Common use of Amendment to Supply Agreement Clause in Contracts

Amendment to Supply Agreement. (a) Section 1(d) of the Supply Agreement is amended by adding the following new paragraphs after the last sentence: “Subject to Seller’s continuing ability to meet the agreed to delivery, quality, and technical requirements and notwithstanding any conflicting provision of this Agreement or the GEE Purchase Terms, in calendar year 2013 only, Buyer shall purchase from Seller, and Seller shall be obligated to sell to Buyer, [...***...] sets of Components (or [...***...] wind turbine blades) specified in Buyer’s [...***...] (“2013 Component Orders”) through one or more firm, non-cancellable POs placed with Seller on or before January 10, 2013. At Buyer’s option, it may place additional orders for another [...***...] sets of Components (or [...***...] wind turbine blades) specified in Buyer’s [...***...] (“2013 [...***...] Set Option”) as long as firm, non-cancellable POs for such Components are received by Seller by no later than March 31, 2013. Any further Orders for 2013 beyond the [...***...] Component sets contemplated herein will be negotiated between Buyer and Seller in good faith on a case-by-case basis. The pricing for all such 2013 Component Orders, as well as the 2013 [...***...] Set Option shall be [...***...] RMB, plus VAT, when applicable, as set forth on Appendix 2. Once placed by Buyer and accepted by Seller, all POs for 2013 Component Orders, as well as the 2013 [...***...] Set Option, shall be firm and non-cancellable. For the avoidance of doubt, the parties agree and hereby acknowledge that the required purchase commitments set forth in Sections 1(b) through 1(d), insofar as they relate to Buyer’s obligation to place October Orders, to provide a Volume Guarantee Period, or to purchase a [...***...] of Planned Capacity, shall no longer be in effect for Components produced after production year 2012 and that the terms for 2013 Component Orders and, if applicable, the 2013 [...***...] Set Option as set forth above shall govern any such Orders placed for Components produced in 2013.

Amendment to Supply Agreement. (a) Section 1(d) of the Supply Agreement is amended by adding the following new paragraphs after the last sentence: “Subject to Seller’s continuing ability to meet the agreed to delivery, quality, and technical requirements and notwithstanding any conflicting provision of this Agreement or the GEE Purchase Terms, in calendar year 2013 only, Buyer shall purchase from Seller, and Seller shall be obligated to sell to Buyer, [...***...] fifty (50) sets of Components (or [...***...] one hundred fifty (150) wind turbine blades) specified in Buyer’s [...***...] (“2013 Component Orders”) through one or more firm, non-cancellable POs placed with Seller on or before January 10, 2013. At Buyer’s option, it may place additional orders for another [...***...] fifty (50) sets of Components (or [...***...] one hundred fifty (150) wind turbine blades) specified in Buyer’s [...***...] (“2013 [...***...] 50 Set Option”) as long as firm, non-cancellable POs for such Components are received by Seller by no later than March 31, 2013. Any further Orders for 2013 beyond the [...***...] one hundred (100) Component sets contemplated herein will be negotiated between Buyer and Seller in good faith on a case-by-case basis. The pricing for all such 2013 Component Orders, as well as the 2013 [...***...] 50 Set Option shall be [...***...] RMB, plus VAT, when applicable, as set forth on Appendix 2. Once placed by Buyer and accepted by Seller, all POs for 2013 Component Orders, as well as the 2013 [...***...] 50 Set Option, shall be firm and non-cancellable. For the avoidance of doubt, the parties agree and hereby acknowledge that the required purchase commitments set forth in Sections 1(b) through 1(d), insofar as they relate to Buyer’s obligation to place October Orders, to provide a Volume Guarantee Period, or to purchase a [...***...] minimum number of Components equal to at least 50% of Planned Capacity, shall no longer be in effect for Components produced after production year 2012 and that the terms for 2013 Component Orders and, if applicable, the 2013 [...***...] 50 Set Option as set forth above shall govern any such Orders placed for Components produced in 2013.