Revised Energy and Capacity Charges of the Power Pool Agreement and Joint Power Supply Agreement

BD and Buyer are parties to a Supply Agreement dated April 1, 2021 (the “Agreement”).

The governing law of this Agreement will be as set forth in the Supply Agreement.

“Banking Services” means each and any of the following bank, payment and treasury services provided to any Loan Party or any Subsidiary: # credit cards for commercial customers (including, without limitation, “commercial credit cards” and purchasing cards) or for corporate purposes, # stored value cards, # treasury management services (including, without limitation, controlled disbursement, automated clearinghouse transactions and other payment processing services, return items, overdrafts and interstate depository network services), # documentary services and foreign currency exchange services, # supply chain finance and payables finance and # any arrangement or services similar to, or for the purpose of effectuating, any of the foregoing.

License and Supply Agreement that survive termination as provided in Section 5 (Survival) of this Agreement or # a breach of this Agreement by ARS. The Recordati Releasors agree that they will # forbear from exercising any rights or remedies against any ARS Releasee in respect of any or all Actions or Liabilities in connection with the License and Supply Agreement and # not commence any lawsuit or bring any legal or equitable action against any ARS Releasee in respect of any or all Actions or Liabilities in connection with the License and Supply Agreement; in each case, except to the extent arising after the Termination Agreement Effective Date from # an ARS Releasee’s violation of its obligations under the License and Supply Agreement that survive termination as provided in Section 5 (Survival) of this Agreement or # a breach of this Agreement by ARS.

If, after the commencement of a Supply Interruption for which TRIS has not provided to AYTU a Supply Resumption Notice within six (6) months of AYTU’s declaration of a Supply Interruption (pursuant to Section 5.7(b)), AYTU is unable to engage an alternate Third Party supplier to begin supplying a Competing Product to AYTU within six (6) months after AYTU’s declaration of a Supply Interruption (pursuant to Section 5.7(b)), AYTU may terminate this Agreement by written notice to TRIS.

Supplement No. 2 to Joint Power Supply Agreement dated February 4, 1992.

Amendment No. 1 to Joint Power Supply Agreement dated August 27, 1976.

The Supply Agreement is hereby amended by adding the following new Section

THIS AMENDMENT TO THE SUPPLY AGREEMENT (this Amendment ) is made as of March