Common use of November 2004 Clause in Contracts

November 2004. Confidential Treatment Requested -------------------------------- Confidential Material in this document has been redacted and ------------------------------------------------------------ filed separately with the Commission. ------------------------------------- ---------------- [*****]Confidential Material redacted and filed separately with the Commission. DISCLAIMER IMPORTANT NOTICE TO RECIPIENTS OF THIS CONFIDENTIAL BUSINESS PLAN This Confidential Business Plan (the "Business Plan 2004") and its contents are the property of Shenzhen BAK Battery Co., Ltd ("BAK"). By accepting delivery of this Business Plan 2004, the recipient agrees to return this Business Plan 2004 and all related documents, if any, to BAK, upon request. The recipient agrees that neither it nor its agents, representatives, directors, or employees will copy, reproduce, or distribute this Business Plan, in whole or in part. The recipient agrees not to disclose the contents of this Business Plan 2004 to any party other than the recipient's business or tax advisors, for investment consideration only. Information contained in this Business Plan 2004 has been obtained from BAK, and from other sources deemed reliable, as of the date of its publishing, but no representation or warranty is made as to its accuracy or completeness. No person has been authorized in connection with this Business Plan 2004 to give any information or to make any representations other than those contained herein and, if given or made, must not be relied upon as having been authorized. Only those representations and warranties, which may be made by BAK, in a definitive written agreement, when and if one is executed, will have any legal effect. This Business Plan 2004 contains forward-looking statements concerning plans, intentions, strategies, expectations, predictions, financial projections and beliefs of BAK, in regard to future activities and results of operations and other future events or conditions. Actual results, events, or conditions could differ materially from those projected by BAK, due to a variety of factors, some of which are beyond the control of BAK. BAK disclaims any obligations to update any such factors or to publicly announce the results of any revisions to any of the forward-looking statements contained herein to reflect future results, events or developments. This Business Plan 2004 is not, and should not be construed as, an offer to sell or a solicitation of an offer to buy securities of BAK and is for information purposes only. -------------------------------------------------------------------------------- Table of Contents