THIRD MODIFICATION OF LEASE

The recitals set forth above are incorporated herein by this reference. Defined terms not otherwise expressly defined herein shall have the meaning ascribed thereto as set forth in the Lease.

The term of the Lease is hereby extended for an additional period of fifteen (15) years from January 1, 2016 through and including December 31, 2030 (the “Fifteen Year Term”). Tenant’s exercise of Section 3 of the Second Modification pursuant to the 9/28 Exercise Letter is superseded and replaced by this Third Modification and is of no further legal effect with respect to the period from and after January 1, 2016.

During the Fifteen Year Term, Tenant shall pay base rent to Landlord as follows:

During the first five (5) years of the Fifteen Year Term (which includes the dates of January 1, 2016 through and including December 31, 2020), Tenant shall pay to Landlord a base annual rental amount of $308,750.00 per year in equal minimum monthly installments of $25,729.17 payable in advance on the first day of each and every month without prior demand by Landlord. Because this Third Modification was executed and delivered after January 1, 2016 during which period Tenant continued to pay base rent at a slightly higher rate under the prior base rent schedule established pursuant to the 9/28 Exercise Letter, the parties shall adjust base rent hereafter paid to Landlord by crediting Tenant with any over-payment made hereunder from January 1, 2016 through the date of execution and delivery hereof, appropriately pro-rated for any partial month, until such overpayment has been reimbursed to Tenant in full. Upon execution hereof, Landlord shall provide Tenant with a statement setting forth the amount of overpayment, and such sum will be deducted from base rent until fully recaptured by Tenant.

During years six (6) through ten (10) of the Fifteen Year Term (which includes the dates of January 1, 2021 through and including December 31, 2025), Tenant shall pay to Landlord a base annual rental amount of $373,750.00 per year in equal minimum monthly installments of $31,145.83 payable in advance on the first day of each and every month without prior demand by Landlord.

During years eleven (11) through fifteen (15) of the Fifteen Year Term (which includes the dates of January 1, 2026 through and including December 31, 2030), Tenant shall pay to Landlord a base annual rental amount of $438,750.00 per year in equal minimum monthly installments of $36,562.50 payable in advance on the first day of each and every month without prior demand by Landlord.

Landlord grants Tenant the right and option to extend the term of this Lease for three (3) additional periods of five (5) years each (the “First Extension Period”, the “Second Extension Period”, and the “Third Extension Period”, respectively). The First Extension Period, if duly exercised, shall commence on January 1, 2031 and continue through and including December 31, 2035, the Second Extension Period, if duly exercised, shall commence on January 1, 2036 and continue through and including December 31, 2040, and the Third Extension Period, if duly exercised, shall commence on January 1, 2041 and continue through and including December 31, 2045.

The base annual rental amount to be paid by Tenant to Landlord during the First Extension Period, as described above in Section 4 of this Third Modification, shall be the greater of: (a) the “Fair Market Rent” for Premises as of March 31, 2030 (which is the date nine (9) months prior to the commencement of the First Extension Period); or (b) the base annual rental being paid by Tenant to Landlord during calendar year 2030.

Tenant shall obtain approvals for and comply with, at Tenant’s sole cost and expense, all federal, state and local approvals, laws, rules and regulations (collectively, the “Approvals”), necessary for the construction of an approximately 102,000 square foot addition to be built to the south of the Current Building, including appurtenant land improvements such as paved areas, sidewalks and landscaping (collectively, the 102,000 square foot addition and appurtenant land improvements to be referred to herein as the “Expansion Building” and, except as specifically otherwise provided herein, such Expansion Building shall be included within the definition of the “Premises” under this Lease. The plans and specifications for the Expansion Building shall be substantially as shown on the plans and specifications attached hereto as Exhibit A (collectively, the “Plans and Specs”); provided, however, that it is understood that as long as Borghesi Building & Engineering Co., Inc. is Tenant’s Contractor (as defined below), Tenant may make changes to the Plans and Specs, without Landlord’s prior consent, as long as structural changes to the Expansion Building have been approved in writing by Borghesi Building & Engineering Co., Inc. If Borghesi Building & Engineering Co., Inc. ceases to serve as Tenant’s Contractor, then from and after such cessation, all material changes to the Expansion Building structural elements set forth in the Plans and Specs shall require Landlord’s prior written approval, not to be unreasonably withheld or delayed. If Landlord’s approval is not granted or denied in ten (10) Business Days, it shall be deemed granted. Notwithstanding the preceding, Tenant shall give five (5) Business Days advance notice to Landlord of any other material changes to the Plans and Specs provided that for so long as Borghesi Building & Engineering Co., Inc. is Tenant’s Contractor, notification to said Tenant’s Contractor shall be deemed adequate notice in compliance herewith with respect to notices for changes not requiring Landlord’s prior approval. Without intending to limit the Approvals to which Tenant will comply, it is specifically understood, to the extent the following requirements remain applicable to the Premises: (a)

Miscellaneous:

Tenant hereby represents to Landlord that Tenant has already received Ten Million Dollars of loan funds from the State of Connecticut Department of Economic and Community Development and that it has sufficient funds to complete the construction of the Expansion Building and pay all bills as and when due in connection therewith.

If Tenant does not use Borghesi Building and Engineering Co., Inc. as Tenant’s Contractor for the construction of the Expansion Building, Tenant must obtain Landlord’s prior written consent to the Tenant’s choice of Tenant’s Contractor, which consent shall not be unreasonably conditioned, withheld or delayed. Notwithstanding the foregoing, it shall be reasonable for Landlord to withhold consent to use of a contractor for reasons including, but not limited to, Landlord’s reasonable belief formed impartially in exercise of reasonable judgment that the proposed contractor does not have reasonable adequate financial resources or adequate experience with construction projects of this nature.

Tenant will not directly or indirectly cause, create, incur, assume or allow to exist any mortgage, pledge, lien, charge, security interest, encumbrance or other claim of any nature on or with respect to the Premises or any interest of Landlord therein, including, but not limited to, the land of the Premises, the Current Building, the Expansion Building and any other improvements now or hereafter thereon, or any interest therein (collectively a “Fee Lien”). Landlord does not consent to or authorize any Fee Lien or to subordinate its fee interest to any Fee Lien, and Tenant agrees that it has no right, power or authority to grant any Fee Lien. Any purported Fee Lien shall be null, void and of no force or effect. Tenant will immediately notify Landlord in writing of the existence of any such purported Fee Lien, and notwithstanding the agreement of the parties that any such purported Fee lien is null, void and of no force or effect, Tenant will promptly cause the same to be discharged and released of record without cost to Landlord. Tenant will indemnify Landlord against all costs and expenses (including reasonable attorneys' fees) incurred in discharging and releasing any such purported Fee Lien.  Notwithstanding the foregoing, Tenant may grant security interests in its personal property (e.g. moveable machinery and equipment but expressly excluding, without limitation, any fixtures that constitute “fixtures” under Connecticut real property law or under the Lease) located at the Premises (“Financeable Personal Property”), subject to the terms of the Lease. Landlord

Landlord and Tenant agree to execute simultaneously with this Third Modification a mutually acceptable Notice of Lease that does not list any of the monetary provisions of the Lease and is in compliance with the provisions of CGS Section 47-19. Tenant agrees that if this Lease shall terminate prior to the full term thereof as set forth on said notice (including any extension options), Tenant shall execute and deliver to Landlord within ten (10) business days of Landlord’s request therefor, a notice of termination of said Notice of Lease in form suitable for recording on the Land Records of the City of Torrington.

Upon reasonable prior notice to Tenant, Landlord shall have the right to enter upon the Premises to inspect the construction activities related to the Expansion Building, provided that Landlord shall not interfere with or disrupt the construction activities. Subject to events of force majeure only, Tenant shall be under an affirmative obligation, within two (2) years of commencement of said construction to: (i) substantially complete the Expansion Building construction; (ii) deliver an unconditional final Certificate of Occupancy for the Expansion Building issued by the City of Torrington to Landlord; (iii) provide Landlord at Tenant’s cost with an “as built” site plan for the Premises and updated “final” building plans and specifications from Tenant’s Contractor in commercially reasonable form; and (iv) provide Landlord with lien waivers from all parties who have performed work or provided materials to the Expansion Building; provided, however, that for so long as Borghesi Building and Engineering Co., Inc. is Tenant’s Contractor for the construction of the Expansion Building, Tenant shall be obligated to provide lien waivers with respect to the Expansion Building only for those contractors and materials suppliers whose individual aggregate contract price is $50,000 or greater (such as, but as an example only and without limitation, if a contractor has 3 separate contracts such as an initial contract of $15,000 and then 2 additional change orders of $15,000 each, no lien waiver would be required since the total contract value would only be $45,000; whereas if that contractor has one further

Notwithstanding anything to contrary in the Lease (including, without limitation, Paragraph 9 thereof), and except for “Landlord’s Paragraph 9 Structural Repair Obligation” as hereinafter defined and “Landlord’s negligent acts and the negligent acts of Landlord’s agents, contractors and employees in the performance of Landlord’s Paragraph 9 Structural Repair Obligation”, throughout the term of the Lease and any extensions thereof, Tenant shall be responsible, at Tenant’s sole cost and expense, for all costs and expenses of any kind associated with the Premises (including without limitation, the Expansion Building and the Current Building) including, but not limited to, Taxes, Operating Expenses, maintenance, repair and replacement of any and all components thereof (including, but not limited to, the roof, walls, steel structure, foundation, floor, HVAC, electrical, plumbing, mechanical, paved areas, sidewalks and landscaping). With respect to the preceding phrase “Landlord’s negligent acts and the negligent acts of Landlord’s agents, contractors and employees in the performance of Landlord’s Paragraph 9 Structural Repair Obligation”, it is expressly agreed that any work by Borghesi Building and Engineering Co., Inc. as Tenant’s Contractor shall in no manner be attributed to Landlord. Tenant shall at all times maintain the Premises (including without limitation, the Expansion Building and the Current Building) in a commercially reasonable manner with all systems located therein maintained in good operating condition and repair and in weather-tight condition, performing all commercially reasonable preventative maintenance in a timely manner (including, but not limited to, the HVAC, plumbing, electrical and mechanical systems), repairing and replacing the paved areas and sidewalks thereof on a regular basis to maintain them in sound condition without material defects and otherwise maintaining the same in commercially reasonable condition (but excluding any obligation to perform “Landlord’s Paragraph 9 Structural Repair Obligation”). On the expiration date or earlier termination date of the Lease, the Premises, including, but not limited to, the Current Building and Expansion Building, and all of their components required by the Lease to be maintained by Tenant, shall be returned to Landlord evidencing that they have been maintained by Tenant and are then in good operating condition and repair, weather-tight condition (subject to Landlord’s obligation to make Structural Repairs to the Current Building only, as described in Paragraph 9 of the original Lease and referred to herein as “Landlord’s Paragraph 9 Structural Repair Obligation”), and with all repairs and replacements having been completed by Tenant as described above herein and in the Lease, reasonable wear and tear and casualty (but subject to compliance by Tenant of its casualty obligations hereunder) excepted, subject to any permitted alterations which may have occurred from time to time pursuant to the terms of the Lease. The reference to reasonable wear and tear shall not be applied in such a manner as to mitigate Tenant’s obligation to maintain the Premises in good operating condition and repair and weather-tight throughout the term as hereinabove described and deliver the same to Landlord in such condition upon termination or expiration of this Lease.

Commencing as of the date of this Third Modification and at all times hereafter throughout the Term of this Lease, and notwithstanding provisions in the Lease to the contrary (including, without limitation, Paragraph 26 of the original Lease and Section 3 of the Modification of Lease dated December 2, 2001, each of which sections are hereby deemed deleted, null and void), Tenant shall, at its own cost and expense, carry, maintain and pay the premiums upon (as and when due) the following insurance with respect to the Premises (including, without limitation, the Current Building and Expansion Building): (a) Commercial General Liability insurance coverage, written on an occurrence form, including, without limitation, coverage for bodily injury, personal injury, property damage, contractual liability and such other coverages as are available under an ISO CG 00 01 12/07 policy form, its equivalent or better, with limits of not less than $2,000,000 per occurrence, general aggregate and products completed operations aggregate (“GL”); and (b) Excess Liability insurance in umbrella form with limits of not less than $20,000,000 per occurrence, general aggregate and products completed operations aggregate including, without limitation, coverage for bodily injury, personal injury, property damage liability and contractual liability and such other coverages as are covered by the Commercial General Liability policy referenced above (“Excess”); (c) Building and Personal Property Coverage Form, Special Form, full replacement cost coverage including but not limited to, fire, vandalism, theft, with extended coverage, and earthquake coverage, on the Premises (“Property Casualty”); (d) Worker's Compensation and Employers Liability coverage insurance in such amounts as may be required by law or regulation; and (e) to the extent not included within the coverage required by subsection (c) immediately above, full replacement cost coverage for any fixtures and equipment which are integral to the operation of the Premises such as, but without limitation, HVAC and other building systems. The GL policy shall name Landlord and any Landlord mortgage lender as an additional insured under additional insured endorsement CG 20 10, its equivalent or better and such policy shall be primary and non-contributing. The Excess policy shall, by its terms, insure the Landlord and its mortgagee in the same manner as if Landlord and its mortgagee were named as additional insureds thereunder or Landlord and its mortgagee shall be so named under said Excess policy. If Tenant is operating in more than one state, Tenant shall include a so-called “other state coverage” endorsement. If the insurance amounts or forms of coverage referred to in this Lease become in “Landlord's reasonable judgment” inadequate, Tenant agrees to promptly procure and maintain the amounts and types of insurance as and when reasonably requested by Landlord. For purposes hereof, “Landlord's reasonable judgment” shall mean Landlord’s election to require alternate or additional coverages which are comparable to those being commonly required for similar buildings and uses within the State of Connecticut. Tenant shall procure and maintain in place at all times during construction of the Expansion Building or during any other construction activity at the Premises, at its sole cost and expense (and shall pay all premiums as and when due thereon), “builder’s risk” insurance (“Builder’s Risk”) in an amount equal to the full construction cost of the Expansion Building or such other construction work, as applicable, inclusive of all change orders, offsite work and unincorporated materials with a deductible not to exceed Fifty Thousand Dollars ($50,000.00) per event of loss. Any proceeds from said Builder’s Risk policy shall be first used for the reconstruction of the Expansion Building, offsite work and replacement of unincorporated materials.

All sections of Paragraph 31 of the original Lease entitled “Destruction or Damage” are hereby deleted and replaced with the terms of this Section 10.

Provided Tenant shall not be in default beyond any applicable notice and cure period of this Lease, Tenant shall have the right to purchase the Premises from Landlord (the “Purchase Option”) at any time during the Fifteen Year Term but in no event later than December 31, 2030, by giving Landlord a minimum of six (6) months prior written notice (the “Exercise Notice”). Tenant’s Purchase Option as described in this Section 11 shall lapse and be null and void: (a) if Tenant has not provided Landlord with an Exercise Notice on or before June 30, 2030, TIME BEING OF THE ESSENCE; (b) if Tenant has provided an Exercise Notice but thereafter rescinds such exercise under a permitted circumstance as specifically described in Exhibit B, in which case Tenant may not Exercise the Purchase Option again; or (c) Tenant defaults on its obligation to purchase as described in the “Default” clause in Exhibit B, in which case Tenant may not Exercise the Purchase Option again. Upon Landlord’s receipt of the Exercise Notice from Tenant, the provisions of Exhibit B hereto shall be deemed “Activated” (as that term is defined in Exhibit B) and shall be binding upon and inure to the benefit of the parties hereto. Landlord and Tenant hereby agree and acknowledge that, on the date of the execution hereof, Exhibit B as attached hereto is not in force or effect and is not binding upon the parties hereto. Only once Activated shall the provisions and obligations of the parties as set forth therein be deemed to be in full force and effect, incorporated herein and binding upon the parties. Until the Closing (as defined in said Exhibit B) shall have occurred, Landlord and Tenant acknowledge and agree that the Lease shall be and remain in full force and effect; and effective as of the Closing, the Lease shall be deemed terminated as though by lapse of time rather than as by mutual agreement of the parties (and this provision shall survive the termination of the Lease). This Purchase Option is not severable from the Lease, is personal to FuelCell Energy, Inc. and may only be exercised by FuelCell Energy, Inc. or its “Successor by Merger” (as hereinafter defined), but FuelCell Energy, Inc. (or its “Successor by Merger”) may close the purchase of the Premises in its own name or the name of a “nominee” pursuant to the specific terms described in Exhibit B. If Exhibit B is “Activated”, but the Closing does not occur for any reason, this Lease shall continue in full force and effect.

Landlord warrants that Landlord has not utilized any real estate broker in connection with this Third Modification, and therefore, Landlord shall not be responsible for any brokerage fees in connection with this Third Modification. Tenant acknowledges that Tenant has utilized a Tenant’s broker (Jones, Lang, Lasalle of Stamford, Connecticut) in connection with this

Miscellaneous Matters:

Tenant acknowledges and agrees that Landlord has complied with its obligations under Paragraph 8 of the original Lease.

Without limitation to the provisions hereof, it is expressly agreed that the term Premises as used in Paragraph 11 of the Lease includes the Expansion Building.

Paragraph 22 of the original Lease is deleted and the following is inserted in lieu thereof: “Tenant covenants and agrees that it will not assign this Lease or sublet (which term, without limitation, shall include the granting of concessions, licenses, interests and the like) the whole or any part of the Premises or any interest therein without in each instance having first received the express prior written consent of the Landlord, and any applicable mortgage lender. No such assignment or sublease shall be valid without Landlord's and such mortgage holder's prior written consent. In addition, for the purposes of this Lease the sale or transfer of any of the stock, partnership, limited partnership, membership interest or any other direct or indirect beneficial ownership interest or control in the Tenant, or the stock or partnership, limited partnership, membership or any other direct or indirect interest or control in the parent entity of the Tenant shall be treated as if such sale or transfer were, for all purposes, an assignment of this Lease and shall be governed by the provisions hereof. If this Lease be assigned, or if the Premises or any part thereof be sublet or occupied by anybody other than Tenant, Landlord may collect rents and other charges from the assignee, subtenant or occupant and apply the net amount so collected to the rents and other charges herein reserved. No such assignment, subletting, occupancy or collection shall be deemed a waiver of the provisions of this Section or acceptance of the assignee, subtenant or occupant as a tenant under this Lease. Tenant shall, notwithstanding any approved or unapproved assignment or sublet, remain jointly and severally liable under this Lease. Any such assignee shall assume, jointly and severally with Tenant, all of Tenant's obligations hereunder, and shall attorn to Landlord. Any such assignee, sublessee or occupant shall, with Tenant, if so requested by Landlord, execute Landlord's form of Consent to Assignment or Consent to Sublet, as applicable, which shall be prepared by Landlord. Landlord's consent to an assignment or sublet shall not be deemed a waiver of Tenant's or such assignee's or sublessee's obligation to seek Landlord's approval for any future assignment or sublet.

Landlord represents and warrants to Tenant that it exists as a limited liability company under Connecticut law, has full limited liability company power and authority to enter into and consummate this Third Modification and any purchase of the Premises consummated in connection herewith, and that this Third Modification was executed and delivered by Landlord and is binding upon Landlord, its successors and assigns. Landlord further represents to Tenant that any documents executed and delivered by Landlord to Tenant on account of the purchase transaction contemplated by this Third Modification shall be duly authorized, executed and delivered by Landlord and binding upon Landlord, its successors and assigns. Landlord’s aforesaid representation shall survive the consummation of any purchase transaction herein contemplated.

Except as specifically modified herein, the Lease, as previously modified, shall remain in full force and effect.

Proposal Letter from Borghesi Building & Engineering Co., Inc. dated March 23, 2015.

Proposal Letter from Borghesi Building & Engineering Co., Inc. dated March 24, 2015.

Specifications from Borghesi Building & Engineering Co., Inc. dated March 27, 2015 (pages 1 through 32).

Borghesi Building & Engineering Co., Inc. Drawing “SP-1” printed on February 6, 2015 at 8:27:59 AM.

Borghesi Building & Engineering Co., Inc. Drawing “A-1” dated February 25, 2015; and

Borghesi Building & Engineering Co., Inc. Drawing “A-2” printed April 6, 2015 at 3:24:09 PM.

Site Work with the parking as shown on our Plan. We have also included for the work required to provide an access road along the northerly property line and additional parking on the north-west side of the site.

We will provide the necessary steel for the installation of your 15ton and 60ton crane systems.

To help control the moisture barriers we have provided a rubber membrane roof with 3.5” of foam insulation. We have also included metal wall paneling system at the GSC and ALR exterior walls

We included the cost of $31,000.00 for the Town Sewer Fee. (We are still waiting on a final review from the Town. However, we feel this allowance is low)

A front entry has been created and will be finished with Dryvit.

We included the Power Company Fee of $101,000.00 for CL&P power fee to the building.

The partitions indicated on the print are included and are full height and vapor resistant where needed.

We have provided heating and air conditioning for the entire new addition. The HVAC loads were determined by Fuel Cell specified requirements

We have included three (3) separate sets of men’s and women’s Toilet Rooms (Office, Manufacturing and Shipping).

Carpet in Office Area

Cafeteria to be done in Vinyl Tile

Ceramic floor and walls at the two (2) Office and Cafeteria toilets.

Vinyl tile in the shipping area toilets.

The electrical service was included as a new 5,000 amp service in the addition and leaving the present service in place. We have NOT provided a generator

We included six (6) electric hydraulic dock levelers.

We provided for four (4) large Air Tight interior overhead doors for humidity controlled areas of the GSC and ALR. We have eleven (11) other insulated overhead doors as indicated on the floor plan. All overhead doors will have electric operators.

The Design-Builder shall perform all work specified herein. All labor will be performed by workmen regularly employed in their respective trades.

The Design-Builder shall provide supervision and engineering services for its work as specified herein. All structural drawings shall be in accordance with the Connecticut State Building Code and certified as such by a Connecticut Licensed Professional Engineer.

The necessary Connecticut stamped architectural services and associated fees for the new addition for the work described herein are included.

The Design-Builder shall obtain and pay the fees for the building permit. The Design-Builder will provide, at his own expense, Workmen’s Compensation, Public Liability and Property Damage Insurance. The Tenant shall pay for the Builder’s Risk Insurance as a part of its normal building insurance cost with the Design-Builder as named insured.

The Design-Builder will provide temporary sanitary facilities as needed during construction.

When the project is completed, the Design-Builder shall remove all of its tools, machinery from the jobsite and deposit all debris in the dumpsters. Final cleaning such as general cleaning, sweeping debris in the Factory area. Cleaning of the windows, washing and waxing of finished floors, etcetera, shall be provided for the Office area.

Cost for special inspection services and testing, including soil compaction, concrete and steel inspection, as required by the State Building Code are included.

Dumpster services for Design-Builder’s need during construction will be provided.

Any work not specifically mentioned herein as “included” by Design-Builder, is not included.

The Design-Builder will layout and stake the proposed building location.

The Design-Builder shall remove and properly dispose of the existing trees, shrubs, etc. as required to allow for the proposed construction.

Topsoil will be stripped and stockpiled for later use. Mass earthwork, cuts and fills shall be performed to bring the site to the proposed subgrades. Areas at the building requiring fill, will be filled with suitable imported and on-site material and compacted to 95% density using a vibratory compaction roller.

The Design-Builder will excavate and backfill for footings and foundations walls. The bottom of footings will be forty-two inches (42”) below the proposed finished exterior grades.

New asphalt areas, as shown on the Site Plan, will consist of nine inch (9”) recycled gravel base (at the parking areas) and twelve inch (12”) recycled base (at the driveways) and two courses of one and one-half inch (1- ½ ”) of bituminous concrete (three inch [3”] total) at both the parking and drives.

A roof water drainage system will also be installed tying all the downspouts at the building into the site drainage system as shown on the Site Plan. The site drainage system includes catch basins, detention basins, a drainage swale at the South side of the building, piping and fittings as needed to complete the system as shown on the Site Plan.

The Design-Builder will excavate and backfill and install the new sanitary sewer and water lines.

Erosion control measures during construction have been included in accordance with the Erosion Control Plan and designated narrative.

Concrete Walks as shown on the Site Plan will be 3,500 p.s.i. concrete, four inches (4”) thick placed over a six inch (6”) compacted base of gravel.

The Design-Builder has included handicap signs, striping etc. in the new parking lot.

The Design-Builder will excavate and backfill for the electric lines from the building to the electrical service.

An anti-track pad (construction entrance pad) will be installed at the proposed drive area and will be maintained during construction.

We have included an allowance of $30,000.00 for designing, seeding, and landscaping work which includes the tree buffer along the residential zone (No fencing will be provided).

We have included an Allowance of $31,000.00 for a sewer fee to the City of Torrington.

The footing design has been based on 4,000 p.s.f. soil bearing capacity and the soil being seismically stable. The proposed continuous foundation walls shall be reinforced with steel rebar as required. Approximately two hundred and fifty feet (250’) of deeper wall (7’-6” to bottom of footing) shall be provided to allow for four feet (4’) of exposed foundation at loading docks and east wall of the building. The balance of the bottom of footings will be forty eight inches (48”) below finish floor. Column footings and pilasters shall be installed in accordance with the structural design requirements. Vertical rebar shall be placed at four feet zero inches (4’-0”) on center and shall extend vertically out of the foundations walls and into the masonry block at the north and west perimeter walls for seismic stability.

Continuous footings shall be installed and keyed to accept the foundation walls. These footings shall also receive steel rebar reinforcements.

Foundation concrete and concrete floor will have a design compressive strength of 3,000 p.s.i. at twenty-eight (28) days.

A twelve inch (12”) thick concrete floor slab shall be provided at the Global Service Center area, Paint Room and Shipping Area. This slab shall have two (2) layers of 6 x 6 W2.9x W2.9 welded wire mats set on chairs. Construction joints will be formed with doweled key joints. A six inch (6”) thick concrete floor with one (1) layer of reinforcing of 6 x 6 W2.9x W2.9 mesh set on chairs will be installed in the Automation Line Room and Storage Areas. The slabs shall be finished by screeding and machine troweling for a smooth finish. The office area will be a four inch (4”) thick reinforced with fibermesh concrete floor. A vapor barrier shall be provided below the slab on grade. The new concrete floor shall butt against the existing building south wall sheets (the sheets will not be cut out where they extend below the present floor, except at wall opening interconnecting floor areas). The floors will be doweled to the present building slab at these wall openings after the top of the existing foundation wall has been removed from these interconnecting areas.

Saw cut contraction joints will be placed on the slabs on grade and will be provided at column lines and on centers not to exceed seventeen feet (17’) apart to help control shrinkage cracking. No caulking of any floor joints shall be provided. No saw joints will be installed at the Office area floor which will allow for more minor cracking but less large shrinkage openings at the saw joints.

A total of nine (9), five foot by five foot (5’ x 5’), forty-two inches (42”) deep and one (1) seven foot by five foot (7’ x 5’) (at the front entry) concrete stoops shall be provided at the exterior grade level passdoors. These stoops will be poured at the time of foundation installation.

All anchor bolts and templates shall be supplied and installed.

We have included an Allowance of $15,000.00 for construction of the N2 and O2 tank bases which is the cost of the work shown on the prints by the gas supplier (no fencing, guide rail piping or electrical work is included by Design-Builder).

A new concrete transformer pad will be provided.

The exterior open platform (at the 60 ton crane) will be provided with a twelve inch (12”) thick concrete slab set on twenty-four inches (24”) of a washed stone base.

The North and West walls of the proposed building as shown on the elevation plans shall be constructed with eight inch (8”) thick, tinted, split face block with the top course being a standard, tinted, masonry block accent as shown on the elevations. Masonry shall be chosen by the Owner from standard samples supplied by the Design-Builder to best match the existing building. The exterior eight inch (8”) masonry block walls shall receive insulation in the non-grouted cores. The mortar shall not be colored. The masonry wall will be four feet (4’) total height.

The exposed exterior concrete foundation walls at the loading dock area shall be left exposed and not rubbed or stuccoed. The ties will be broken off at the surface of the exposed foundation.

An EIFS stucco system will be provided on the west wall above the main entry, similar to your present building. An EIFS stucco system will also be applied to the West wall piers.

The building will be constructed as follows:

Building “1” will be four hundred and forty one feet long by one hundred and ninety-nine feet wide by twenty-five foot low eave height (441’ x 199’ x 25’)± building.

Building “2” will be one hundred and ninety-nine feet long by seventy-two feet wide by thirty-six foot low eave height (199’ x 72’ x 36’)±. Building “2” will be connected to the East side of Building “1”. Building “2” will be provided with sister columns, bracing and crane support beams for the Owner’s supplied 60 ton crane and rail system. Finally, a second exterior 60 ton crane rail and beam system will be provided with a forty-five foot (45’) run and twenty-five foot (25’) span at the East side of this building.

The roof of the building shall single slope at ¼:12 roof pitch.

The building structure has been designed for a 30 p.s.f. roof snow load, 15 p.s.f. collateral load, 95 m.p.h. wind load, Exposure C, UL 90 rated, and .27/.086 seismic loading, Deflection L/240. Similar to the existing building, the roof in the Manufacturing area framing and truss system will deflect up to four inches (4”)± during snow loads especially since the clear spans are substantial.

The roof of the buildings shall be white primed galvanized B-decking with a 3.5” layer of polyisocyanurate foam insulation R20 with a white rubber membrane roof. The roofing system includes a 20 year manufacturer warranty.

The East and South elevation walls and the West wall of Building “2” above the roof of Building “1” will be Butler Thermawall Fineline 2” thick foam filled paneling system which has a metal facing on the exterior and interior. The exterior facing panel’s on the North elevation shall be Butler’s Shadowall Panels. All wall panels shall be coated on the exterior facing panels with seventy percent (70%) Kynar fluoropolymer, color to match the existing building as best as possible. The fascia (West elevation) will be VSR paneling.

Additional roof structural bar joists will be provided for roof loads for large HVAC systems being provided herein. Installation of these curbs is included for these units. Roof structurals “only” will be provided for the future four (4) 8,000 lbs. dehumidification units and added (4-20 ton) air conditioning units which were discussed but were subsequently deleted. These structurals will be installed at this time since installation at a later date will be difficult.

Gable trim and exterior oversized gutters and downspouts shall be provided. The gutters and downspouts will be surface mounted on the exterior of the building on the south side.

A metal pan soffit will be provided at the underside of the main entry on the West side and at the overhang on the West side.

Bracing will include cross bracing rods, portal frames, and box struts which will be exposed.

An interior liner paneling will be supplied and installed on the North wall from four foot (4’) block height to twelve feet nine inches (12’-9”).

We have included a $6,000.00 allowance to cut, frame and trim off various openings between the existing building and the new addition, for passage between buildings. Note: at areas of bracing, no openings can be created.

The nine (9) exterior pass doors will be hollow metal, equipped with lever locksets, weather-stripping, and closures (No canopies will be provided at these doors). We will supply and install thirty eight (38) three foot by six foot eight inch (3’ x 6’-8”) interior metal or solid core oak faced wood doors and hollow metal frames as per drawing. Doors will include the necessary lever hardware, passage sets, locksets, push pulls, etcetera.

Overhead doors will be provided as follows

Full height walls will be eight inch (8") 18GA with 5/8 drywall on each side (and 4mil poly on one (1) side and insulated at areas designated as "Humidity Controlled").

We will frame, install five-eighths inch (5/8”) drywall, insulate partitions for the offices and bathroom.

We will frame, drywall, insulate Fire Pump Room to full height. (Fire rated).

The cafeteria and office walls facing the factory will be constructed with metal studs with five-eighths inch (5/8”) sheetrock full height on the warehouse side and to ceiling height on the Office and Cafeteria side. These walls will be insulated to help reduce sound transmission.

The shipping toilet and paint room will be constructed with a non-load bearing deck above.

The Office division walls will be constructed to just above ceiling height.

The Conference Room walls and ceiling will be insulated to help reduce sound transmission to and from other areas.

Supply and install window bands and lower full size glass as per the elevation drawings. All window tubing will be thermally broken, aluminum center set flush glaze framing with sub sill in bronze anodized finish. Glazing to be one inch (1”) thick insulated units made with one-quarter inch (¼”) bronze glass for exterior lite, one-half inch (½”) air space, and one-quarter inch (¼”) clear glass for interior lite. Glazing to be tempered glass where required by law. Supply and install one (1) pair of narrow style glass doors, all with the following hardware: one inch (1") round push/pulls, two (2) butts per leaf, four inch (4”) threshold, key cylinder & thumb turn, standard ADA closer, glazed with bronze tempered insulated glass.

The toilet rooms in the shipping area will be constructed with a deck above. The deck will not be load bearing and is being installed for cleanliness purposes only.

We have included a folding acoustic paneling system in the Conference Room complete with a structural or equal support beam and tracks, etcetera. The door will be Modernfold acoustic - seal 932, thirty foot wide by nine feet high (30’ x 9’)± with eight (8) panels per wall section (16 panels total). We have included a $13,384.00 Allowance for the cost of the partition.

Exterior walls receiving the Shadowall metal panels will be insulated with six (6”) thick fiberglass blanket insulation. The insulation facing shall be a reinforced poly scrim foil vapor barrier, color white, which shall be exposed at the interior of the building.

Caulking and weather-stripping shall be installed to help reduce air infiltration.

The non-grouted cores of the eight inch (8”) masonry block shall receive insulation inserts.

The masonry walls shall remain unfinished, except a sealer is being provided on the exterior of these walls.

Design-Builder will install perimeter foundation insulation on the perimeter foundation walls, twenty-four inches (24”) high (72” at the loading dock). The insulation will be two inch (2”) foamular rigid board insulation.

Roof insulation is specified in Division 5.02.

The stud wall behind the VSR West wall will be constructed with six inch (6”) fiberglass insulation.

Painting as follows:

Paint new sheetrock partition walls.

Paint Walls in humidity controlled areas will be painted with a coat of vapor barrier paint. (Perm rating less than 1.0 perm).

Paint steel doors and door frames, stain and seal the wood doors.

Seal exterior block (interior face) (no paint on interior side).

Carpet with an Allowance of $22.00 per square yard installed, based of a twenty-eight ounce (28oz) material shall be provided in the office.

Ceramic floor and ceramic wall tile forty-eight inches (48”) high on the Office Lavs only.

Vinyl floor tile will be installed in the two (2) Shipping, two (2) Shop Lavatories.

All finished sheetrock walls will receive four inch (4”) vinyl cove base on the bottom of the partitions.

We have included a $10,000.00 for furnish and install cabinet, shelving, and counter Allowance for the cafeteria area, etc.

A two foot by two foot (2’ x 2’) lay in suspended fissured acoustical ceiling shall be installed at nine foot (9’+/-) high in the new office areas and bathrooms. The ceiling will be Armstrong #756 5/8” 2x2 square edge Fissured Class A non-combustible board in Prelude XL 15/16” steel grid with white baked-on enamel finish.

Supply and install the following:

Shipping - Men’s Room:

Shipping - Women’s Room:

Shipping - Janitor’s Room:

Shipping - Water Heater:

Shipping - Water Cooler:

Supply and install the following (Continued):

Shop - Men’s Room:

Shop - Women’s Room:

Shop - Water Cooler:

Office - Men’s Room:

Supply and install the following (Continued):

Office - Women’s Room:

Office Area - Janitor’s Room:

Office - Water Cooler:

Cafeteria:

Water Heater:

Water Piping:

Drainage and Venting:

Supply and install the following (Continued):

Miscellaneous:

Supply and install the following:

Lobby, Reception, Visitor Conference, Executive Visitor, Huddle Room:

Cafeteria:

Large Conference:

Office Restroom:

Small Conference, Interior Huddle Rooms, Interior Offices:

Cubicle Area:

Duct Work:

Thermostats:

Supply and install the following (Continued):

Warehouse/Shop:

GSC Room: Provide two (2) Trane 20 ton rooftop units

ALR Room: Provide three (3) Trane 20 ton rooftop units

Zoning/Duct Work:

Thermostats:

Rooftop Units:

Supply and install the following (Continued):

Rooftop Units (Continued):

Shipping (5,808 square feet):

Gas Piping:

Supply and install the following (Continued):

Bath Exhaust:

Extended Warranty:

High voltage work:

Supply and install four (4) - 75Kva transformers, 480 volt primary, 120/208 volt, 3 phase, 4 wire secondary

We have included $101,000.00 fee for CL&P for the new electrical service and necessary trenching for the new service and T-pad.

Fire Pump:

Quality Assurance:

Fire Pump, Diesel Engine Driver and Control shall be Underwriters Laboratories (UL) Listed and Factory Mutual (FM) Approved for Fire Protection Service.

Pump equipment shall be installed as recommended in National Fire Protection Association (NFPA) 20.

Manufacturer:

Subject to compliance with requirements, provide SPP Pump Company or comparable product.

Design:

Pump shall be a model TD10E Horizontal Split Case Fire Pump with five inch (5”) Class 250 ANSI Suction Flange and four inch (4”) Class 250 ANSI Discharge Flange.

Pump shall be designed to deliver 500 GPM when operating at 75 PSI.

Pump shall not deliver less than 150% of rated capacity at a pressure not less than 65% of rated pressure.

Unit pressure shut-off head shall not exceed 140% of rated pressure.

Pump shall include one (1) set of Suction and Discharge gauges.

Pump shall include one (1) three-quarter inch ( ¾”) Casing Relief Valve

Pump shall include one (1) one-half inch ( ½”) Automatic Air Release Valve.

Driver:

Driver shall be a forty-six (46) HP Diesel Engine Driver, Clarke Model JU4H-UFAEA0, 2350 RPM or comparable product.

Pump and Engine shall be mounted on a factory fabricated steel, non-drip rim baseplate.

Pump unit shall be supplied with a steel coupling guard and grout hole for installation.

Controller:

Fire Pump Controller shall be a Firetrol Model FTA1100-JL12N with NEMA Type 2 Enclosure or comparable product.

Jockey Pump:

Jockey Pump shall be a Grundfos Model CR1S-13 Vertical Multi-Stage Pump with 1 HP 1/60/115-230 Volt Motor or comparable product.

Jockey Pump Controller shall be a Firetrol Model FTA550F-AG001D 1/60/115 Volt 1 HP or comparable product.

Accessories:

Four inch (4”) flanged class 150# Test Header with two (2) two and one-half inch (2½”) Hose Valves, Caps and Chains.

One (1) 70 Gallon UL 142 Double Wall Fuel Tank

One (1) Residential Grade Muffler and SS Flexible Exhaust

One (1) 12 Volt Batteries, Racks and Cables

One (1) six inch (6”) Class 125# x five inch (5”) 250# Flanged Eccentric Suction Reducer.

One (1) four inch (4”) Class 250# x six inch (6”) Grooved End Concentric Discharge Increaser.

One (1) one and one-quarter inch (1 ¼”) Class 250 Jockey Pump Flange Kit

Field Acceptance and Performance Test:

No sprinkler hose stations have been provided.

Supply and install six (6) electric hydraulic dock levelers 30,000 lb static/ 15,000 lb dynamic capacity dock levelers (6’x8’) with a full range toe guards, 18” lip, side weather seal and a self forming tub. All loading docks will include dock bumpers and dock seals.

We will provide the wall mounted, painted toilet partitions, and urinal screens for the new lavatories.

Toilet paper dispensers, paper towel dispensers, handicap grab and fold down bars, flat mirrors for the toilet rooms (finish will be chrome and surface mounted).

Bollards for protection of the transformer.

Clarifications of Items Not Included in this Contract:

N.I.C. on the drawings will mean “Work Not In Contract”.

We assume that electrical service will be provided by Fuel Cell for use of Construction tools and temporary lighting.

Changes required by the governing officials beyond the work specifications provided herein are not included.

In-rack sprinklers.

Air compressor related work including piping.

Painting of sprinkler and other utility piping, columns, beams, joist steel deck, (deck will be prime painted white).

Drawings for gas pads, Owner’s equipment related drawings.

Gas storage tanks, building signs, movable partitions, or wiring, etcetera.

Work on the existing Cafeteria Room (removal, concrete floor etcetera).

Crane installation or wiring.

Dehumidification units or any work associated with the units.

Paint room exhaust or makeup air, or any other related work to the paint room is not included.

All structural steel will be factory prime painted gray or galvanized acrylics. Field painting of the structural steel, field welded joints, etcetera, is not included.

Dimensions and columns locations shown on the plans are nominal and will be adjusted per manufacturers and/or industry standards.

The manufacturer’s stated in the preceding specifications have been stated to establish a “level of quality”. The Design-Builder reserves the right to substitute equal products in place of those specified.

As with any construction project, the extra costs can be encountered due to the items identified in Division No. 14 as well as other changes or Town requirements. The Design-Builder suggests that monies be budgeted for such extra costs.

Where there is a conflict in the Contract Documents, the written Outline Specifications shall take precedence over all other documents.

No structural work has been included for any future mezzanine.

It is possible that the Town or other governing officials require work beyond this scope. If any costs are incurred for these changes, they will be paid by Fuel Cell.

No painting of the crane beams, columns, etcetera has been included for both the interior and exterior cranes.

Other work not specifically “included” herein or work on the existing building is not provided.