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EFTA01366518

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Amendment #4 Page 89 of 868 'sere iced eni arse will rot be able to terminate the agreement for any other reason, and the agreemert continues in perpetuity until terminated in accordance with its terms. The Management Services Agreement includes noncomeete pronsons that will prohbn us from engaging n certain metes anymore with our Sponsors power project development and construct co business These noieLuillkete prcmscrs will survive terminalon axlefrebely. If cur Sponsors perfamance does not meet the expectatons of irvestors and we are viable to termrate the Management Services Agreement the market price of ar Class A common stock could suffer "our Sponsor terminates the Management Services Agreement or clef:oohs In the performance of its obligations under the agreement, we may be unable to contract with a substitute service provider on similar terms or st all. We vin rey on our Sponsor to ',mode us wan maropemem sent ces under the litanagemert Sere, Agreenti one Nwilt no: rove Memoir:1 eKec.r.rve senor management or other personnel The Maregernerc Sences Agreement will provide that as Sponsor may terminate the agreement upon 90 days pro: written notice of termastic(' to us upon the occurrent-aft of any of the following 0) we default n gle performance or observance of any material term, candbon or co mans contained in the erecter/ in a nerver trot resJts in rnatenal harm to our Sponsor and the default continues urvemedied for a pencil of 30 days after wretch 'oboe of the bread', is given to us. Cu) ram the happening of certain events relating to our bankruptcy or inseivency, or (mien such dote as our Sponsor and its affiliates no to beneficially hold more than 50% of the voting power of our aortal stock If our Sponsor terminates the Management Services Agreement or defaults in the performance of Its obligations under the aereemmt, we may be unatte to contract with a substitute service provider on saner turns or at all, and the costs ce substituting

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