Common use of Form of TC Clause in Contracts

Form of TC. The TC for the Longhorn Temple Green Data Center Site shall be strictly in the form attached as Exhibit A hereto (the “Longhorn Temple Green Data Center Site TC”). Except with respect to the execution date, the Monthly Fixed Price Volume Schedule, and the Fixed Supply Price, which will be provided by Supplier prior to TC execution, neither party may modify the form or any terms of the Longhorn Temple Green Data Center Site TC without the prior written consent or written agreement of both parties to this Agreement. So long as Supplier has provided to Customer the Fixed Supply Price no less than two weeks prior to [***] by providing Customer with supporting documentation reasonably sufficient to enable Customer to verify the Fixed Supply Price, and provided that neither party is in material default of any of its obligations to the other party under the Lease or this Master Agreement, the parties shall enter into the Longhorn Temple Green Data Center Site TC on or before [***]. This transaction confirmation (this “TC”) is entered into pursuant to and in accordance with a Master Retail Electricity Supply Agreement by and between NetZero Energy LLC (“Supplier”) and Rhodium Renewables LLC (“Customer”) executed on August 31, 2021 (the “Master Agreement”). This TC shall be subject to, and incorporate, the terms and conditions of such Master Agreement and incorporate the definitions and provisions of the Datacenter Lease entered into by and between Temple Green Data LLC as Landlord and Customer as Tenant on the date hereof (the “Lease”). Notwithstanding anything to the contrary, any conflict between the Master Agreement or the Lease, this TC will govern and will be resolved in favor of this TC, but only with respect to the Account listed in the account schedule to this TC (“Account Schedule”). This TC supersedes all prior agreements and understandings with respect to the Account and may not be contradicted by any prior or contemporaneous oral or written agreement. Capitalized terms used herein but not defined will have the meanings ascribed to them in the Master Agreement.