Common use of Arrangements for Offset of Advance Payment Clause in Contracts

Arrangements for Offset of Advance Payment. 1.2.1. Prior to the date of this Agreement. i.e. by December 31, 2012, pursuant to the Original Contract signed by the Buyer and the Seller, the balance of the advance payment for silicon wafers made by the Buyer to the Seller that is yet to be offset is RMB [****]† (RMB [****]†). Starting from January 2013, a monthly amount of RMB [****]† (RMB [****]†) shall be offset against the purchase prices payable for the monthly purchase quantity of the current month until the advance payment is offset to zero. 1.2.2. The monthly offset from the advance payment shall be conditional upon the Buyer’s completion of the purchase quantity for such month as agreed in this Agreement and payment of the price for such order within the agreed timeframe (Note: for the purpose of monthly offset from the advance payment, the parties confirm that ‘the payment of the price” as mentioned in the last sentence shall refer that the Buyer completes the payment equaling “the purchase price for the current month minus the amount to be offset from the advance payment for the current month” within the agreed timeframe). † This portion of the Supplementary Agreement (19) to Polysilicon Supply Agreement has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934. 1.2.3. If the purchase quantity of any month is lower than 7 million pieces, or if the purchase price for the monthly order is not paid in full, then no offset can be made from the advance payment for such month. Notwithstanding the foregoing provisions, in case that the annual quantity of silicon wafers purchased by the Buyer throughout 2013 reaches the total delivery quantity of 600MW (i.e. 150 million pieces, including the quantity of silicon wafers purchased in January 2013, but excluding the quantity of cells purchased from third parties), and that the Buyer has no payment outstanding to the Seller and overdue for more than 30 days, the Seller shall allow the Buyer to offset the purchase prices from the full amount of advance payment for 2013, i.e. RMB [****]† (RMB [****]†) in total.

Arrangements for Offset of Advance Payment. 1.2.1. 1.3.1 Prior to the date of this Agreement. , i.e. by December 31, 20122014, pursuant to the Original Contract signed by the Buyer and the Seller, the balance of the advance payment for silicon wafers made by the Buyer to the Seller that is yet to be offset is RMB [****]† RMB[****]† (RMB [****]†RMB[****]†). Starting from January 20132015, a monthly amount of RMB [****]† RMB[****]† (RMB [****]†RMB[****]†) shall be offset against the purchase prices payable for the monthly purchase quantity of the current month until the advance payment is offset to zero. 1.2.2. 1.3.2 The monthly offset from the advance payment shall be conditional upon the Buyer’s completion of the purchase quantity of 18 million pieces of silicon wafers ( the “Threshold Purchase Quantity for such month as agreed in this Agreement Offsetting from the Advancement Payment”) and payment of the price for such order within the agreed timeframe (Note: for the purpose of monthly offset from the advance payment, the parties confirm that ‘the payment of the price” as mentioned in the last sentence shall refer that the Buyer completes the payment equaling “the purchase price for the current month minus the amount to be offset from the advance payment for the current month” within the agreed timeframe). † This portion of the Supplementary Agreement (19) to Polysilicon Supply Agreement has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934. 1.2.3. 1.3.3 If the purchase quantity of any month is lower than 7 18 million pieces, or if the purchase price for the monthly order is not paid in full, then no offset can be made from the advance payment for such month. Notwithstanding the foregoing provisions, in case that the annual aggregate quantity of silicon wafers purchased by the Buyer throughout 2013 as of a certain month in 2015 reaches the total delivery Threshold Purchase Quantity for Offsetting from the Advancement Payment accumulated as of such month due to the increase of purchase quantity of 600MW (i.e. 150 million piecesin any previous month in 2015, including the quantity of silicon wafers purchased in January 2013, but excluding the quantity of cells purchased from third parties), and that then the Buyer has no shall be deemed to have satisfied the conditions for offsetting from the advance payment outstanding to for the Seller time period as of such month and overdue for more than 30 days, the Seller shall allow the Buyer be entitled to offset the purchase prices as of such month in full from the full advance payment. If the Buyer has met the requirements on purchase quantities as set out in Clause 1.1.1 and Clause 1.2.1 by the end of 2015, then the total amount of to be offset from the advance payment in 2015 under such circumstance shall be RMB[****]† (RMB[****]†). To further specify the provisions of this clause, an example is set out as below: If the Buyer only purchases 10 million pieces in January 2015, then the Buyer will not be allowed to offset the purchase price from the advance payment; but if the Buyer purchases 26 million pieces in February 2015, making the aggregate purchase amount for 2013January and February reach 36 million pieces and satisfying the Threshold Purchase Quantity for Offsetting from the Advancement Payment for two months, i.e. RMB [****]† (RMB [****]†) then the Buyer will be entitled to offset the purchase prices for January and February from the advance payment in totalFebruary, and so on.

Arrangements for Offset of Advance Payment. 1.2.1. Prior to the date of this Agreement. i.e. by December 31, 2012, pursuant to the Original Contract signed by the Buyer Party A and the SellerParty B, the balance of the advance payment for silicon wafers made by the Buyer Party A to the Seller Party B that is yet to be offset is RMB [****]† (RMB [****]†). Starting from January 2013, a monthly amount of RMB [****]† (RMB [****]†) shall be offset against the purchase prices payable for the monthly purchase quantity of the current month until the advance payment is offset to zero. 1.2.2. The monthly offset from the advance payment shall be conditional upon the BuyerParty A’s completion of the purchase quantity for such month as agreed in this Agreement and payment of the price for such order within the agreed timeframe (Note: for the purpose of monthly offset from the advance payment, the both parties confirm that ‘the payment of the price” as mentioned in the last sentence shall refer that the Buyer Party A completes the payment equaling “the purchase price for the current month minus the amount to be offset from the advance payment for the current month” within the agreed timeframe). † This portion of the Supplementary Agreement (19) to Polysilicon Supply Agreement has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934. 1.2.3. If the purchase quantity of any month is lower than 7 million piecesthe delivery quantity as provided in the Annual Purchase Schedule in Clause 1.1.1, or if the purchase price for the monthly order such month is not paid in full, then no offset can be made from the advance payment for such month. Notwithstanding the foregoing provisions, in case that the annual quantity of silicon wafers purchased by the Buyer Party A throughout 2013 reaches the total delivery quantity of 600MW 1500 tons (i.e. 150 million pieces, including the quantity of silicon wafers purchased in January and February 2013, but excluding the quantity of cells purchased from third parties), and that the Buyer Party A has no payment outstanding to the Seller Party B and overdue for more than 30 days, the Seller Party B shall allow the Buyer Party A to offset the purchase prices from the full amount of advance payment for 2013, i.e. RMB [****]† (RMB [****]†) in total.

Arrangements for Offset of Advance Payment. 1.2.1. Prior to the date of this Agreement. i.e. by December 31, 20122013, pursuant to the Original Contract signed by the Buyer Party A and the SellerParty B, the balance of the advance payment for silicon wafers made by the Buyer Party A to the Seller Party B that is yet to be offset is RMB [****]† (RMB [****]†). Starting from January 20132014, a monthly amount of RMB [****]† (RMB [****]†) shall be offset against the purchase prices payable for the monthly purchase quantity of the current month until the advance payment is offset to zero. 1.2.2. The monthly offset from the advance payment shall be conditional upon the BuyerParty A’s completion of the purchase quantity for such month as agreed in this Agreement and payment of the price for such order within the agreed timeframe (Note: for the purpose of monthly offset from the advance payment, the both parties confirm that ‘the payment of the price” as mentioned in the last sentence shall refer that the Buyer Party A completes the payment equaling “the purchase price for the current month minus the amount to be offset from the advance payment for the current month” within the agreed timeframe). † This portion of the Supplementary Agreement (19) to Polysilicon Supply Agreement has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934. 1.2.3. If the purchase quantity of any month is lower than 7 million piecesthe delivery quantity as provided in the Annual Purchase Schedule in Clause 1.1.1, or if the purchase price for the monthly order such month is not paid in full, then no offset can be made from the advance payment for such month. Notwithstanding the foregoing provisions, if Party A increases its purchase quantity in case any month of 2014, making the aggregate purchase quantity by such month meet the aggregate purchase quantity as provided in Clause 1.1.1 of this Contract for the same period, Party A shall be deemed to meet the purchase quantity by that month and is entitled to offset the full amount with the advance payment by such month. If the annual quantity of silicon wafers purchased by the Buyer Party A throughout 2013 2014 reaches the total delivery quantity of 600MW (i.e. 150 million piecesas provided in the Annual Purchase Schedule in Clause 1.1.1, including the quantity of silicon wafers purchased in January 2013, but excluding the quantity of cells purchased from third parties), and that the Buyer has no payment outstanding to the Seller and overdue for more than 30 days, the Seller Party B shall allow the Buyer Party A to offset the purchase prices from the full amount of advance payment for 20132014, i.e. RMB [****]† (RMB [****]†) in total. To further specify the provisions of this clause, an example is set out as below: If Party A only purchases 40 tons in January 2014, then Party A will not be allowed to offset the purchase price with the advance payment; but if Party A purchases 120 tons in February 2014, making the aggregate purchase amount for January and February reach 160 tons and satisfying the threshold purchase quantity for two months, then Party A will be entitled to offset the purchase prices for January and February with the advance payment in February, and so on.

Arrangements for Offset of Advance Payment. 1.2.1. 1.3.1 Prior to the date of this Agreement. , i.e. by December 31, 20122013, pursuant to the Original Contract signed by the Buyer and the Seller, the balance of the advance payment for silicon wafers made by the Buyer to the Seller that is yet to be offset is RMB [****]† (RMB [****]†). Starting from January 20132014, a monthly amount of RMB [****]† (RMB [****]†) shall be offset against the purchase prices payable for the monthly purchase quantity of the current month until the advance payment is offset to zero. 1.2.2. 1.3.2 The monthly offset from the advance payment shall be conditional upon the Buyer’s completion of the purchase quantity of 18 million pieces of silicon wafers ( the “Threshold Purchase Quantity for such month as agreed in this Agreement Offsetting from the Advancement Payment”) and payment of the price for such order within the agreed timeframe (Note: for the purpose of monthly offset from the advance payment, the parties confirm that ‘the payment of the price” as mentioned in the last sentence shall refer that the Buyer completes the payment equaling “the purchase price for the current month minus the amount to be offset from the advance payment for the current month” within the agreed timeframe). † This portion of the Supplementary Agreement (1921) to Polysilicon Supply Agreement Contract has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Exchange Act of 1934. 1.2.3. 1.3.3 If the purchase quantity of any month is lower than 7 18 million pieces, or if the purchase price for the monthly order is not paid in full, then no offset can be made from the advance payment for such month. Notwithstanding the foregoing provisions, in case that the annual aggregate quantity of silicon wafers purchased by the Buyer throughout 2013 as of a certain month in 2014 reaches the total delivery Threshold Purchase Quantity for Offsetting from the Advancement Payment accumulated as of such month due to the increase of purchase quantity of 600MW (i.e. 150 million piecesin any previous month in 2014, including the quantity of silicon wafers purchased in January 2013, but excluding the quantity of cells purchased from third parties), and that then the Buyer has no shall be deemed to have satisfied the conditions for offsetting from the advance payment outstanding to for the Seller time period as of such month and overdue for more than 30 days, the Seller shall allow the Buyer be entitled to offset the purchase prices as of such month in full from the full advance payment. If the Buyer has met the requirements on purchase quantities as set out in Clause 1.1.1 and Clause 1.2.1 by the end of 2014, then the total amount of to be offset from the advance payment for 2013, i.e. in 2014 under such circumstance shall be RMB [****]† (RMB [****]†) ). To further specify the provisions of this clause, an example is set out as below: If the Buyer only purchases 10 million pieces in totalJanuary 2014, then the Buyer will not be allowed to offset the purchase price from the advance payment; but if the Buyer purchases 26 million pieces in February 2014, making the aggregate purchase amount for January and February reach 36 million pieces and satisfying the Threshold Purchase Quantity for Offsetting from the Advancement Payment for two months, then the Buyer will be entitled to offset the purchase prices for January and February from the advance payment in February, and so on.