Common use of Shipping & Delivery Clause in Contracts

Shipping & Delivery. 5.1. Except as provided in Section 4.2 above, shipments shall be made from the Facility on a monthly basis in accordance with a shipment schedule that will be provided by HOKU each Year under this Agreement and reviewed and approved by JINKO (the “Shipment Schedule”) no later than **** days prior to the applicable Year. The Shipment Schedule shall provide for approximately equal monthly shipments that add up to the Minimum Annual Quantity of Products (the “Minimum Monthly Quantity”), but not less than **** of the Minimum Annual Quantity of Products (the “Guaranteed Monthly Quantity”). HOKU will use commercially reasonable efforts to make monthly shipments available on or about the fifteenth (15th) day of each month, and will advise JINKO approximately seven (7) days prior to the expected ship date; provided, however, that JINKO may request an alternate shipping date that is within fourteen (14) days after the advised schedule. Product shall be ready to ship EXW the HOKU Facility (INCOTERMS 2000). 5.2. HOKU will use commercially reasonable efforts to make available to JINKO its first shipment of Products on December 1, 2009. Notice of any expected delay beyond this date shall be in writing to JINKO not later than September 1, 2009. JINKO Initials & Date HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission.

Shipping & Delivery. 5.1. Except as provided in Section 4.2 above, shipments shall be made from the Facility on a monthly basis in accordance with a shipment schedule that will be provided by HOKU each Year under this Agreement and reviewed and approved by JINKO (the “Shipment Schedule”) no later than [**** ] days prior to the applicable Year. The Shipment Schedule shall provide for approximately equal monthly shipments that add up to the Minimum Annual Quantity of Products (the “Minimum Monthly Quantity”), but not less than [**** ] of the Minimum Annual Quantity of Products (the “Guaranteed Monthly Quantity”). HOKU will use commercially reasonable efforts to make monthly shipments available on or about the fifteenth (15th) day of each month, and will advise JINKO approximately seven (7) days prior to the expected ship date; provided, however, that JINKO may request an alternate shipping date that is within fourteen (14) days after the advised schedule. Product shall be ready to ship EXW the HOKU Facility (INCOTERMS 2000). 5.2. HOKU will use commercially reasonable efforts to make available to JINKO its first shipment of Products on December 1, 2009. Notice of any expected delay beyond this date shall be in writing to JINKO not later than September 1, 2009. JINKO Initials & Date HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission.

Shipping & Delivery. 5.14.1. Except as provided in Section 4.2 3.2 above, shipments shall be made from the Facility on a monthly basis in accordance with a shipment schedule that will be provided by HOKU each Year under this Agreement and reviewed and approved by JINKO KINKO (the “Shipment Schedule”) no later than **** sixty (60) days prior to the applicable Year. The Shipment Schedule shall provide for approximately equal monthly shipments that add up to the Minimum Annual Quantity of Products (the “Minimum Monthly Quantity”)Products, but not less than [**** ] of the Minimum Annual Quantity of Products (the “Guaranteed Monthly Quantity”)Products. HOKU will use commercially reasonable efforts to make monthly shipments available on or about the fifteenth (15th) day of each month, and will advise JINKO KINKO approximately seven (7) days prior to the expected ship date; provided, however, that JINKO KINKO may request an alternate shipping date that is within fourteen (14) days after the advised schedule. Product shall be ready to ship EXW FOB the HOKU Facility (INCOTERMS 2000). 5.24.2. HOKU will use commercially reasonable efforts to make available to JINKO KINKO its first shipment of Products on or before December 1, 2009. Notice of any expected Any delay beyond this date (but no later than December 31, 2009) shall be in writing given by written notice to JINKO KINKO not later than September 1, 2009[*]. JINKO KINKO Initials & Date __XDL July 25, 2008________ HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission.__DS_________________________