Extract to table

a Delaware corporation and a wholly owned subsidiary of Buyer ("Merger Sub"), and Solara Digital Infrastructure Fund VI LP, a Delaware limited partnership ("Target"), entered into that certain Agreement and Plan of Merger, dated as of January 22, 2024 (as the same may be amended, supplemented, or otherwise modified from time to time in accordance with its terms, the "Merger Agreement"), pursuant to which Merger Sub merged with and into Target, with Target surviving as a wholly owned subsidiary of Buyer (the "Merger"); WHEREAS, in connection with and following the consummation of the Merger, the Parties have agreed to enter into this Agreement to facilitate an orderly transition of certain business operations, information technology systems, and administrative and operational support functions, and to ensure continuity of essential services during the transition period following the closing of the Merger; WHEREAS, this Agreement is being entered into pursuant to and in connection with Section [__] of the Merger Agreement, which contemplates the execution and delivery of a transition services agreement in substantially the form attached as an exhibit thereto; and WHEREAS, certain of the Transition Services (as defined below) may be provided by or through qualified third-party subcontractors, and the Parties acknowledge and agree that the engagement of such subcontractors shall be subject to the terms and conditions of this Agreement

1 — Defined Terms Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Merger Agreement

This definition is intended to be consistent with the definition of "Business Day" set forth in the Merger Agreement, and to the extent of any conflict between this definition and the definition in the Merger Agreement, the definition in the Merger Agreement shall control

"Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected Party, including: acts of God; floods, earthquakes, hurricanes, tornados, and other natural disasters; epidemics, pandemics, or quarantine restrictions; war (whether declared or undeclared), armed conflict, military action, invasion, or insurrection; acts of terrorism, sabotage, or piracy; riots, civil unrest, or civil commotion; strikes, lockouts, or other labor disputes (other than those involving the affected Party's own employees, unless such labor dispute is industry-wide); embargoes, sanctions, or blockades; fire or explosion; power outages or failures of telecommunications or information technology infrastructure not caused by the affected Party; and any action, regulation, order, or decree of any Governmental Authority (including the imposition of export controls, import restrictions, or other governmental restrictions or requirements); provided, however, that (x) the unavailability of funds, general economic conditions, changes in market conditions, or the financial condition of a Party shall not constitute a Force Majeure Event and (y) the failure to obtain any required third-party consent shall not constitute a Force Majeure Event except to the extent such failure results from a Force Majeure Event otherwise described in this definition

2 — Interpretation The following rules of interpretation shall apply to this Agreement: (a) The headings, captions, and titles of the Articles, Sections, and Schedules of this Agreement are inserted for convenience of reference only and shall not affect the meaning, interpretation, or construction of this Agreement

(b) Words importing the singular number shall include the plural and vice versa, and words importing any gender shall include all genders