Fluence Stands by its Work on the Diablo Plant, and Will Vigorously Pursue the Payments it is Owed for its Work and Dispute the Allegations in the Counterclaim Filed by the Operator of the Plant
20 Diciembre 2023 - 3:25PM
Fluence Energy, Inc. (“Fluence”) (NASDAQ: FLNC), a leading global
provider of energy storage products and services, and optimization
software for renewables and storage, became aware of an article
published today by Energy Storage News reporting that Fluence is
the defendant in a counterclaim relating to its contract with
Diablo Energy Storage, LLC. This information was disclosed in our
recent Annual Report on Form 10–K for the fiscal year ended
September 30, 2023 filed on November 29, 2023 with the Securities
and Exchange Commission (the “SEC”).
The article only focuses on the counterclaim
which was filed in reaction to Fluence’s original claim against
Diablo Energy Storage, LLC (“Diablo”), even mentioning the law firm
which filed it. Fluence’s original claim was for Diablo’s failure
to comply with the terms of their contract, including payment of
the remaining balance owed to Fluence and for other related
damages. Instead of discussing Fluence’s position, set forth in its
complaint, the article focused on the counterclaim.
Fluence is pleased with the work it accomplished
on the Diablo Plant, which is the subject of the complaint, and it
wants and expects to be paid for its work. Fluence believes the
counterclaim is without merit, and Fluence will vigorously pursue
its affirmative claims as well as defend against the claims by the
defendant Diablo Energy Storage, LLC.
Additional details are available in Fluence’s
Annual Report on Form 10-K for the fiscal year ended September 30,
2023 filed on November 29, 2023 with the Securities and Exchange
Commission and available on the company’s website. There have been
no material developments in the litigation since the filing of the
10-K.
About Fluence
Fluence Energy, Inc. (Nasdaq: FLNC) is a global
market leader in energy storage products and services, and
optimization software for renewables and storage. With a presence
in 47 markets globally, Fluence provides an ecosystem of offerings
to drive the clean energy transition, including modular, scalable
energy storage products, comprehensive service offerings, and the
Fluence IQ Platform, which delivers AI-enabled SaaS products for
managing and optimizing renewables and storage from any provider.
The Company is transforming the way we power our world by helping
customers create more resilient and sustainable electric grids.
For more information, visit our website, or
follow us on LinkedIn or Twitter. To stay up to date on the latest
industry insights, sign up for Fluence's Full Potential Blog.
Forward-Looking Statements
The statements described herein that are not
historical facts are forward-looking statements within the meaning
of Section 27A of the Securities Act of 1933, as amended, Section
21E of the Securities Exchange Act of 1934, as amended, and the
Private Securities Litigation Reform Act of 1995. These
forward-looking statements include, without limitation, Fluence’s
plans regarding such active litigation matters. Such statements can
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press release are based on our current expectations and beliefs
concerning future developments, as well as a number of assumptions
concerning future events, and their potential effects on our
business. These forward-looking statements are not guarantees of
performance, and there can be no assurance that future developments
affecting our business will be those that we have anticipated.
These forward-looking statements involve a number of risks,
uncertainties (some of which are beyond our control) or other
assumptions that may cause actual results or performance to be
materially different from those expressed or implied by these
forward-looking statements, which include, but are not limited to,
such factors set forth under Item 1A.“Risk Factors” in our Annual
Report on Form 10-K for the fiscal year ended September 30, 2023,
filed with the SEC on November 29, 2023, and in other filings we
make with the SEC from time to time. New risks and uncertainties
emerge from time to time and it is not possible for us to predict
all such risk factors, nor can we assess the effect of all such
risk factors on our business or the extent to which any factor or
combination of factors may cause actual results to differ
materially from those contained in any forward-looking statements.
Should one or more of these risks or uncertainties materialize, or
should any of the assumptions prove incorrect, actual results may
vary in material respects from those projected in these
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publicly update or revise any forward-looking statements to reflect
events or circumstances that occur, or which we become aware of,
after the date hereof, except as otherwise may be required by
law.
Media ContactShayla Ebsen, Director of
CommunicationsEmail: media.na@fluenceenergy.comPhone: +1 (605)
645-7486
Analyst ContactLexington May, Vice President
Finance & Investor
RelationsEmail: investorrelations@fluenceenergy.comPhone: +1
(713) 909-5629
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