FIRST AMENDMENT TO CHARGING LICENSE ACCESS AGREEMENT
This FIRST AMENDMENT TO CHARGING LICENSE ACCESS AGREEMENT (this “Amendment”), dated as of _______________________________ (the “Amendment Effective Date”), is between EVgo SERVICES LLC, a Delaware limited liability company (“EVgo”), and CITY OF VISALIA, a California municipality (“Host”).
RECTIALS
WHEREAS, Host and EVgo (formerly known as NRG EV SERVICES LLC d/b/a NRG eVgo) entered into the Charging Station License Agreement dated October 26, 2015 (the “Agreement”); and WHEREAS, Host Property is located at 300 E. Acequia Avenue, Visalia, CA 93291; and WHEREAS, the parties hereby desire to amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Host and EVgo agree to amend the Agreement as follows.
AMENDMENT
License Term. Article 2 Section 2.1(a) of the Agreement is hereby deleted in its entirety and replaced with the following:
The term ("Term") of the License shall commence on the Effective Date and, subject to the provisions of Section 2.2 below, end on July 22, 2028 (as extended from time to time, the "License Expiration Date"). The "Commencement Date" shall mean the date on which the Freedom Station is first operational.
Capitalized Terms. All capitalized terms used herein, but not defined herein, shall have the meanings given to them in the Agreement.
Remainder of Agreement Unaffected. Except as set forth herein, the Agreement shall remain unmodified and in full force and effect, and Host and EVgo do hereby ratify and confirm the Agreement, as modified and amended hereby. To the extent there is a conflict between the terms and conditions of the Agreement and this Amendment, this Amendment shall control. [Signature page to follow]
IN WITNESS HEREOF, this Amendment is executed as of the Amendment Effective Date.
CITY OF VISALIA,
a California municipality
By:
Name:
Title:
EVGO SERVICES LLC
a Delaware limited liability company
By:
Name:
Title:
EVgo Internal: P2610