Common use of Quality Considerations Clause in Contracts

Quality Considerations. The parties acknowledge that there are certain Module quality characteristics that, by their nature, may fall outside of the agreed upon specifications set forth in Attachment A attached hereto, but still may affect product performance at the cell level or module level (i.e., the Modules meet all specifications, but still cause significant deviation in performance or in SolarMax’s production line). For those Module quality characteristics that are part of the agreed upon specifications set forth in Attachment A attached hereto, Section 2.09 addresses these issues. For those Module quality characteristics that are not part of the agreed upon specifications, but such characteristics still appear to cause significant deviation in Module performance or in SolarMax’s production line, the parties will jointly agree to address such non-specification Module quality characteristics on a continuous improvement basis or on a Module replacement basis after joint analysis of Module characteristics can be correlated to any such issues (e.g., the Parties will work together to ensure that the Module breakage rate is within industry norms, assuming that SolarMax’s processes (including handling) fall within industry norms).

Quality Considerations. The parties acknowledge that there are certain Module quality characteristics that, by their nature, may fall outside of the agreed upon specifications set forth in Attachment A attached hereto, but still may affect product performance at the cell level or module level (i.e., the Modules meet all specifications, but still cause significant deviation in performance or in SolarMax’s production line). For those Module quality characteristics that are part of the agreed upon specifications set forth in Attachment A attached hereto, Section 2.09 addresses these issues. For those Module quality characteristics that are not part of the agreed upon specifications, but such characteristics still appear to cause significant deviation in Module performance or in SolarMax’s production line, the parties will jointly agree to address such non-non- specification Module quality characteristics on a continuous improvement basis or on a Module replacement basis after joint analysis of Module characteristics can be correlated to any such issues (e.g., the Parties will work together to ensure that the Module breakage rate is within industry norms, assuming that SolarMax’s processes (including handling) fall within industry norms).