Exhibit 4.28


 


(English Translation)


 


Supplemental Agreement to the Lease
Contract


Lessor: Daqo New Material Co., Ltd. 


Address: Industrial Park of Wanzhou District,
Chongqing


Legal representative: Xu Guangfu


 


Lessee: Chongqing Daqo New Energy Co.,
Ltd. 


Address: (Salt and Gas Chemical Industrial
Park of Wanzhou District, Chongqing) Xianjia Village, Longdu Street, Wanzhou District, Chongqing


Legal representative: Xu Guangfu


 


Given the Lessor and the Lessee had signed
a supplemental agreement to the lease contract taking effect on October 1, 2012, certain matters are agreed therein;


 


In view of the fact that the Lessee has
stopped the production of polycrystalline silicon project, the Lessor and the Lessee have equally negotiated on the issue
of stopping the lease matters in accordance with the Contract Law of the People’s Republic of China
and related laws and regulations and have made the following agreements:


 


Article 1 Effective date of this Contract:
the date for stopping the lease: December 30, 2013.


 


Article 2 The original subject of this
Lease Contract includes the ownership of equipment, land, factory buildings as well as other buildings situated in Wanzhou Chemical
Industry Park (original Salt and Gas Chemical Industrial Park) and the land use right, which are owned or used by the Lessor.,
and are collectively referred to as “Property Right”.


 


Article 3 The machinery equipment and property
and goods and materials whose property right is owned by the Lessee and which are still installed or placed in the Lessor’s
venue shall be co-managed by the Lessor and the Lessee since January 1, 2014 until they are all moved away by the Lessee.


 


Article 4 The original subjects of the
lease shall be cleaned and identified by both parties since December 31, 2013. As for the non-normal wear-and-tear and loss of
goods and materials, the Lessee shall be responsible for damages or restitution.


 


Article 5 When the representatives of the
Lessee and the Lessor begin to check the lease subject, it is necessary to make an itemized registration for the subject that has
been returned and form a registration list, which shall take effect after being signed by both parties.


 


Article 6 Rent and payment


1. The calculation of payment provided
in the original contract shall be stopped since December 31, 2013 and the Lessee shall pay the unpaid rent as soon as possible
unless otherwise agreed by the Lessor and the Lessee.


 






    	 



    	 



    

 


Article 7 Obligations and responsibilities
of both parties


1. Obligations and responsibilities of
the Lessor


(1) The Lessor could not hinder the Lessee
to sort out and transfer the equipment and utilities and other properties and goods and materials whose property rights are owned
by the Lessee after this agreement comes into force.


(2) During the period of co-management
before the goods and materials of the Lessee have been completely moved away from the original lease venue, the Lessor is obliged
to pay the management costs, like security and fire costs, which are necessary for the co-management.


2. Obligations and responsibilities of
the Lessee


(1) The Lessee is obliged to process the
properties and goods and materials, whose property rights belong to the Lessee but are still located in the Lessor’s venue,
as soon as possible after the expiration of the lease term. While processing, the Lessor’s utilities and equipment should
be as intact as possible. And if there are any damages, the Lessee shall be liable for damages or restitution.


(2) During the period of co-management
before the goods and materials of the Lessee have been completely moved away from the original lease venue, the Lessee is obliged
to ensure the safety of the properties and goods and materials of the original tenant, to closely assist the Lessor with the follow-up
work and to meet the relevant requirements of the Lessor.


 


Article 8 Liabilities for breach of contract


1. Lessor’s rights and remedy measures
under the default of the Lessee


If any event of default of the Lessee happens
and continues to exist, the Lessor could take the following remedy measures at any time after the occurrence of the event of default
(without prejudice to any other rights of the Lessor under this Contract).


 


Article 9 The issues not listed herein
shall be resolved by both parties through negotiation.


 


Article 10 This Contract is made in duplicate,
one for each party, and shall come into force after being signed and sealed by both parties.


 


No text below


 




    	 



    	 



    

 


	
        Chongqing Daqo New Energy Co., Ltd.

         

        Common Seal

         

        Authorized Person: /s/ Zhu Wengang

         

        December 31, 2013
	
        Daqo New Material Co., Ltd. 

         

        Common Seal

         

        Authorized Person: /s/ Li Changsheng

         

        December 31, 2013