Common use of Product Quality Guarantee Clause in Contracts

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, that the Products shall meet the specifications set forth on Appendix 2 to this Agreement (the “Product Specifications”). Provided that SANYO complies with the return goods policy described in Article 8 below, HOKU shall, upon SANYO’s prompt written notification to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYO. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from misuse, neglect or unauthorized alterations to the Products for which SANYO is responsible. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYO’s exclusive remedy for any claim arising out of HOKU’s breach of the warranties set forth in Section 7.1 above is a refund or replacement, as described above. 7.3. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYO, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, which may arise out of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, TIANWEI that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEI’s sole option and at HOKU’s expense, any Product which does not meet the Product Specifications, and TIANWEI shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOTIANWEI. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOTIANWEI’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold TIANWEI and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against TIANWEI or TIANWEI’s Affiliates alleging any such infringement. TIANWEI agrees that: (i) TIANWEI shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEI, or TIANWEI’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOTIANWEI, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXHXXX.

Product Quality Guarantee. 7.18.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, JINKO that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for the lesser of (a) **** days after JINKO receives the Products; or (b) **** days after the release of the Products by HOKU at EXW origin (INCOTERMS 2000) (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, EXW origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with JINKO’s instructions, refund or replace, at JINKO’s sole option, any Product which does not meet the Product Specifications, and JINKO shall comply with the inspection and return goods policy described in Article 8 belowSection 9 below with respect to such Products. HOKU shall be responsible for all replacement costs, HOKU shallincluding but not limited to transportation, upon SANYO’s prompt written notification taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to HOKU, replace such non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming complying Products within thirty (30) **** days after HOKU’s receipt expiration of such returned Productsthe **** day period described in Section 9.3 below. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOJINKO. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. JINKO Initials & Date HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission. 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOJINKO’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall any Party’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if the Party has been advised of the possibility of such damages. 7.38.3. HOKU shall, at its own expense, indemnify and hold JINKO and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against JINKO or JINKO’s Affiliates alleging any such infringement. JINKO agrees that: (i) JINKO shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to JINKO of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, JINKO shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but JINKO, or JINKO’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) JINKO shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOJINKO, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXX.

Product Quality Guarantee. 7.14.1. HOKU SUPPLIER warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment during the first Year, this Agreement warranty shall survive for [*] days after the applicable delivery date, and for each shipment after the first Year, this warranty shall survive for [*] days after the applicable delivery date (the “Warranty Period”), given that the product integrity is protected by Hoku during the product storage and use process. If Hoku stores or processes the product in a manner inconsistent with recommended industry practices (e.g. using materials of construction not recommended for the storage and handling of Hydrochloric Acid 22 degree), SUPPLIER warranty shall be void. SUPPLIER warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. SUPPLIER will, upon prompt notification and compliance with SUPPLIER’s instructions, refund or replace any Product which does not meet the Product Specifications”). Provided that SANYO complies , and HOKU shall comply with the inspection and return goods policy described in Article 8 below, HOKU shall, upon SANYO’s prompt written notification Section 5 below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU SUPPLIER has the authority to bind HOKU SUPPLIER to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU SUPPLIER shall not be enforceable by SANYOHOKU. HOKU makes no warranty Any disagreement between the Parties regarding the Product Specifications shall be resolved by a third party testing lab that is chosen from among the labs set forth on Appendix 3 (the “Independent Labs”). If the Parties are unable to agree on which of the Independent Labs should conduct the testing, then each Party shall choose one of the Independent Labs, and those two Independent Labs shall have no obligation choose a third lab to conduct the testing. The results of the independent lab shall be final and binding on the Parties. All costs associated with respect to damage caused the independent lab testing, including, without limitation, transportation costs, and lab fees, shall be borne by or resulting from misuse, neglect or unauthorized alterations to the Products for which SANYO is responsiblenon-prevailing Party. 7.24.2. HOKU SUPPLIER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKUSUPPLIER’s sole responsibility and SANYOHOKU’s exclusive remedy for any warranty claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. 7.3. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYO, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against In no event shall SUPPLIER’s liability for breach of warranty exceed the purchase price paid therefor; nor shall SUPPLIER be liable for any claims, demandslosses or damages of any individual or entity or for lost profits or any special, actionsindirect, proceedingsincidental, lossesconsequential, or exemplary damages, liabilitiesarising as a result of a breach of warranty, costs or expenses, including without limitation, reasonable attorney fees, which may arise out of HOKU’s acts or omissions or the sale or use even if SUPPLIER has been advised of the Products provided possibility of such damages. None of the limitations in this paragraph, however, will prevent either party from exercising any remedies to SANYO by XXXXwhich they may be entitled under Section 2.4, 3, 5, 8.2, or 8.2.5.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, TIANWEI that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEI’s sole option and at HOKU’s expense, any Product which does not meet the Product Specifications, and TIANWEI shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOTIANWEI. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOTIANWEI’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold TIANWEI and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any TIANWEI Initials & Date ___________________________ HOKU Initials & Date ___________________________ patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against TIANWEI or TIANWEI’s Affiliates alleging any such infringement. TIANWEI agrees that: (i) TIANWEI shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEI, or TIANWEI’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOTIANWEI, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXHXXX.

Product Quality Guarantee. 7.18.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, ALEX that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for the lesser of (a) [*] days after ALEX receives the products; or (b) [*] days after the release of the products by HOKU at EXW origin (INCOTERMS 2000) (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, EXW origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with ALEX’s instructions, refund or replace, at ALEX’s sole option, any Product which does not meet the Product Specifications, and ALEX shall comply with the inspection and return goods policy described in Article 8 belowSection 9 below with respect to such Products. HOKU shall be responsible for all replacement costs, HOKU shallincluding but not limited to transportation, upon SANYO’s prompt written notification taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to HOKU, replace such non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products confirming products within thirty (30) [*] days after HOKU’s receipt expiration of such returned Productsthe [*] day period described in section 9.3 below. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOALEX. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsible.Products. ALEX Initials & Date /s/ JGL 2009.2.27 HOKU Initials & Date /s/ DS 2/26/09 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in Section 10.2.5 below, HOKU’s sole responsibility and SANYOALEX’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall any Party’s liability exceed the purchase price paid therefore; nor shall any Party be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if the Party has been advised of the possibility of such damages. 7.38.3. Except as otherwise expressly set forth hereinHOKU shall, HOKU disclaims any obligation to defend or at its own expense, indemnify SANYO, and hold ALEX and its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, Affiliates harmless from and against any claimsexpense or loss resulting from any actual or alleged infringement of any patent, demandstrademark, actionstrade secret, proceedingscopyright, lossesmask work or other intellectual property related to the Products, damages, liabilities, costs or expensesand shall defend at its own expense, including without limitation, reasonable attorney attorneys fees, which may arise out any suit brought against ALEX or ALEX’s Affiliates alleging any such infringement. ALEX agrees that: (i) ALEX shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to ALEX of HOKU’s acts financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, ALEX shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but ALEX, or omissions or ALEX’s Affiliate may be represented by counsel and participate in the sale or use of the Products provided to SANYO by XXXX.defense at its own expense); and

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, SOLARFUN that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for sixty (60) days after the applicable shipment date (the “"WARRANTY PERIOD"). Upon release of the Products to a common carrier or freight forwarder, FOB origin, HOKU warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU's instructions, refund or replace, at SOLARFUN's sole option, any Product which does not meet the Product Specifications”). Provided that SANYO complies , and SOLARFUN shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSOLARFUN. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s 's sole responsibility and SANYO’s SOLARFUN's exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU's liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. Except as otherwise expressly set forth hereinHOKU shall, HOKU disclaims any obligation to defend or at its own expense, indemnify SANYO, and hold SOLARFUN and its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, Affiliates harmless from and against any claimsexpense or loss resulting from any actual or alleged infringement of any patent, demandstrademark, actionstrade secret, proceedingscopyright, lossesmask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SOLARFUN or SOLARFUN's Affiliates alleging any such infringement. SOLARFUN agrees that: (i) SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SOLARFUN of HOKU's financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, liabilitiesSOLARFUN shall permit HOKU, costs or expenses, including without limitation, reasonable attorney fees, which may arise out through counsel of HOKU’s acts 's choice, to answer the charge of infringement and defend such suit (but SOLARFUN, or omissions or SOLARFUN's Affiliate may be represented by counsel and participate in the sale or use of the Products provided to SANYO by XXXX.defense at its own expense); and

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, TIANWEI that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEI’s sole option and at HOKU’s expense, any Product which does not meet the Product Specifications, and TIANWEI shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOTIANWEI. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOTIANWEI’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold TIANWEI and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against TIANWEI or TIANWEI’s Affiliates alleging any such infringement. TIANWEI agrees that: (i) TIANWEI shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEI, or TIANWEI’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOTIANWEI, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.. TIANWEI Initials & Date AX Xxxxxx 0, 0000 XXXX Initials & Date DS August 4, 2008

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, SOLARFUN that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin, HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at SOLARFUN’s sole option, any Product which does not meet the Product Specifications, and SOLARFUN shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSOLARFUN. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOSOLARFUN’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold SOLARFUN and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SOLARFUN or SOLARFUN’s Affiliates alleging any such infringement. SOLARFUN agrees that: (i) SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SOLARFUN of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SOLARFUN shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but SOLARFUN, or SOLARFUN’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOSOLARFUN, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXHXXX.

Product Quality Guarantee. 7.18.1. HOKU warrants to SANYO for a period of ninety (90) days from SUNTECH that the date polysilicon supplied by HOKU to SUNTECH shall meet the Product leaves Specifications. For each shipment that is shipped in a timely manner, this warranty shall survive for [*] days after the applicable shipment date, and for each shipment that is not shipped in a timely manner (including, without limitation, each shipment that is shipped during a Primary Delivery Grace Period or Secondary Delivery Grace Period, as applicable), this warranty shall survive for [*] days after the applicable shipment date (in each case, the “Warranty Period”). Upon delivery of the Products to SUNTECH as set forth in Section 6.8, HOKU Facility, warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests and other claims and rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, promptly refund or replace, at SUNTECH’s sole option and at HOKU’s cost, any polysilicon which does not meet the specifications set forth on Appendix 2 to this Agreement (the “Product Specifications”). Provided that SANYO complies , and SUNTECH shall comply with the inspection and return goods policy described in Article 8 below, HOKU shall, upon SANYO’s prompt written notification Section 9 below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Productspolysilicon. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSUNTECH. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsible.not committed by HOKU, its Affiliates or any of its or their representatives. SUNTECH Initials & Date ZS May 12, 2008 HOKU Initials & Date DS May 12, 2008 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOSUNTECH’s exclusive remedy for any claim arising out of HOKU’s a breach of the warranties warranty set forth in the first sentence of Section 7.1 above 8.1 is a refund or replacement, as described in Section 8.1 above. With respect to any such breach, HOKU shall not be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.38.3. HOKU shall, at its own expense, indemnify and hold SUNTECH, SUNTECH’s Affiliates and SUNTECH’s customers harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SUNTECH, SUNTECH’s customers or SUNTECH’s Affiliates alleging any such infringement. SUNTECH agrees that: (i) SUNTECH shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SUNTECH of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SUNTECH shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but SUNTECH, SUNTECH’s customer or SUNTECH’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) SUNTECH shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU each Party disclaims any obligation to defend or indemnify SANYOthe other Party, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXdisclaiming Party.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, SOLARFUN that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “"WARRANTY PERIOD"). Upon release of the Products to a common carrier or freight forwarder, FOB origin, HOKU warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU's instructions, refund or replace, at SOLARFUN's sole option, any Product which does not meet the Product Specifications”). Provided that SANYO complies , and SOLARFUN shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSOLARFUN. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s 's sole responsibility and SANYO’s SOLARFUN's exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU's liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold SOLARFUN and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SOLARFUN or SOLARFUN's Affiliates alleging any such infringement. SOLARFUN agrees that: (i) SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SOLARFUN of HOKU's financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SOLARFUN shall permit HOKU, through counsel of HOKU's choice, to answer the charge of infringement and defend such suit (but SOLARFUN, or SOLARFUN's Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU's expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOSOLARFUN, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use . SOLARFUN Initials & Date WS May 13, 2008 HOKU Initials & Date DS May 13, 2008 --------------- --------------- PAGE 6 of the Products provided to SANYO by XXXX.21

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from SUNTECH that the date polysilicon supplied by HOKU to SUNTECH shall meet the Product leaves Specifications. For each shipment that is shipped in a timely manner, this warranty shall survive for [*] days after the applicable shipment date, and for each shipment that is not shipped in a timely manner (including, without limitation, each shipment that is shipped during a Primary Delivery Grace Period or Secondary Delivery Grace Period, as applicable), this warranty shall survive for [*] days after the applicable shipment date (in each case, the “Warranty Period”). Upon delivery of the Products to SUNTECH as set forth in Section 5.7, HOKU Facility, warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests and other claims and rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, promptly refund or replace, at SUNTECH’s sole option and at HOKU’s cost, any polysilicon which does not meet the specifications set forth on Appendix 2 to this Agreement (the “Product Specifications”). Provided that SANYO complies , and SUNTECH shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Productspolysilicon. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSUNTECH. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsiblenot committed by HOKU, its Affiliates or any of its or their representatives. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOSUNTECH’s exclusive remedy for any claim arising out of HOKU’s a breach of the warranties warranty set forth in the first sentence of Section 7.1 above is a refund or replacement, as described in Section 7.1 above. With respect to any such breach, HOKU shall not be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold SUNTECH, SUNTECH’s Affiliates and SUNTECH’s customers harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SUNTECH, SUNTECH’s customers or SUNTECH’s Affiliates alleging any such infringement. SUNTECH agrees that: (i) SUNTECH shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SUNTECH of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SUNTECH shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but SUNTECH, SUNTECH’s customer or SUNTECH’s Affiliate may be represented by counsel and SUNTECH Initials & Date /s/ZS HOKU Initials & Date /s/DS 6/13/2007 [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. participate in the defense at its own expense); and (iii) SUNTECH shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU each Party disclaims any obligation to defend or indemnify SANYOthe other Party, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXdisclaiming Party.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, TIANWEI that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEI’s sole option and at HOKU’s expense, any Product which does not meet the Product Specifications, and TIANWEI shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOTIANWEI. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOTIANWEI’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above.. In no event shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. TIANWEI Initials & Date ___________________________ HOKU Initials & Date ___________________________ 7.3. HOKU shall, at its own expense, indemnify and hold TIANWEI and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against TIANWEI or TIANWEI’s Affiliates alleging any such infringement. TIANWEI agrees that: (i) TIANWEI shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEI, or TIANWEI’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOTIANWEI, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXHXXX.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, SOLARFUN that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for sixty (60) days after the applicable shipment date (the “"WARRANTY PERIOD"). Upon release of the Products to a common carrier or freight forwarder, FOB origin, HOKU warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU's instructions, refund or replace, at SOLARFUN's sole option, any Product which does not meet the Product Specifications”). Provided that SANYO complies , and SOLARFUN shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSOLARFUN. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s 's sole responsibility and SANYO’s SOLARFUN's exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU's liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold SOLARFUN and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SOLARFUN or SOLARFUN's Affiliates alleging any such infringement. SOLARFUN agrees that: (i) SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SOLARFUN of HOKU's financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SOLARFUN shall permit HOKU, through counsel of HOKU's choice, to answer the charge of infringement and defend such suit (but SOLARFUN, or SOLARFUN's Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU's expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOSOLARFUN, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, SOLARFUN that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin, HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at SOLARFUN’s sole option, any Product which does not meet the Product Specifications, and SOLARFUN shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSOLARFUN. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOSOLARFUN’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold SOLARFUN and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SOLARFUN or SOLARFUN’s Affiliates alleging any such infringement. SOLARFUN agrees that: (i) SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SOLARFUN of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SOLARFUN shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but SOLARFUN, or SOLARFUN’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOSOLARFUN, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXX.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, TIANWEI that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEI’s sole option and at HOKU’s expense, any Product which does not meet the Product Specifications, and TIANWEI shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOTIANWEI. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOTIANWEI’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold TIANWEI and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against TIANWEI or TIANWEI’s Affiliates alleging any such infringement. TIANWEI agrees that: (i) TIANWEI shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEI, or TIANWEI’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOTIANWEI, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.. TIANWEI Initials & Date AG September 14, 2008 HOKU Initials & Date DS September 14, 2008

Product Quality Guarantee. 7.1. 8.1 HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, CUSTOMER that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for seventy five (75) days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at CUSTOMER’s sole option, any Product which does not meet the Product Specifications, and CUSTOMER shall comply with the inspection and return goods policy described in Article 8 below, HOKU shall, upon SANYO’s prompt written notification Section 9 below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOCUSTOMER. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. 8.2 HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in Section 10.2.5 below, HOKU’s sole responsibility and SANYOCUSTOMER’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.38.3 HOKU shall, at its own expense, indemnify and hold CUSTOMER and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against CUSTOMER or CUSTOMER’s Affiliates alleging any such infringement. CUSTOMER agrees that: (i) CUSTOMER shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to CUSTOMER of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, CUSTOMER shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but CUSTOMER, or CUSTOMER’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) CUSTOMER shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOCUSTOMER, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, KINKO that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for the lesser of (a) [*] days after KINKO receives the Products; or (b) [*] days after the release of the Products by HOKU at FOB origin (INCOTERMS 2000) (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at KINKO’s sole option, any Product which does not meet the Product Specifications, and KINKO shall comply with the inspection and return goods policy described in Article Section 8 belowbelow with respect to such Products. HOKU shall be responsible for all replacement costs, HOKU shallincluding but not limited to transportation, upon SANYO’s prompt written notification taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to HOKU, replace such non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming confirming Products within thirty (30) [*] days after HOKU’s receipt expiration of such returned Productsthe [*] day period described in Section 8.3 below. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOKINKO. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsible.Products. KINKO Initials & Date __XDL July 25, 2008________ HOKU Initials & Date __DS_________________________ 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOKINKO’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold KINKO and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against KINKO or KINKO’s Affiliates alleging any such infringement. KINKO agrees that: (i) KINKO shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to KINKO of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, KINKO shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but KINKO, or KINKO’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) KINKO shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOKINKO, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXX.

Product Quality Guarantee. 7.18.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, JINKO that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for the lesser of (a) [*] days after JINKO receives the Products; or (b) [*] days after the release of the Products by HOKU at EXW origin (INCOTERMS 2000) (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, EXW origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with JINKO’s instructions, refund or replace, at JINKO’s sole option, any Product which does not meet the Product Specifications, and JINKO shall comply with the inspection and return goods policy described in Article 8 belowSection 9 below with respect to such Products. HOKU shall be responsible for all replacement costs, HOKU shallincluding but not limited to transportation, upon SANYO’s prompt written notification taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to HOKU, replace such non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming complying Products within thirty (30) [*] days after HOKU’s receipt expiration of such returned Productsthe [*] day period described in Section 9.3 below. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOJINKO. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOJINKO’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall any Party’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if the Party has been advised of the possibility of such damages. 7.38.3. HOKU shall, at its own expense, indemnify and hold JINKO and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against JINKO or JINKO’s Affiliates alleging any such infringement. JINKO agrees that: (i) JINKO shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to JINKO of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, JINKO shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but JINKO, or JINKO’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) JINKO shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOJINKO, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.. JINKO Initials & Date /s/ XDL 09.2.26 HOKU Initials & Date /s/ DS 2/26/09

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, CUSTOMER that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at CUSTOMER’s sole option, any Product which does not meet the Product Specifications, and CUSTOMER shall comply with the inspection and return goods policy described in Article 8 below, HOKU shall, upon SANYO’s prompt written notification Section 0 below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOCUSTOMER. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsible.Products. CUSTOMER Initials & Date ___________________________ HOKU Initials & Date ___________________________ 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in Section 0 below, HOKU’s sole responsibility and SANYOCUSTOMER’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold CUSTOMER and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against CUSTOMER or CUSTOMER’s Affiliates alleging any such infringement. CUSTOMER agrees that: (i) CUSTOMER shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to CUSTOMER of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, CUSTOMER shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but CUSTOMER, or CUSTOMER’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) CUSTOMER shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOCUSTOMER, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXHXXX.

Product Quality Guarantee. 7.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, SOLARFUN that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin, HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at SOLARFUN’s sole option, any Product which does not meet the Product Specifications, and SOLARFUN shall comply with the inspection and return goods policy described in Article Section 8 below, HOKU shall, upon SANYO’s prompt written notification below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOSOLARFUN. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and SANYOSOLARFUN’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. 7.3. HOKU shall, at its own expense, indemnify and hold SOLARFUN and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against SOLARFUN or SOLARFUN’s Affiliates alleging any such infringement. SOLARFUN agrees that: (i) SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to SOLARFUN of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, SOLARFUN shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but SOLARFUN, or SOLARFUN’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOSOLARFUN, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of the acts of omissions of HOKU’s acts or omissions or the sale or use of the Products provided to SANYO by XXXX.. SOLARFUN Initials & Date WS May 13, 2008 HOKU Initials & Date DS May 13, 2008

Product Quality Guarantee. 7.18.1. HOKU warrants to SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, CUSTOMER that the Products shall meet the specifications set forth on Appendix 2 to Product Specifications. For each shipment, this Agreement warranty shall survive for [*] days after the applicable shipment date (the “Product SpecificationsWarranty Period”). Provided Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants that SANYO complies the Products shall be free of all liens, mortgages, encumbrances, security interests or other claims or rights. HOKU will, upon prompt notification and compliance with HOKU’s instructions, refund or replace, at CUSTOMER’s sole option, any Product which does not meet the Product Specifications, and CUSTOMER shall comply with the inspection and return goods policy described in Article 8 below, HOKU shall, upon SANYO’s prompt written notification Section 9 below with respect to HOKU, replace non-conforming Products with conforming Products, and if HOKU is unable to do so, HOKU shall refund SANYO for non-conforming Products within thirty (30) days after HOKU’s receipt of such returned Products. No employee, agent or representative of HOKU has the authority to bind HOKU to any oral representation or warranty concerning the Products. Any oral representation or warranty made prior to the purchase of any Product and not set forth in writing and signed by a duly authorized officer of HOKU shall not be enforceable by SANYOCUSTOMER. HOKU makes no warranty and shall have no obligation with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized alterations to the Products for which SANYO is responsibleProducts. 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES NOT EXPLICITLY DESCRIBED IN THIS AGREEMENTWARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Except as otherwise provided in Section 10.2.5 below, HOKU’s sole responsibility and SANYOCUSTOMER’s exclusive remedy for any claim arising out of HOKU’s breach the purchase of the warranties set forth in Section 7.1 above any Product is a refund or replacement, as described above.. In no event shall HOKU’s liability exceed the purchase price paid therefore; nor shall HOKU be liable for any claims, losses or damages of any individual or entity or for lost profits or any special, indirect, incidental, consequential, or exemplary damages, howsoever arising, even if HOKU has been advised of the possibility of such damages. CUSTOMER Initials & Date /s/ YIH HOKU Initials & Date /s/ DS 2 April 2009 7.38.3. HOKU shall, at its own expense, indemnify and hold CUSTOMER and its Affiliates harmless from and against any expense or loss resulting from any actual or alleged infringement of any patent, trademark, trade secret, copyright, mask work or other intellectual property related to the Products, and shall defend at its own expense, including attorneys fees, any suit brought against CUSTOMER or CUSTOMER’s Affiliates alleging any such infringement. CUSTOMER agrees that: (i) CUSTOMER shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to CUSTOMER of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, CUSTOMER shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but CUSTOMER, or CUSTOMER’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) CUSTOMER shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. In case of a final award of damages in any such suit HOKU shall pay such award, but shall not be responsible for any settlement made without its prior consent. Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify SANYOCUSTOMER, its past, present and future subsidiaries, affiliates, and their respective officers, agents, or employees, from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs or expenses, including without limitation, reasonable attorney fees, expenses which may arise out of HOKU’s the acts or of omissions or the sale or use of the Products provided to SANYO by XXXXHXXX.