Swell Agreement

1.12. “Terms and Conditions” means the End User License Agreement and any other terms governing access to and use of the Services by Authorized Users. CONSIDERING that the user wishes to access and use this software in the context of his professional activity; CONSIDERING that Swell and the User believe that it is in their mutual interest and desire to enter into an agreement in which the User would use the Swell Software in accordance with the conditions set out below. “An agreement of this magnitude and scope was needed to support Hawaiian Electric`s clean energy goals on the three islands. The provision of this level of capacity and ancillary services sets a new standard for virtual power plants and builds on Swell Energy`s deployments in the Americas. This fleet of deployable energy resources benefits the utility and saves customers money and join forces to form a more resilient grid,” said Suleman Khan, CEO of Swell Energy. Swell is launching the first phase of its VPP program in partnership with RevoluSun, hawaii`s leading residential solar company. Owners interested in adopting solar and storage solutions and enrolling in the Hawaii program can sign up to receive announcements on Swell Energy`s website in www.swellenergy.com/nalu. 3.9. Integrations with third parties.

Customer acknowledges that the Services may, from time to time, provide Customer with the ability to access Customer`s accounts with third parties (“Third Party Accounts”) through Customer`s account for the Services, which may include Customer`s ability to generate and transfer information, files and data to and from such Third Party Accounts through the Services and to transact with such Third Party Accounts. subject to the approvals, terms and conditions applicable to the customer`s third-party accounts. Swell reserves the right to modify or terminate such integrations from time to time by prior written notice to Customer. Customer acknowledges and agrees that (a) when accessing such Third Party Accounts, Customer will at all times comply with the terms of applicable agreements with such third parties governing Customer`s access to and use of such Third Party Accounts, (b) Customer will not access or attempt to access such Third Party Accounts except through Customer`s current valid Account Credentials; (c) Customer shall indemnify and hold Swell harmless from any liability arising out of Customer`s access to or use of its Third Party Accounts through the Services and any activity on Customer`s third party accounts, and (d) Customer may be required to agree to additional or different terms in order to have access to (or continue to have access to) its Third Party Accounts through the Services. Customer acknowledges and agrees that Swell does not provide any products and services, gives no warranties, and assumes no responsibility for products and services provided by third parties through Customer`s third-party accounts accessible through the Services. In addition, Customer acknowledges and agrees that Customer Content may be transferred to and from third parties, including to and from Customer`s third-party accounts. 11.3. Assignment. Any attempted assignment that is not made in accordance with this Section 11.3 will be null and void. Subject to the foregoing, this Agreement is binding on the parties and their successors and permitted assigns and their respective assigns.

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