Unassociated Document


    


    


    


    


    


    MONOCRYSTALLINE
SILICON MODULAR 

    LONG
TERM SUPPLY

    SUPPLEMENTAL
AGREEMENT

    


    (English
Translation)

    


    


    


    


    


    


    Entered
by

    


    Tianjin
Huan-ou Semiconductor Technology Inc. Ltd.

    


    And

    


    Perfectenergy
(Shanghai), Co. Ltd.

    


    


    


    Date:
January 21, 2009

     

    
      
         

      

      
         

        
          

        

      

      
         

      

    

     

    
      	
              I.  

            	
              The
      Parties

            


    

    


    Seller:
Tianjin Huan-ou Semiconductor Technology Inc, Ltd. (hereinafter, known as
“Seller”)

    


    Address:
No. 12 E Haitai Rd., Huayuan Chanyeyuan District (Huanwai)

                    Tianjin,
China

    Business
License Number: 120193000006017

    Legal
Representative: Donghu Jin

    


    Buyer:
Perfectenergy (Shanghai), Ltd. (hereinafter, known as “Buyer”)

    


    Address:
No. 479 East Xinzhuang Rd.,

                    Shanghai,
China

    Business
License Number: 310000400431094

    Legal
Representative: Wennan Li

    


    


    
      	
              II.  

            	
              Background

            


    

    


    
      	
              2.1  

            	
              The
      Seller is a manufacturer of semiconducting silicon and solar
      monocrystalline silicon.

            


    

    


    
      	
              2.2  

            	
              The
      Buyer is a manufacturer of solar cell
module.

            


    

    


    
      	
              2.3  

            	
              The
      Parties have entered into a Monocrystalline Silicon Modular Long Term
      Supply Contract in August, 2008 (hereinafter, known as “the Original
      Contract”) to ensure the rights and obligations of the parties in the
      sales and purchases of monocrystalline silicon modular during the agreed
      term of 5 years from the signing date to December 31,
  2013.

            


    

    


    
      	
              2.4  

            	
              The
      global market of polycrystalline silicon and monocrystalline silicon has
      experienced a significant change at the end of 2008. Therefore, the terms
      and conditions under the Original Contract now discord with the long term
      benefit of the Parties.

            


    

    


    


    
      	
              III.  

            	
              Supplemental
      Terms

            


    

    


    
      	
              3.1  

            	
              The
      following supplemental terms are agreed and entered into by and between
      the Parties after negotiation.

            


    

    
      	
              3.2  

            	
              Section
      4.2 and Appendix 4 of the Original Contract are revised as: the price for
      the purchased product shall be negotiated by the Parties based on the
      market price. The agreed price and price floatation limit are no longer
      effective.

            


    

    
      	
              3.3  

            	
              The
      deadline of advance payment in Section 4.3.1 of the Original Contract is
      changed to 4/20/2009.

            


    

    
      	
              3.4  

            	
              The
      Condition B of the conditions of effectiveness under Section 9.1 of the
      Original Contract is revised as: when condition A satisfied, the parties
      agree that the Agreement becomes effective on January 1,
    2009.

            


    

    
      	
              3.5  

            	
              This
      Agreement is a part of Appendix 6: Supplement Agreement and Modification
      of the Original Contract.

            


    

     

    
      
         

      

      
         

        
          

        

      

      
         

      

    

     

    Seller:
Tianjin Huan-ou Semiconductor Technology Inc, Ltd.

    Address:
No. 12 E Haitai Rd., Huayuan Chanyeyuan District (Huanwai), Tianjin,
China

    


    Signature:

    


    Stamp:

    


    Title:

    


    Date:

    


    


    


    


    Buyer:
Perfectenergy (Shanghai), Ltd.

    Address:
No. 479 E Xinzhuang Rd., Shanghai, China 201108

    


    Signature:

    


    Stamp:

    


    Title:

    


    Date: