Common use of Liquidated Damages Not Penalty Clause in Contracts

Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. Signature: /s/ ZHAN Ketuan Title: Director Signature: /s/ XX Xxxxx Title: Director 1. Products: 1.1. The information (including but not limited to the quantity, rated hashrate, unit price (“Unit Price”), total price for one item (“Total Price (One Item)”), total price for all the items (“Total Purchase Price”) of Products to be purchased by Party B from Party A is as follows (“Products”): 1.1.1 Product Type Type Details Product Name HASH Super Computing Server, S 19j Rated hashrate / unit ~90TH/s Rated power / unit ~3100W J/T@25°C environment temperature ~34.5 > Bitmain undertakes that the error range of “J/T@25°C environment temperature”does not exceed 10% Description > “Rated hashrate / unit” and “rated power / unit” are for reference only and may defer from each batch or unit. BitMain makes no representation on “Rated hashrate / unit” and “rated power / unit . > Purchaser shall not reject the Products on the grounds that the actual parameters of the delivered Products are not in consistence with the reference indicators. 1.1.1.1 Price, quantity and delivery: 1.1.2 Product Type Type Details Product Name HASH Super Computing Server, Sl9j pro Rated hashrate / unit ~100TH/s Rated power / unit ~2950W J/T@25°C environment temperature ~29.5 > Bitmain undertakes that the error range of “J/T@25°C environment temperature”does not exceed 10% Description > “Rated hashrate / unit” and “rated power / unit” are for reference only and may defer from each batch or unit. BitMain makes no representation on “Rated hashrate / unit” and “rated power / unit . > Purchaser shall not reject the Products on the grounds that the actual parameters of the delivered Products are not in consistence with the reference indicators. 1.1.2.1 Price, quantity and delivery: Batch Product Name Shipping Schedule Reference Quantity Total Rated Hashrate (T) Price (US$/T) Unit Price (USS) Total Price (USS) 1 HASH Super Computing Server January 2022 [***] [***] [***] [***] [***] 2 b Feruary 2022 [***] [***] [***] [***] [***] 3 March 2022 [***] [***] [***] [***] [***] 4 April 2022 [***] [***] [***] [***] [***] 5 May 2022 [***] [***] [***] [***] [***] 6 June 2022 [***] [***] [***] [***] [***] 1.1.3 Total price of the Products listed above: Total Purchase Price (tax exclusive): US$[***] Tax: US$[***] Total contract price (tax inclusive): US$[***] 1.2. Both Parties confirm and agree that Bitmain may adjust the total quantity based on the total hashrate provided that the total hashrate of the Product(s) actually delivered by Bitmain to the Purchaser shall not be less than the total rated hashrate agreed in Article 1.1 of this Appendix A. Bitmain makes no representation that the quantity of the actually delivered Products shall be the same as the quantity set forth in Article 1.1. of this Appendix A. 1.3. In the event that Bitmain publishes any new type of products with less J/T value and suspends the production of the type of the Products as agreed in this Agreement, Bitmain shall be entitled to release itself from any future obligation to deliver any subsequent Products by 10-day prior notice to the Purchaser and continue to deliver new types of Products, the total rated hashrate of which shall be no less than such subsequent Products cancelled under this Agreement and the price of which shall be adjusted in accordance with the J/T value. In the event that the Purchaser explicitly refuses to accept new types of Products, the Purchaser is entitled to request for a refund of the remaining balance of the purchase price already paid by the Purchaser together with an interest at 0.0333% per day on such balance for the period from the next day following the payment date of such balance to the date immediately prior to the date of request of refund. If the Purchaser accepts the new types of Products delivered by Bitmain, Bitmain shall be obliged to deliver such new types of Products to fulfill its obligations under this Agreement. The Purchaser may request to lower the actual total hashrate of the Products delivered but shall not request to increase the actual total hashrate to the level exceeding the total rated hashrate as set out in this Agreement. After Bitmain publishes new types of Products and if Bitmain has not suspended the production of the types of Products under this Agreement, Bitmain shall continue to delivery such agreed types of Products in accordance with this Agreement and the Purchaser shall not terminate this Agreement or refuse to accept the Products on the grounds that Bitmain has published new type(s) of Products. 2. Cargo insurance coverage limitations: Exclusions: 3. Bitmain’s BANK ACCOUNT info: 4. The payment shall be arranged by the Purchaser as Appendix B. 5. Without prejudice to the above, the unit price and the Total Purchase Price of the Product(s) and any amount paid by the Purchaser shall be all denominated in USD. Where the Parties agree that the payments shall be made in cryptocurrencies, the exchange rate between the USD and the cryptocurrency selected shall be determined and calculated as follows: (1) in the event that the Purchaser pays for any order placed on Bitmain’s official website (the “Website”, xxxx://xxx.xxxxxxx.xxx) which is valid and has not been fully paid yet, the exchange rate between the USD and the cryptocurrency fixed in such placed Order shall apply, or (2) in any other case, the real time exchange rate between the USD and the cryptocurrency displayed on the Website upon payment shall apply. The exchange rate between the USD and the cryptocurrency shall be fixed according to this provision. In any circumstance, the Purchaser shall not ask for any refund due to the change of exchange rate. 1. S19j Payment Percentage Payment Date Note Example (Assuming this Agreement is signed on July 30.) 20% 7 days within the signing date 20% of the Total Purchase Price for S 19j 20% of the Total Purchase Price for S19j shall be paid by August 9. 30% 6 months prior to the shipment 30% per month of a single batch 30% of the price for Nov/Dec/Jan batch shall be paid by August 9; 30% of the price for Feb batch shall be paid by Aug 30; etc. Remaining 50% 1 month prior to the shipment 50% per month of a single batch 50% of the price for November batch shall be paid by September 30; 50% of the price for December batch shall be paid by October 30; etc.

Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. Signature: /s/ ZHAN Ketuan Title: Director Signature: /s/ XX Xxxxx Title: Director(The rest part of the page is intentionally left in blank) Each Party represents and warrants that its signatory whose signature appears below has been and is on the date of this Agreement duly authorized by all necessary corporate or other appropriate action to execute this Agreement. Signed for and on behalf of ___________ _________________________________ Signature _____________ Name _______________ Title _________________ Signed for and on behalf of the Purchaser Signature _____________ Name _______________ Title _________________ 1. Products: 1.1. The information (including but not limited to the quantity, rated hashrate, unit price (“Unit Price”), total price for one item (“Total Price (One Item)”), total price for all the items (“Total Purchase Price”) of Products to be purchased by Party B the Purchaser from Party A ___________ is as follows (“Products”): 1.1.1 Product Type Type Details Product Name HASH Super Computing Server, S 19j Rated hashrate / unit ~90TH/s Rated power / unit ~3100W J/T@25°C ℃ environment temperature ~34.5 > Bitmain undertakes that the error range of “J/T@25°C environment temperature”does not exceed 10% Description > “Rated hashrate / unit” and “rated power / unit” are for reference only and may defer from each batch or unit. BitMain makes no representation on “Rated hashrate / unit” and “rated power / unit . > Purchaser shall not reject the Products on the grounds that the actual parameters of the delivered Products are not in consistence with the reference indicators. 1.1.1.1 Price, quantity and delivery:Description 1.1.2 Product Type Type Details Product Name HASH Super Computing Server, Sl9j pro Rated hashrate / unit ~100TH/s Rated power / unit ~2950W J/T@25°C environment temperature ~29.5 > Bitmain undertakes that the error range of “J/T@25°C environment temperature”does not exceed 10% Description > “Rated hashrate / unit” and “rated power / unit” are for reference only and may defer from each batch or unit. BitMain makes no representation on “Rated hashrate / unit” and “rated power / unit . > Purchaser shall not reject the Products on the grounds that the actual parameters of the delivered Products are not in consistence with the reference indicators. 1.1.2.1 Price, quantity and delivery: Batch Product Name Shipping Schedule Reference Quantity Total Rated Hashrate (T) Price (US$/T) Unit Price (USS) Total Price (USS) 1 HASH Super Computing Server January 2022 [***] [***] [***] [***] [***] 2 b Feruary 2022 [***] [***] [***] [***] [***] 3 March 2022 [***] [***] [***] [***] [***] 4 April 2022 [***] [***] [***] [***] [***] 5 May 2022 [***] [***] [***] [***] [***] 6 June 2022 [***] [***] [***] [***] [***]7 8 11 12 1.1.3 Total price of the Products listed above: US$___________ Total Purchase Price Price: US $___________ 1.1.4 shall arrange for shipping of the Product(s) to the place of delivery designated by the Purchaser within seven (tax exclusive): US$[***] Tax: US$[***] Total contract price (tax inclusive): US$[***]7) business days of receipt of Product(s) from its supplier. 1.2. Both Parties confirm and agree that, if and to the extent that Bitmain ___________’s supplier does not provide Product(s) with sufficient hashrate to ___________, ___________ may adjust the total quantity based on the total hashrate provided that the total hashrate of the Product(s) actually delivered by Bitmain to the Purchaser shall not be less than the total rated hashrate agreed in Article 1.1 of this Appendix A. Bitmain ___________ makes no representation that the quantity of the actually delivered Products shall be the same as the quantity set forth in Article 1.1. of this Appendix A. 1.3. In the event that Bitmain publishes any new type of products with less J/T value and suspends the production of the type of the Products as agreed in this Agreement, Bitmain ___________ shall be entitled to release itself from any future obligation to deliver any subsequent Products by 10-day prior notice to the Purchaser and continue to deliver new types of Products, the total rated hashrate of which shall be no less than such subsequent Products cancelled under this Agreement and the price of which shall be adjusted pro rata in accordance with the J/T value. In the event that the Purchaser explicitly refuses to accept new types of Products, the Purchaser is entitled to request for for, and ___________ shall pay the Purchaser, within ten (10) business days of such request, a refund of the remaining balance of the purchase price already paid by the Purchaser together with an interest at 0.0333% per day on such balance for the period from the next day following the payment date of such balance to the date immediately prior to the date of request of refund. If the Purchaser accepts the new types of Products delivered by Bitmain, Bitmain ___________shall be obliged to deliver such new types of Products to fulfill its obligations under this Agreement. The Purchaser may request to lower the actual total hashrate of the Products delivered but shall not request to increase the actual total hashrate to the level exceeding the total rated hashrate as set out in this Agreement. After Bitmain publishes new types of Products and if Bitmain has not suspended the production of the types of Products under this Agreement, Bitmain ___________ shall continue to delivery such agreed types of Products in accordance with this Agreement and the Purchaser shall not terminate this Agreement or refuse to accept the Products on the grounds that Bitmain has published new type(s) of Products. 2. Cargo insurance coverage limitations: Exclusions: 3. Bitmain’s BANK ACCOUNT info: 4. The payment shall be arranged by the Purchaser as set forth in Appendix B. 53. Without prejudice to the above, the unit price and the Total Purchase Price of the Product(s) and any amount paid by the Purchaser shall be all denominated in USD. Where the Parties agree that the payments shall be made in cryptocurrencies, the exchange rate between the USD and the cryptocurrency selected shall be determined and calculated as follows: (1) in the event that the Purchaser pays for any order placed on Bitmain’s official website (the “Website”, xxxx://xxx.xxxxxxx.xxx) which is valid and has not been fully paid yet, the exchange rate between the USD and the cryptocurrency fixed in such placed Order shall apply, or (2) in any other case, the The real time exchange rate between the USD and the cryptocurrency displayed on the Website Bitmain’s website upon payment shall apply. The exchange rate between the USD and the cryptocurrency shall be fixed according to this provision. In any circumstance, the Purchaser shall not ask for any refund due to the change of exchange rate. 1. S19j Payment Percentage Payment Date Note Example (Assuming this Agreement is signed on July 30.) 20% 7 days within the signing date 20% of the Total Purchase Price for S 19j 20% of the Total Purchase Price for S19j shall be paid by August 9. 30% 6 months prior to the shipment 30% per month of a single batch 30% of the price for Nov/Dec/Jan batch shall be paid by August 9; 30% of the price for Feb batch shall be paid by Aug 30; etc. Remaining 50% 1 month prior to the shipment 50% per month of a single batch 50% of the price for November batch shall be paid by September 30; 50% of the price for December batch shall be paid by October 30; etc.

Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. Signature(The rest part of the page is intentionally left in blank) ​ ​ Signed for and on behalf of Bitmain ​ ​ ​ ​ Bitmain Technologies Limited ​ ​ ​ ​ ​ SignatureTitle ​ ​ ​ ​ ​ ​ Signed for and on behalf of the Purchaser ​ ​ ​ ​ Lake Mariner Data LLC ​ ​ ​ Signature /s/ Xxxx Xxxxxxx ​ Name: /s/ ZHAN Ketuan Xxxx Xxxxxxx ​ Title: Director Signature: /s/ XX Xxxxx Title: DirectorSecretary ​ ​ ​ 1. Products: 1.1. The information (including but not limited to the quantity, rated hashrate, estimated unit price (“Unit Price”), estimated total price for one item (“Total Price (One Item)”), total price for all the items (“Total Purchase Price”) of Products to be purchased by Party B from Party A is as follows (“Products”): 1.1.1 Product 1.1. 1Product Type Type Details ​ Product Name HASH Super Computing Server, S 19j S19XP Rated hashrate / unit ~90TH~140TH/s Rated power / unit ~3100W ~3010W J/T@25°C environment temperature ~34.5 > Bitmain undertakes that the error range of “J/T@25°C environment temperature”does not exceed 10% Description > ~21.5 2. “Rated hashrate / unit” and “rated power / unit” are for reference only and may defer from each batch or unit. BitMain Bitmain makes no representation on “Rated hashrate / unit” and “rated power / unit unit”. 3. > Purchaser shall not reject the Products on the grounds that the actual parameters of the delivered Products are not in consistence with the reference indicators. 1.1.1.1 Price, quantity and delivery: 1.1.2 Product Type Type Details Product Name HASH Super Computing Server, Sl9j pro Rated hashrate / unit ~100TH/s Rated power / unit ~2950W J/T@25°C environment temperature ~29.5 > Bitmain undertakes that the error range of “J/T@25°C environment temperature”does not exceed 10% Description > “Rated hashrate / unit” and “rated power / unit” are for reference only and may defer from each batch or unit. BitMain makes no representation on “Rated hashrate / unit” and “rated power / unit . > Purchaser shall not reject the Products on the grounds that the actual parameters of the delivered Products are not in consistence with the reference indicators. 1.1.2.1 Price, quantity and delivery: Batch Product Name Shipping Schedule Reference Quantity Total Rated Hashrate (T) Price (US$/T) Unit Price (USS) Total Price (USS) 1 HASH Super Computing Server January 2022 [***] [***] [***] [***] [***] 2 b Feruary 2022 [***] [***] [***] [***] [***] 3 March 2022 [***] [***] [***] [***] [***] 4 April 2022 [***] [***] [***] [***] [***] 5 May 2022 [***] [***] [***] [***] [***] 6 June 2022 [***] [***] [***] [***] [***] 1.1.3 Total price of the Products listed above: Total Purchase Price (tax exclusive): US$[***] Tax: US$[***] Total contract price (tax inclusive): US$[***] 1.2. Both Parties confirm and agree that Bitmain may adjust the total quantity based on the total hashrate provided that the total hashrate of the Product(s) actually delivered by Bitmain to the Purchaser shall not be less than the total rated hashrate agreed in Article 1.1 of this Appendix A. Bitmain makes no representation that the quantity of the actually delivered Products shall be the same as the quantity set forth in Article 1.1. of this Appendix A. 1.3. In the event that Bitmain publishes any new type of products with less J/T value and suspends the production of the type of the Products as agreed in this Agreement, Bitmain shall be entitled to release itself from any future obligation to deliver any subsequent Products by 10-day prior notice to the Purchaser and continue to deliver new types of Products, the total rated hashrate of which shall be no less than such subsequent Products cancelled under this Agreement and the price of which shall be adjusted in accordance with the J/T value. In the event that the Purchaser explicitly refuses to accept new types of Products, the Purchaser is entitled to request for a refund of the remaining balance of the purchase price already paid by the Purchaser together with an interest at 0.0333% per day on such balance for the period from the next day following the payment date of such balance to the date immediately prior to the date of request of refund. If the Purchaser accepts the new types of Products delivered by Bitmain, Bitmain shall be obliged to deliver such new types of Products to fulfill its obligations under this Agreement. The Purchaser may request to lower the actual total hashrate of the Products delivered but shall not request to increase the actual total hashrate to the level exceeding the total rated hashrate as set out in this Agreement. After Bitmain publishes new types of Products and if Bitmain has not suspended the production of the types of Products under this Agreement, Bitmain shall continue to delivery such agreed types of Products in accordance with this Agreement and the Purchaser shall not terminate this Agreement or refuse to accept the Products on the grounds that Bitmain has published new type(s) of Products. 2. Cargo insurance coverage limitations: Exclusions: 3. Bitmain’s BANK ACCOUNT info: 4. The payment shall be arranged by the Purchaser as Appendix B. 5. Without prejudice to the above, the unit price and the Total Purchase Price of the Product(s) and any amount paid by the Purchaser shall be all denominated in USD. Where the Parties agree that the payments shall be made in cryptocurrencies, the exchange rate between the USD and the cryptocurrency selected shall be determined and calculated as follows: (1) in the event that the Purchaser pays for any order placed on Bitmain’s official website (the “Website”, xxxx://xxx.xxxxxxx.xxx) which is valid and has not been fully paid yet, the exchange rate between the USD and the cryptocurrency fixed in such placed Order shall apply, or (2) in any other case, the real time exchange rate between the USD and the cryptocurrency displayed on the Website upon payment shall apply. The exchange rate between the USD and the cryptocurrency shall be fixed according to this provision. In any circumstance, the Purchaser shall not ask for any refund due to the change of exchange rate. 1. S19j Payment Percentage Payment Date Note Example (Assuming this Agreement is signed on July 30.) 20% 7 days within the signing date 20% of the Total Purchase Price for S 19j 20% of the Total Purchase Price for S19j shall be paid by August 9. 30% 6 months prior to the shipment 30% per month of a single batch 30% of the price for Nov/Dec/Jan batch shall be paid by August 9; 30% of the price for Feb batch shall be paid by Aug 30; etc. Remaining 50% 1 month prior to the shipment 50% per month of a single batch 50% of the price for November batch shall be paid by September 30; 50% of the price for December batch shall be paid by October 30; etc.