Common use of Preferred Vendor Clause in Contracts

Preferred Vendor. The quantities of Wafers to be supplied by MEMC hereunder assume that in any Contract Year such amount of Wafers will be approximately [***]% of Conergy’s then current solar wafer demand, and the Yearly Target Quantities of Wafers set forth in Attachment B, as modified by Section 2.2(a), reflect this mutual intention of the parties. In addition, MEMC shall be considered as a preferred vendor and shall have an annual right of first refusal (but not an obligation, unless MEMC would be so obligated pursuant to Section 2.2(a) hereof) to negotiate with Conergy to supply Conergy with additional Wafers, in excess of [***] percent ([***]%) of Conergy’s then current demand for Wafers (such potential amount, the “Additional Wafer Supply”). The price per watt for such Additional Wafer Supply shall be negotiated by the parties. If the parties are unable to reach agreement on price and quantity for such Additional Wafer Supply by May 1 for the ensuing Contract Year commencing on July 1, Conergy may buy such Additional Wafer Supply from other suppliers. Such Additional Wafer Supply, if supplied by MEMC, shall not be added to the Yearly Minimum Quantity for the then current Contract Year or any Contract Year thereafter unless the parties expressly agree.

Preferred Vendor. The quantities of Wafers to be supplied by MEMC hereunder assume that in any Contract Year such amount of Wafers will be approximately [*****]% of ConergyTainergy’s then current solar wafer demand, and the Yearly Target Quantities of Wafers set forth in Attachment B, as modified by Section 2.2(a), reflect this mutual intention of the parties. In addition, MEMC shall be considered as a preferred vendor and shall have an annual right of first refusal (but not an obligation, unless MEMC would be so obligated pursuant to Section 2.2(a) hereof) to negotiate with Conergy Tainergy to supply Conergy Tainergy with additional Wafers, in excess of [*****] percent ([*****]%) of ConergyTainergy’s then current demand for Wafers (such potential amount, the “Additional Wafer Supply”). The price per watt for such Additional Wafer Supply shall be negotiated by the parties. If the parties are unable to reach agreement on price and quantity for such Additional Wafer Supply by May July 1 for the ensuing Contract Year commencing on July September 1, Conergy Tainergy may buy such Additional Wafer Supply from other suppliers. Such Additional Wafer Supply, if supplied by MEMC, shall not be added to the Yearly Minimum Quantity for the then current Contract Year or any Contract Year thereafter unless the parties expressly agree.

Preferred Vendor. The quantities of Wafers to be supplied by MEMC hereunder assume that in any Contract Year such amount of Wafers will be approximately [***]% XXXX]% of ConergyGintech’s then current solar wafer demand, and the Yearly Minimum Quantities and Yearly Target Quantities of Wafers set forth in Attachment B, as modified by Section 2.2(a), reflect this mutual intention of the parties. In addition, MEMC shall be considered as a preferred vendor and shall have an annual right of first refusal (but not an obligation, unless MEMC would be so obligated pursuant to Section 2.2(a) hereof) to negotiate with Conergy Gintech to supply Conergy Gintech with additional Wafers, in excess of [***xxxxxxx] percent ([***]%XXXX]%) of ConergyGintech’s then current demand for Wafers (such potential amount, the “Additional Wafer Supply”). The price per watt for such Additional Wafer Supply shall be negotiated by the parties. If the parties are unable to reach agreement on price and quantity for such Additional Wafer Supply by May November 1 for the ensuing Contract Year commencing on July January 1, Conergy Gintech may buy such Additional Wafer Supply from other suppliers. Such Additional Wafer Supply, if supplied by MEMC, shall not be added to the Yearly Minimum Quantity for the then current Contract Year or any Contract Year thereafter unless the parties expressly agree.