August 2, 2021
Interim General Counsel and Corporate Secretary
c/o FuelCell Energy, Inc.
3 Great Pasture Road
Danbury, CT 06810
This employment agreement (this “Agreement”) is made and entered into effective as of August 2, 2021 (the “Effective Date”), by and between FuelCell Energy, Inc., a Delaware corporation (the “Corporation”), and you.
WHEREAS, the Corporation and you desire to enter into this Agreement to set forth the terms and conditions of your continued employment relationship during the period of your service as Interim General Counsel and Corporate Secretary or your service as General Counsel and Corporate Secretary if the Corporation’s Board of Directors (the “Board”) subsequently determines to appoint you to that role on a non-interim basis;
WHEREAS, you acknowledge and agree that the Board is in the process of considering both internal and external candidates to serve as the new General Counsel and Corporate Secretary of the Corporation on a non-interim basis; and
WHEREAS, you acknowledge that by executing and delivering this Agreement, you will obtain certain rights, compensation, and benefits greater than those that you previously received from the Corporation and that, accordingly, such rights, compensation, and benefits constitute valid consideration to you.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows:
You shall perform all duties, consistent with your position as Interim General Counsel and Corporate Secretary in order to advance the Corporation’s affairs and related business efforts, assigned or delegated to you by Board or the Corporation’s President and Chief Executive Officer (“CEO”) and normally associated with the position of Interim General Counsel and Corporate Secretary. You shall devote all of your full business time, attention, energies, skills, and efforts to the advancement of the interests and business of the Corporation.