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Amended and Restated Engineering and Construction Agreement

Duke Energy Corp

AMENDED AND RESTATED ENGINEERING AND CONSTRUCTION AGREEMENT Amended and Restated Engineering and Construction Agreement FOIA CONFIDENTIAL TREATMENT REQUESTED PORTIONS OF THIS MARKED BY *** HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION FIRST AMENDED AND RESTATED ENGINEERING AND CONSTRUCTION AGREEMENT between DUKE ENER

ELECTRIC & OTHER SERVICES COMBINED

Engineering, Procurement and Construction Agreement, dated as of May 5, 2008

Duke Energy Corp

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT, DATED AS OF MAY 5, 2008 Engineering, Procurement and Construction Agreement, dated as of May 5, 2008 PORTIONS OF THIS MARKED BY * * * HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION FOIA CONFIDENTIAL TREATMENT REQUESTED Final Execution ENGINEERING AND CONSTRUCTION AG

ELECTRIC & OTHER SERVICES COMBINED

Amended and Restated Engineering, Procurement and Construction Agreement

Duke Energy Corp

AMENDED AND RESTATED ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT Amended and Restated Engineering, Procurement and Construction Agreement PORTIONS OF THIS MARKED BY (“***”) HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION FINAL FIRST AMENDED AND RESTATED ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and

ELECTRIC & OTHER SERVICES COMBINED

Engineering, Procurement and Construction Agreement

Duke Energy Corp

ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT Engineering, Procurement and Construction Agreement PORTIONS OF THIS MARKED BY *** HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION FOIA CONFIDENTIAL TREATMENT REQUESTED ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT by and between DUKE ENERGY CAROLINAS, LLC, as O

ELECTRIC & OTHER SERVICES COMBINED

Amended and Restated Engineering and Construction Agreement

Duke Energy Corp

AMENDED AND RESTATED ENGINEERING AND CONSTRUCTION AGREEMENT Amended and Restated Engineering and Construction Agreement FOIA CONFIDENTIAL TREATMENT REQUESTED PORTIONS OF THIS MARKED BY *** HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION ENGINEERING AND CONSTRUCTION AGREEMENT between DUKE ENERGY CAROLINAS, LLC, as Owner

SPECIAL INDUSTRY MACHINERY, NEC

CONSTRUCTION AGREEMENT (LIVERMORE/PARCEL

Lam Research Corp

exv10w142 CONSTRUCTION AGREEMENT (LIVERMORE/PARCEL 7) BETWEEN LAM RESEARCH CORPORATION (“LRC”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) December 18, 2007 TABLE OF CONTENTS Page ENGAGEMENT AND AUTHORIZATION 1 GENERAL TERMS AND CONDITIONS 2 1 Additional definitions 2 “ 97-10/Meltdown Event ” 2 “ 97-10/Prepayment ” 2 “ 97-10/Project Costs ” 3 “ 97-10/Pronouncement ” 4 “ Accrued Construction Pe

SPECIAL INDUSTRY MACHINERY, NEC

CONSTRUCTION AGREEMENT (LIVERMORE/PARCEL

Lam Research Corp

exv10w137 CONSTRUCTION AGREEMENT (LIVERMORE/PARCEL 6) BETWEEN LAM RESEARCH CORPORATION (“LRC”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) December 18, 2007 TABLE OF CONTENTS Page ENGAGEMENT AND AUTHORIZATION 1 GENERAL TERMS AND CONDITIONS 2 1 Additional definitions 2 “ 97-10/Meltdown Event ” 2 “ 97-10/Prepayment ” 2 “ 97-10/Project Costs ” 3 “ 97-10/Pronouncement ” 4 “ Accrued Construction Pe

COMPUTER STORAGE DEVICES

CONSTRUCTION AGREEMENT (BUILDING 9)

Netapp, Inc.

exv10w75 CONSTRUCTION AGREEMENT (BUILDING 9) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) February 1, 2008 TABLE OF CONTENTS Page ENGAGEMENT AND AUTHORIZATION 1 GENERAL TERMS AND CONDITIONS 2 1 Additional definitions 2 “97-10/Maximum Permitted Prepayment” 2 “97-10/Meltdown Event” 2 “97-10/Prepayment” 3 “97-10/Project Costs” 3 “97-10/Pronouncement” 4 “NAI’

COMPUTER STORAGE DEVICES

AMENDED AND RESTATED CONSTRUCTION AGREEMENT

Netapp, Inc.

exv10w51 AMENDED AND RESTATED CONSTRUCTION AGREEMENT (RTP DATA CENTER) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007 TABLE OF CONTENTS Page ENGAGEMENT AND AUTHORIZATION 1 GENERAL TERMS AND CONDITIONS 2 1 Additional definitions 2 “ 97-10/Maximum Permitted Prepayment ” 2 “ 97-10/Meltdown Event ” 2 “ 97-10/Prepayment ” 3 “ 97-10/Project Cost

COMPUTER STORAGE DEVICES

AMENDED AND RESTATED CONSTRUCTION AGREEMENT

Netapp, Inc.

exv10w40 AMENDED AND RESTATED CONSTRUCTION AGREEMENT (BUILDING 8) BETWEEN NETWORK APPLIANCE, INC. (“NAI”) AND BNP PARIBAS LEASING CORPORATION (“BNPPLC”) November 29, 2007 TABLE OF CONTENTS Page ENGAGEMENT AND AUTHORIZATION 1 GENERAL TERMS AND CONDITIONS 2 1 Additional definitions 2 “ 97-10/Maximum Permitted Prepayment ” 2 “ 97-10/Meltdown Event ” 2 “ 97-10/Prepayment ” 3 “ 97-10/Project Costs ” 3