Common use of Release for Shipment Clause in Contracts

Release for Shipment. If the requirements of these procurement documents have not been fulfilled, the Purchaser’s quality representative shall have the authority to refuse release of shipment. Shipments not properly released by the Purchaser’s quality representative shall be subject to return to the Supplier at the Supplier’s expense. Normal payment may be withheld until the problem is resolved. Southern Company – SUPPLIER QUALITY ASSURANCE REQUIREMENTS Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 1.1 – PRODUCT SPECIFICATIONS Master Supply Agreement – [***] 8 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 3.1 – FORM OF PURCHASE ORDER In addition to the terms set out in the Agreement, the following specific terms and conditions shall apply for this Purchase Order. Description of Products (incl. manufacturer part numbers): [***] [***] Purchase Price: [***] (for single project) or US$31,392,576 (for both projects) DDP construction site [***] All taxes, fees and other public charges incurred upon and as a result of the Delivery shall be paid by Customer and shall be the sole responsibility of Customer. The Product Price is exclusive of any and all taxes, Value Added Tax, and Goods and Services Tax. To the extent that REC is obligated to pay any such taxes to any authority, the amount paid shall be reimbursed by Customer upon REC’s invoicing, on ordinary agreed payment terms.] Quantity(-ies) of Products to be delivered: 42.4224 MWp Delivery Dates: Delivery Date means the date of Delivery of the Products by REC set forth in this Purchase Order. The Delivery Date for the Products shall be See delivery schedule attachment Ship-to address of project construction site: [***] [***] [***] Delivery terms: REC may deliver Products prior to the Delivery Date and may make partial deliveries of the Products. The risk of loss and damage to Products shall pass to Customer on Delivery. DDP construction site [***] Customer shall be deemed to have taken delivery of the Products on the Delivery Date even if Customer or its freight forwarded carriers, fails to physically take delivery of the Products on or after the Delivery Date, in which event Customer shall, in addition to the Product Price, be liable to compensate REC for the costs incurred by REC arising from such failure, including without limitation, storage, transportation and man-handling costs. Miscellaneous (if applicable): Payment please see spreadsheet showing payment schedule Master Supply Agreement – [***] 9 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. By completing this Purchase Order, the Customer agrees to purchase, and REC agrees to deliver, Products on the term and conditions set out in the Agreement and in this Purchase Order. Date: Date: REC Americas POWERSECURE SOLAR, LLC By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Vice President - General Manager Master Supply Agreement – [***] 10 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 10.1 – LIMITED WARRANTY CERTIFICATE Master Supply Agreement – [***] 11 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. REC Limited Warranty Certificate for REC Peak Energy Modules 1 (valid as of September 1, 2011) This Limited Warranty covers all modules with the REC Peak Energy name (as defined above) sold after September 1, 2011 or later and is valid only in Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx xxx Xxxxx Xxxxxxx0 . REC MODULES PTE, LTD. (hereafter the ‘Warrantor’ or ‘REC’) issues the following voluntary warranty to the end-user who purchased the Productin one of the above mentioned countries and put the Product into use for the first time (the ‘Original End-User’). In addition to the rights under this Limited Warranty, the Original End-User may be entitled to statutory warranty rights under applicable national laws which shall not be affected or limited in any way by this Limited Warranty.

Release for Shipment. If the requirements of these procurement documents have not been fulfilled, the Purchaser’s quality representative shall have the authority to refuse release of shipment. Shipments not properly released by the Purchaser’s quality representative shall be subject to return to the Supplier at the Supplier’s expense. Normal payment may be withheld until the problem is resolved. Southern Company – SUPPLIER QUALITY ASSURANCE REQUIREMENTS Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 1.1 – PRODUCT SPECIFICATIONS Master Supply Agreement – [***] 8 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 3.1 – FORM OF PURCHASE ORDER In addition to the terms set out in the Agreement, the following specific terms and conditions shall apply for this Purchase Order. Description of Products (incl. manufacturer part numbers): [***] [***] Purchase Price: [***] (for single project) or US$31,392,576 (for both projects) DDP construction site [***] All taxes, fees and other public charges incurred upon and as a result of the Delivery shall be paid by Customer and shall be the sole responsibility of Customer. The Product Price is exclusive of any and all taxes, Value Added Tax, and Goods and Services Tax. To the extent that REC is obligated to pay any such taxes to any authority, the amount paid shall be reimbursed by Customer upon REC’s invoicing, on ordinary agreed payment terms.] Quantity(-ies) of Products to be delivered: 42.4224 MWp [***] Delivery Dates: Delivery Date means the date of Delivery of the Products by REC set forth in this Purchase Order. The Delivery Date for the Products shall be See delivery schedule attachment Ship-to address of project construction site: Delivery terms: [***] [***] [***] Delivery terms: REC may deliver Products prior to the Delivery Date and may make partial deliveries of the Products. The risk of loss and damage to Products shall pass to Customer on Delivery. DDP construction site [***] Customer shall be deemed to have taken delivery of the Products on the Delivery Date even if Customer or its freight forwarded carriers, fails to physically take delivery of the Products on or after the Delivery Date, in which event Customer shall, in addition to the Product Price, be liable to compensate REC for the costs incurred by REC arising from such failure, including without limitation, storage, transportation and man-handling costs. Miscellaneous (if applicable): Payment please see spreadsheet showing payment schedule Master Supply Agreement – [***] 9 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. By completing this Purchase Order, the Customer agrees to purchase, and REC agrees to deliver, Products on the term and conditions set out in the Agreement and in this Purchase Order. Date: Date: REC Americas AMERICAS LLC POWERSECURE SOLAR, LLC By: By: /s/ Xxxxxxxx Xxxxxxxxx Name: Name: Xxxxxxxx Xxxxxxxxx Title: Title: Vice President - President-General Manager Master Supply Agreement – [***] 10 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 10.1 – LIMITED WARRANTY CERTIFICATE Master Supply Agreement – [***] 11 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. REC Limited Warranty Certificate for REC Peak Energy Modules 1 Modules1 (valid as of September 1, 2011) This Limited Warranty covers all modules with the REC Peak Energy name (as defined above) sold after September 1, 2011 or later and is valid only in Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx xxx Xxxxx Xxxxxxx0 Xxxxxxx0. REC MODULES PTE, LTD. (hereafter the ‘Warrantor’ or ‘REC’) issues the following voluntary warranty to the end-user who purchased the Productin one of the above mentioned countries and put the Product into use for the first time (the ‘Original End-User’). In addition to the rights under this Limited Warranty, the Original End-User may be entitled to statutory warranty rights under applicable national laws which shall not be affected or limited in any way by this Limited Warranty.

Release for Shipment. If the requirements of these procurement documents have not been fulfilled, the Purchaser’s quality representative shall have the authority to refuse release of shipment. Shipments not properly released by the Purchaser’s quality representative shall be subject to return to the Supplier at the Supplier’s expense. Normal payment may be withheld until the problem is resolved. Southern Company [***] – SUPPLIER QUALITY ASSURANCE REQUIREMENTS Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 1.1 – PRODUCT SPECIFICATIONS Master Supply Agreement – [***] 8 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 3.1 – FORM OF PURCHASE ORDER In addition to the terms set out in the Agreement, the following specific terms and conditions shall apply for this Purchase Order. Description of Products (incl. manufacturer part numbers): [***] [***] Purchase Price: [***] (for single project) or US$31,392,576 (for both projects) DDP construction site [***] All taxes, fees and other public charges incurred upon and as a result of the Delivery shall be paid by Customer and shall be the sole responsibility of Customer. The Product Price is exclusive of any and all taxes, Value Added Tax, and Goods and Services Tax. To the extent that REC [***] is obligated to pay any such taxes to any authority, the amount paid shall be reimbursed by Customer upon REC’s [***] invoicing, on ordinary agreed payment terms.] Quantity(-ies) of Products to be delivered: 42.4224 MWp [***] Delivery Dates: Delivery Date means the date of Delivery of the Products by REC [***] set forth in this Purchase Order. The Delivery Date for the Products shall be See delivery schedule attachment Ship-to address of project construction site: Delivery terms: [***] [***] [***] Delivery terms: REC may deliver Products prior to the Delivery Date and may make partial deliveries of the Products. The risk of loss and damage to Products shall pass to Customer on Delivery. DDP construction site [***] Customer shall be deemed to have taken delivery of the Products on the Delivery Date even if Customer or its freight forwarded carriers, fails to physically take delivery of the Products on or after the Delivery Date, in which event Customer shall, in addition to the Product Price, be liable to compensate REC [***] for the costs incurred by REC [***] arising from such failure, including without limitation, storage, transportation and man-handling costs. Miscellaneous (if applicable): Payment please see spreadsheet showing payment schedule Master Supply Agreement – [***] 9 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. By completing this Purchase Order, the Customer agrees to purchase, and REC [***] agrees to deliver, Products on the term and conditions set out in the Agreement and in this Purchase Order. Date: Date: REC Americas [***] POWERSECURE SOLAR, LLC By: /s/ Xxxxxxxx Xxxxxxxxx By: [***] Name: Xxxxxxxx Xxxxxxxxx Name: [***] Title: Vice President - General Manager Title: [***] Master Supply Agreement – [***] 10 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 10.1 – LIMITED WARRANTY CERTIFICATE Master Supply Agreement – [***] 11 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. REC [***] Limited Warranty Certificate for REC Peak Energy Modules [***]1 (valid as of September 1, 2011) This Limited Warranty covers all modules with the REC [***] Peak Energy name (as defined above) sold after September 1, 2011 or later and is valid only in Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx xxx Xxxxx Xxxxxxx0 Xxxxxxx0. REC MODULES PTE, LTD. [***] (hereafter the ‘Warrantor’ or ‘REC’[***]) issues the following voluntary warranty to the end-user who purchased the Productin one of the above mentioned countries and put the Product into use for the first time (the ‘Original End-User’). In addition to the rights under this Limited Warranty, the Original End-User may be entitled to statutory warranty rights under applicable national laws which shall not be affected or limited in any way by this Limited Warranty.

Release for Shipment. If the requirements of these procurement documents have not been fulfilled, the Purchaser’s quality representative shall have the authority to refuse release of shipment. Shipments not properly released by the Purchaser’s quality representative shall be subject to return to the Supplier at the Supplier’s expense. Normal payment may be withheld until the problem is resolved. Southern Company [***] – SUPPLIER QUALITY ASSURANCE REQUIREMENTS Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 1.1 – PRODUCT SPECIFICATIONS Master Supply Agreement – [***] 8 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. [***] Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 3.1 – FORM OF PURCHASE ORDER In addition to the terms set out in the Agreement, the following specific terms and conditions shall apply for this Purchase Order. Description of Products (incl. manufacturer part numbers): [***] [***] Purchase Price: [***] (for single project) or US$31,392,576 [***] (for both projects) DDP construction site [***] All taxes, fees and other public charges incurred upon and as a result of the Delivery shall be paid by Customer and shall be the sole responsibility of Customer. The Product Price is exclusive of any and all taxes, Value Added Tax, and Goods and Services Tax. To the extent that REC [***] is obligated to pay any such taxes to any authority, the amount paid shall be reimbursed by Customer upon REC’s [***] invoicing, on ordinary agreed payment terms.] Quantity(-ies) of Products to be delivered: 42.4224 MWp Delivery Dates: Delivery Date means the date of Delivery of the Products by REC [***] set forth in this Purchase Order. The Delivery Date for the Products shall be See delivery schedule attachment Ship-to address of project construction site: [***] [***] [***] Delivery terms: REC [***] may deliver Products prior to the Delivery Date and may make partial deliveries of the Products. The risk of loss and damage to Products shall pass to Customer on Delivery. DDP construction site [***] Customer shall be deemed to have taken delivery of the Products on the Delivery Date even if Customer or its freight forwarded carriers, fails to physically take delivery of the Products on or after the Delivery Date, in which event Customer shall, in addition to the Product Price, be liable to compensate REC [***] for the costs incurred by REC [***] arising from such failure, including without limitation, storage, transportation and man-handling costs. Miscellaneous (if applicable): Payment please see spreadsheet showing payment schedule Master Supply Agreement – [***] 9 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. By completing this Purchase Order, the Customer agrees to purchase, and REC [***] agrees to deliver, Products on the term and conditions set out in the Agreement and in this Purchase Order. Date: Date: REC Americas [***] POWERSECURE SOLAR, LLC By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Vice President - General Manager [***] [***] [***] [***] [***] Master Supply Agreement – [***] 10 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. SCHEDULE 10.1 – LIMITED WARRANTY CERTIFICATE Master Supply Agreement – [***] 11 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. REC [***] Limited Warranty Certificate for REC Peak Energy Modules 1 [***] (valid as of September 1, 2011) This Limited Warranty covers all modules with the REC Peak Energy [***] name (as defined above) sold after September 1, 2011 or later and is valid only in Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx xxx Xxxxx Xxxxxxx0 . REC MODULES PTE, LTD. [***] (hereafter the ‘Warrantor’ or ‘REC’[***]) issues the following voluntary warranty to the end-user who purchased the Productin one of the above mentioned countries and put the Product into use for the first time (the ‘Original End-User’). In addition to the rights under this Limited Warranty, the Original End-User may be entitled to statutory warranty rights under applicable national laws which shall not be affected or limited in any way by this Limited Warranty.