Common use of Product Quality Guarantee Clause in Contracts

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 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 Section 8 below with respect to such 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 TIANWEI. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEI’s exclusive remedy for any claim arising out of the purchase of 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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SANYO for a period of ninety (90) days from the date the Product leaves the HOKU Facility, that the Products shall meet the Product Specifications. For each shipment, specifications set forth on Appendix 2 to this warranty shall survive for [*] days after the applicable shipment date Agreement (the “Warranty PeriodProduct Specifications”). Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), HOKU warrants Provided that 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 SANYO complies with the inspection and return goods policy described in Section Article 8 below below, HOKU shall, upon SANYO’s prompt written notification to HOKU, replace non-conforming Products with respect 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 TIANWEISANYO. 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 ProductsProducts for which SANYO is responsible. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESWARRANTIES 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 TIANWEISANYO’s exclusive remedy for any claim arising out of HOKU’s breach of the purchase of any Product warranties set forth in Section 7.1 above 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 TIANWEISANYO, 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 expenses, including without limitation, reasonable attorney fees, which may arise out of HOKU’s acts or omissions or the acts sale or use of omissions of Hthe Products provided to SANYO by ▇▇▇▇.

Product Quality Guarantee. 7.18.1. HOKU warrants to TIANWEI JINKO that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for [the lesser of (a) *] *** days after JINKO receives the Products; or (b) **** days after the applicable shipment date release of the Products by HOKU at EXW origin (INCOTERMS 2000) (the “Warranty Period”). Upon release of the Products to a common carrier or freight forwarder, FOB EXW origin (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKUJINKO’s instructions, refund in full, including all direct costs, or replace, at TIANWEIJINKO’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI JINKO shall comply with the inspection and return goods policy described in Section 8 9 below with respect to such Products. HOKU shall be responsible for all replacement costs, including but not limited to transportation, taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to replace such non-complying Products within **** days after expiration of the **** 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 TIANWEIJINKO. 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. JINKO Initials & Date HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission. 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEIJINKO’s exclusive remedy for any claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKUany Party’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefore; 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 the Party has been advised of the possibility of such damages. 7.38.3. HOKU shall, at its own expense, indemnify and hold TIANWEI 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 TIANWEI JINKO or TIANWEIJINKO’s Affiliates alleging any such infringement. TIANWEI JINKO agrees that: (i) TIANWEI JINKO shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI JINKO of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI JINKO shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEIJINKO, or TIANWEIJINKO’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEIJINKO, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇▇.

Product Quality Guarantee. 7.18.1. HOKU warrants to TIANWEI JINKO that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for the lesser of (a) [*] days after JINKO receives the Products; or (b) [*] days after the applicable shipment date release of the Products by HOKU at EXW origin (INCOTERMS 2000) (the “Warranty Period”). Upon release of the Products to a common carrier or freight forwarder, FOB EXW origin (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKUJINKO’s instructions, refund in full, including all direct costs, or replace, at TIANWEIJINKO’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI JINKO shall comply with the inspection and return goods policy described in Section 8 9 below with respect to such Products. HOKU shall be responsible for all replacement costs, including but not limited to transportation, taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to replace such non-complying Products within [*] days after expiration of the [*] 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 TIANWEIJINKO. 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. 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED EXPRESS OR STATUTORYIMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEIJINKO’s exclusive remedy for any claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKUany Party’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefore; 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 the Party has been advised of the possibility of such damages. 7.38.3. HOKU shall, at its own expense, indemnify and hold TIANWEI 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 TIANWEI JINKO or TIANWEIJINKO’s Affiliates alleging any such infringement. TIANWEI JINKO agrees that: (i) TIANWEI JINKO shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI JINKO of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI JINKO shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEIJINKO, or TIANWEIJINKO’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEIJINKO, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.HOKU. JINKO Initials & Date /s/ XDL 09.2.26 HOKU Initials & Date /s/ DS 2/26/09

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SOLARFUN that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for [*] days after the applicable shipment date (the “Warranty Period”"WARRANTY PERIOD"). Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000)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 from TIANWEI, and TIANWEI’s compliance with HOKU’s 's instructions, refund in full, including all direct costs, or replace, at TIANWEI’s SOLARFUN's sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI SOLARFUN shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISOLARFUN. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s 's sole responsibility and TIANWEI’s SOLARFUN's exclusive remedy for any claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKU’s 's liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefore; 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 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 TIANWEI SOLARFUN or TIANWEI’s SOLARFUN's Affiliates alleging any such infringement. TIANWEI SOLARFUN agrees that: (i) TIANWEI SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SOLARFUN of HOKU’s 's financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SOLARFUN shall permit HOKU, through counsel of HOKU’s 's choice, to answer the charge of infringement and defend such suit (but TIANWEISOLARFUN, or TIANWEI’s SOLARFUN's Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU’s '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 TIANWEISOLARFUN, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.HOKU. SOLARFUN Initials & Date WS May 13, 2008 HOKU Initials & Date DS May 13, 2008 --------------- --------------- PAGE 6 of 21

Product Quality Guarantee. 7.1. 8.1 HOKU warrants to TIANWEI CUSTOMER that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for [*] seventy five (75) days after the applicable shipment date (the “Warranty Period”). Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEICUSTOMER’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI CUSTOMER shall comply with the inspection and return goods policy described in Section 8 9 below with respect to such 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 TIANWEICUSTOMER. 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. 7.2. 8.2 HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, 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 TIANWEICUSTOMER’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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. 8.3 HOKU shall, at its own expense, indemnify and hold TIANWEI 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 TIANWEI CUSTOMER or TIANWEICUSTOMER’s Affiliates alleging any such infringement. TIANWEI CUSTOMER agrees that: (i) TIANWEI CUSTOMER shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI CUSTOMER of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI CUSTOMER shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEICUSTOMER, or TIANWEICUSTOMER’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI CUSTOMER shall give HOKU all needed information, assistance, and authority, at HOKU’s expense, to enable HOKU to defend such suit. 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. consent Except as otherwise expressly set forth herein, HOKU disclaims any obligation to defend or indemnify TIANWEICUSTOMER, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇HOKU.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI CUSTOMER that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEICUSTOMER’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI CUSTOMER shall comply with the inspection and return goods policy described in Section 8 0 below with respect to such 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 TIANWEICUSTOMER. 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.. CUSTOMER Initials & Date ___________________________ HOKU Initials & Date ___________________________ 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, 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 TIANWEICUSTOMER’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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 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 TIANWEI CUSTOMER or TIANWEICUSTOMER’s Affiliates alleging any such infringement. TIANWEI CUSTOMER agrees that: (i) TIANWEI CUSTOMER shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI CUSTOMER of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI CUSTOMER shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEICUSTOMER, or TIANWEICUSTOMER’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEICUSTOMER, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 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 Section 8 below with respect to such 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 TIANWEI. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEI’s exclusive remedy for any claim arising out of the purchase of 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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.HOKU. TIANWEI Initials & Date AG September 14, 2008 HOKU Initials & Date DS September 14, 2008

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SOLARFUN that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000)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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEISOLARFUN’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI SOLARFUN shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISOLARFUN. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEISOLARFUN’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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 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 TIANWEI SOLARFUN or TIANWEISOLARFUN’s Affiliates alleging any such infringement. TIANWEI SOLARFUN agrees that: (i) TIANWEI SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SOLARFUN of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SOLARFUN shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEISOLARFUN, or TIANWEISOLARFUN’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEISOLARFUN, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.HOKU. SOLARFUN Initials & Date WS May 13, 2008 HOKU Initials & Date DS May 13, 2008

Product Quality Guarantee. 7.18.1. HOKU warrants to TIANWEI ALEX that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for the lesser of (a) [*] days after ALEX receives the products; or (b) [*] days after the applicable shipment date release of the products by HOKU at EXW origin (INCOTERMS 2000) (the “Warranty Period”). Upon release of the Products to a common carrier or freight forwarder, FOB EXW origin (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKUALEX’s instructions, refund in full, including all direct costs, or replace, at TIANWEIALEX’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI ALEX shall comply with the inspection and return goods policy described in Section 8 9 below with respect to such Products. HOKU shall be responsible for all replacement costs, including but not limited to transportation, taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to replace such non-confirming products within [*] days after expiration of the [*] 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 TIANWEIALEX. 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.. 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, 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 TIANWEIALEX’s exclusive remedy for any claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKUany Party’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefore; nor shall HOKU 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 HOKU the Party has been advised of the possibility of such damages. 7.38.3. HOKU shall, at its own expense, indemnify and hold TIANWEI ALEX 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 ALEX or TIANWEIALEX’s Affiliates alleging any such infringement. TIANWEI ALEX agrees that: (i) TIANWEI ALEX shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI ALEX of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI ALEX shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEIALEX, or TIANWEIALEX’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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.and

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SOLARFUN that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000)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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEISOLARFUN’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI SOLARFUN shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISOLARFUN. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEISOLARFUN’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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 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 TIANWEI SOLARFUN or TIANWEISOLARFUN’s Affiliates alleging any such infringement. TIANWEI SOLARFUN agrees that: (i) TIANWEI SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SOLARFUN of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SOLARFUN shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEISOLARFUN, or TIANWEISOLARFUN’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEISOLARFUN, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 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 Section 8 below with respect to such 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 TIANWEI. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEI’s exclusive remedy for any claim arising out of the purchase of 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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.

Product Quality Guarantee. 7.14.1. HOKU SUPPLIER warrants to TIANWEI HOKU that the Products shall meet the Product Specifications. For each shipmentshipment during the first Year, this 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. Upon release 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 Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000storage and handling of Hydrochloric Acid 22 degree), HOKU 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. HOKU SUPPLIER will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKUSUPPLIER’s instructions, refund in full, including all direct costs, or replace, at TIANWEI’s sole option and at HOKU’s expense, replace any Product which does not meet the Product Specifications, and TIANWEI HOKU shall comply with the inspection and return goods policy described in Section 8 5 below with respect to such 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 TIANWEIHOKU. 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 accident, misuse, neglect or unauthorized alterations to the Productsnon-prevailing Party. 7.24.2. HOKU SUPPLIER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKUSUPPLIER’s sole responsibility and TIANWEIHOKU’s exclusive remedy for any warranty claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKUSUPPLIER’s liability for breach of warranty exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefor; nor shall HOKU SUPPLIER 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 arisingarising as a result of a breach of warranty, even if HOKU SUPPLIER has been advised of the possibility of such damages. 7.3. HOKU shallNone of the limitations in this paragraph, at its own expensehowever, indemnify and hold TIANWEI and its Affiliates harmless will prevent either party from and against exercising any expense or loss resulting from any actual or alleged infringement of any patentremedies to which they may be entitled under Section 2.4, trademark3, trade secret5, 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 TIANWEI8.2, 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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇8.2.5.

Product Quality Guarantee. 7.18.1. HOKU warrants to TIANWEI SUNTECH that the Products polysilicon supplied by HOKU to SUNTECH shall meet the Product Specifications. For each shipmentshipment 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 release delivery of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000)SUNTECH as set forth in Section 6.8, HOKU warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests or and other claims or and rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, promptly refund in full, including all direct costs, or replace, at TIANWEISUNTECH’s sole option and at HOKU’s expensecost, any Product polysilicon which does not meet the Product Specifications, and TIANWEI SUNTECH shall comply with the inspection and return goods policy described in Section 8 9 below with respect to such 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 TIANWEISUNTECH. 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.Products 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, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEISUNTECH’s exclusive remedy for any claim arising out of a breach of the purchase warranty set forth in the first sentence of any Product Section 8.1 is a refund or replacement, as described in Section 8.1 above. In no event With respect to any such breach, HOKU shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU 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 TIANWEI SUNTECH, SUNTECH’s Affiliates and its Affiliates 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 TIANWEI SUNTECH, SUNTECH’s customers or TIANWEISUNTECH’s Affiliates alleging any such infringement. TIANWEI SUNTECH agrees that: (i) TIANWEI SUNTECH shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SUNTECH of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SUNTECH shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEISUNTECH, SUNTECH’s customer or TIANWEISUNTECH’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEIthe other Party, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇the disclaiming Party.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SOLARFUN that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000)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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEISOLARFUN’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI SOLARFUN shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISOLARFUN. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEISOLARFUN’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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 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 TIANWEI SOLARFUN or TIANWEISOLARFUN’s Affiliates alleging any such infringement. TIANWEI SOLARFUN agrees that: (i) TIANWEI SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SOLARFUN of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SOLARFUN shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEISOLARFUN, or TIANWEISOLARFUN’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEISOLARFUN, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 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 Section 8 below with respect to such 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 TIANWEI. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEI’s exclusive remedy for any claim arising out of the purchase of 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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of HHOKU. TIANWEI Initials & Date A▇ ▇▇▇.▇▇▇ ▇, ▇▇▇▇ ▇▇▇▇ Initials & Date DS August 4, 2008

Product Quality Guarantee. 7.18.1. HOKU warrants to TIANWEI CUSTOMER that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEICUSTOMER’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI CUSTOMER shall comply with the inspection and return goods policy described in Section 8 9 below with respect to such 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 TIANWEICUSTOMER. 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. 7.28.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, 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 TIANWEICUSTOMER’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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 TIANWEI 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 TIANWEI CUSTOMER or TIANWEICUSTOMER’s Affiliates alleging any such infringement. TIANWEI CUSTOMER agrees that: (i) TIANWEI CUSTOMER shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI CUSTOMER of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI CUSTOMER shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEICUSTOMER, or TIANWEICUSTOMER’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEICUSTOMER, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SOLARFUN that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for [*] sixty (60) days after the applicable shipment date (the “Warranty Period”"WARRANTY PERIOD"). Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000)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 from TIANWEI, and TIANWEI’s compliance with HOKU’s 's instructions, refund in full, including all direct costs, or replace, at TIANWEI’s SOLARFUN's sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI SOLARFUN shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISOLARFUN. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s 's sole responsibility and TIANWEI’s SOLARFUN's exclusive remedy for any claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKU’s 's liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefore; 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 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 TIANWEI SOLARFUN or TIANWEI’s SOLARFUN's Affiliates alleging any such infringement. TIANWEI SOLARFUN agrees that: (i) TIANWEI SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SOLARFUN of HOKU’s 's financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SOLARFUN shall permit HOKU, through counsel of HOKU’s 's choice, to answer the charge of infringement and defend such suit (but TIANWEISOLARFUN, or TIANWEI’s SOLARFUN's Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI SOLARFUN shall give HOKU all needed information, assistance, and authority, at HOKU’s '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 TIANWEISOLARFUN, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇HOKU.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI that the Products shall meet the Product Specifications. For each shipment, this 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 (INCOTERMS 2000), 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 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 Section 8 below with respect to such 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 TIANWEI. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEI’s exclusive remedy for any claim arising out of the purchase of 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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SUNTECH that the Products polysilicon supplied by HOKU to SUNTECH shall meet the Product Specifications. For each shipmentshipment 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 release delivery of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000)SUNTECH as set forth in Section 5.7, HOKU warrants that the Products shall be free of all liens, mortgages, encumbrances, security interests or and other claims or and rights. HOKU will, upon prompt notification from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, promptly refund in full, including all direct costs, or replace, at TIANWEISUNTECH’s sole option and at HOKU’s expensecost, any Product polysilicon which does not meet the Product Specifications, and TIANWEI SUNTECH shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISUNTECH. 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 ProductsProducts not committed by HOKU, its Affiliates or any of its or their representatives. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEISUNTECH’s exclusive remedy for any claim arising out of a breach of the purchase warranty set forth in the first sentence of any Product Section 7.1 is a refund or replacement, as described in Section 7.1 above. In no event With respect to any such breach, HOKU shall HOKU’s liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacement; nor shall HOKU 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 TIANWEI SUNTECH, SUNTECH’s Affiliates and its Affiliates 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 TIANWEI SUNTECH, SUNTECH’s customers or TIANWEISUNTECH’s Affiliates alleging any such infringement. TIANWEI SUNTECH agrees that: (i) TIANWEI SUNTECH shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SUNTECH of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SUNTECH shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEISUNTECH, SUNTECH’s customer or TIANWEISUNTECH’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) TIANWEI 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 TIANWEIthe other Party, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇the disclaiming Party.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI KINKO that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for the lesser of (a) [*] days after KINKO receives the Products; or (b) [*] days after the applicable shipment date release of the Products by HOKU at FOB origin (INCOTERMS 2000) (the “Warranty Period”). Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000), 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 from TIANWEI, and TIANWEI’s compliance with HOKU’s instructions, refund in full, including all direct costs, or replace, at TIANWEIKINKO’s sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI KINKO shall comply with the inspection and return goods policy described in Section 8 below with respect to such Products. HOKU shall be responsible for all replacement costs, including but not limited to transportation, taxes and customs charges, and, in the case of a replacement, shall use commercially reasonable efforts to replace such non-confirming Products within [*] days after expiration of the [*] 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 TIANWEIKINKO. 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.. KINKO Initials & Date __XDL July 25, 2008________ HOKU Initials & Date __DS_________________________ 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s sole responsibility and TIANWEIKINKO’s exclusive remedy for any claim arising out of the purchase of 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 replacementtherefore; 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 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 TIANWEI KINKO or TIANWEIKINKO’s Affiliates alleging any such infringement. TIANWEI KINKO agrees that: (i) TIANWEI KINKO shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI KINKO of HOKU’s financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI KINKO shall permit HOKU, through counsel of HOKU’s choice, to answer the charge of infringement and defend such suit (but TIANWEIKINKO, or TIANWEIKINKO’s Affiliate may be represented by counsel and participate in the defense at its own expense); and (iii) TIANWEI 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 TIANWEIKINKO, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇▇.

Product Quality Guarantee. 7.1. HOKU warrants to TIANWEI SOLARFUN that the Products shall meet the Product Specifications. For each shipment, this warranty shall survive for [*] sixty (60) days after the applicable shipment date (the “Warranty Period”"WARRANTY PERIOD"). Upon release of the Products to a common carrier or freight forwarder, FOB origin (INCOTERMS 2000)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 from TIANWEI, and TIANWEI’s compliance with HOKU’s 's instructions, refund in full, including all direct costs, or replace, at TIANWEI’s SOLARFUN's sole option and at HOKU’s expenseoption, any Product which does not meet the Product Specifications, and TIANWEI SOLARFUN shall comply with the inspection and return goods policy described in Section 8 below with respect to such 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 TIANWEISOLARFUN. 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. 7.2. HOKU EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HOKU’s 's sole responsibility and TIANWEI’s SOLARFUN's exclusive remedy for any claim arising out of the purchase of any Product is a refund or replacement, as described above. In no event shall HOKU’s 's liability exceed the purchase price paid therefor plus the direct expenses associated with the refund or replacementtherefore; 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 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 TIANWEI SOLARFUN or TIANWEI’s SOLARFUN's Affiliates alleging any such infringement. TIANWEI SOLARFUN agrees that: (i) TIANWEI SOLARFUN shall give HOKU prompt notice in writing of any such suit; (ii) if HOKU provides evidence reasonably satisfactory to TIANWEI SOLARFUN of HOKU’s 's financial ability to defend the matter vigorously and pay any reasonably foreseeable damages, TIANWEI SOLARFUN shall permit HOKU, through counsel of HOKU’s 's choice, to answer the charge of infringement and defend such suit (but TIANWEISOLARFUN, or TIANWEI’s SOLARFUN'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 TIANWEI, its officers, agents, or employees, from any losses, damages, liabilities, costs or expenses which may arise out of the acts of omissions of H▇▇▇.and