Common use of Volume Clause in Contracts

Volume. 3.3.1 The volume of Products to be purchased by Buyer and to be supplied by Seller during the Term of this Agreement shall be in accordance with Exhibit C. Seller may make an adjustment (increase or decrease) to the monthly supply volume set forth in Exhibit C by no more than *** and such adjustment will not be construed as a breach as a result of delayed delivery or short delivery. Notwithstanding the foregoing, the supply volume of any given month shall not be less than *** of the volume set forth in Exhibit C, and Seller shall, within *** commencing from the first day of the following month, make up for the short supply. The Price of the Product so supplied shall be the Price for the month when such make up delivery is made. If the monthly supply volume exceeds the volume set forth in Exhibit C, then the exceeding portion shall be deducted from the supply volume for the following month and the Price for the exceeding portion shall be the same as Price in the following month. In addition, the Parties agree that upon the execution of this Agreement, neither Party may require an adjustment of the supply volume on any grounds in the absence of written agreement by the Parties. The volume actually supplied in a given year shall equal to the volume agreed for that year herein. 3.3.2 Both Parties agree that the following method will be adopted to adjust the monthly supply volume: (a) If Seller intends to decrease the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is decreased by more than *** of the original supply volume, Seller shall still be deemed as breaching this Agreement and shall be liable for a penalty in connection with the exceeding portion according to Clause 8.2. Buyer shall unconditionally accept the monthly supply volume of the Products if it is adjusted by Seller pursuant to Clause 3.3.1 in this Agreement. (b) If Seller intends to increase the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is increased by more than *** of the original supply volume, Buyer may in its discretion choose to reject or accept the exceeding portion. If Buyer keeps the exceeding portion it shall pay for the Products at the Price for the following month, provided that the Buyer may pay for the Product at the Price for the given month if it so agrees. Buyer shall unconditionally accept the monthly Product supply volume if Seller’s adjustment is in compliance with the provisions herein. If Buyer has difficulty in making the Payment for the increased supply, Seller should give Buyer a *** grace period, during which Buyer will be excused from default liability unless Buyer fails to make the full payment for the original supply volume, provided that Seller is entitled to refuse to deliver the Products before it receives the full Payment for the increased portion of Products. (c) Any short supply as a result of an adjustment that is not made according to Article 3.3.2 (a) or Article 3.3.2 (b) (including the case where Seller did not give early notice) will not be entitled to the *** buff provided in Article 3.3.1, and Seller shall be liable for a penalty relating to such shortage pursuant to Article 8.

Volume. 3.3.1 The volume of Products to be purchased by Buyer and to be supplied by Seller during the Term of this Agreement shall be in accordance with Exhibit C. Seller may make an adjustment (increase or decrease) to the monthly supply volume set forth in Exhibit C by no more than *** and such adjustment will not be construed as a breach as a result of delayed delivery or short delivery. Notwithstanding the foregoing, the supply volume of any given month shall not be less than *** of the volume set forth in Exhibit C, and Seller shall, within *** commencing from the first day of the following month, make up for the short supply. The Price of the Product so supplied shall be the Price for the month when such make up delivery is made. If the monthly supply volume exceeds the volume set forth in Exhibit C, then the exceeding portion shall be deducted from the supply volume for the following month and the Price for the exceeding portion shall be the same as Price in the following month. In addition, the Parties agree that upon the execution of this Agreement, neither Party may require an adjustment of the supply volume on any grounds in the absence of written agreement by the Parties. The volume actually supplied in a given year shall equal to the volume agreed for that year herein. 3.3.2 Both Parties agree that the following method will be adopted to adjust the monthly supply volume: (a) If Seller intends to decrease the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is decreased by more than *** of the original supply volume, Seller shall still be deemed as breaching this Agreement and shall be liable for a penalty in connection with the exceeding portion according to Clause 8.2. Buyer shall unconditionally accept the monthly supply volume of the Products if it is adjusted by Seller pursuant to Clause 3.3.1 in this Agreement. (b) If Seller intends to increase the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is increased by more than *** of the original supply volume, Buyer may in its discretion choose to reject or accept the exceeding portion. If Buyer keeps the exceeding portion it shall pay for the Products at the Price for the following month, provided that the Buyer may pay for the Product at the Price for the given month if it so agrees. Buyer shall unconditionally accept the monthly Product supply volume if Seller’s adjustment is in compliance with the provisions herein. If Buyer has difficulty in making the Payment for the increased supply, Seller should give Buyer a *** grace period, during which Buyer will be excused from default liability unless Buyer fails to make the full payment for the original supply volume, provided that Seller is entitled to refuse to deliver the Products before it receives the full Payment for the increased portion of Products. (c) Any short supply as a result of an adjustment that is not made according to Article 3.3.2 (a) or Article 3.3.2 3.3.2 (b) (including the case where Seller did not give early notice) will not be entitled to the *** buff provided in Article 3.3.1, and Seller shall be liable for a penalty relating to such shortage pursuant to Article 88.2. If the delivered volume after monthly adjustment is less than *** of the original supply volume set forth in Exhibit C, Seller should be liable for its breach pursuant to Article 8.2. *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION.

Volume. 3.3.1 The volume of Products to be purchased by Buyer and to be supplied by Seller during the Term of this Agreement shall be in accordance with Exhibit C. Seller B (the total volume of Product to be supplied under this Agreement shall be 510 tonnes). Both Parties may make an adjustment (increase or decrease) according to Clause 3.3.2 to the monthly supply volume set forth of Products (as stipulated in Exhibit C B) to be supplied in the following month by no more than *** and such adjustment will not be construed as a breach as a result of delayed concerning delivery or short deliveryacceptance under this Agreement. Notwithstanding the foregoing, the supply adjusted volume of to be supplied and accepted in any given month shall not be less than *** of the volume original volumes set forth in Exhibit CB hereto, and Seller both Parties shall, within *** commencing from the first day of the following month, make up for coordinate to rebalance the short supply. The Price of the Product so supplied shall be the Price for the month when such make up delivery is made. If the monthly supply volume exceeds (so that total volume of Product actually supplied adheres to the total volume set forth in Exhibit C, then the exceeding portion shall be deducted from the B). Such adjustment to supply volume for the following month and the Price for the exceeding portion shall be the same as Price not exceed *** times in the following montha given year. In addition, the Parties agree that upon the execution of this Agreement, neither Party may require an the adjustment of the supply volume on any grounds in the absence of written agreement by the Parties. The volume actually supplied in a given year shall equal to the volume agreed for that year herein. 3.3.2 Both Parties hereby agree that the following method will be adopted to adjust the monthly supply volumevolume according to the following procedures: (a) If In the event that Seller (or Buyer) intends to decrease reduce the monthly Product supply volume as stipulated in Exhibit B for any given month, it shall notify the other Party of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed adjusted supply volume for in writing prior to the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is decreased by more than *** of the original supply volume, Seller shall still be deemed as breaching this Agreement and shall be liable previous month for a penalty in connection with the exceeding portion according to Clause 8.2. Buyer shall unconditionally accept the monthly supply volume of the Products if it is adjusted by Seller pursuant to Clause 3.3.1 in this Agreement. (b) If Seller intends to increase the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer that given *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the ProductsCONFIDENTIAL TREATMENT REQUESTED. However, if the supply volume is increased by more than *** of the original supply volume, Buyer may in its discretion choose to reject or accept the exceeding portion. If Buyer keeps the exceeding portion it shall pay for the Products at the Price for the following month, provided that the Buyer may pay for the Product at the Price for the given month if it so agrees. Buyer shall unconditionally accept the monthly Product supply volume if Seller’s adjustment is in compliance with the provisions herein. If Buyer has difficulty in making the Payment for the increased supply, Seller should give Buyer a *** grace period, during which Buyer will be excused from default liability unless Buyer fails to make the full payment for the original supply volume, provided that Seller is entitled to refuse to deliver the Products before it receives the full Payment for the increased portion of ProductsCONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. (c) Any short supply as a result of an adjustment that is not made according to Article 3.3.2 (a) or Article 3.3.2 (b) (including the case where Seller did not give early notice) will not be entitled to the *** buff provided in Article 3.3.1, and Seller shall be liable for a penalty relating to such shortage pursuant to Article 8.

Volume. 3.3.1 The volume of Products to be purchased by Buyer and to be supplied by Seller during i. If Company timely delivers a Purchase Order, the Term of this Agreement same shall be in accordance with Exhibit C. Seller may make an adjustment (increase or decrease) deemed accepted by Supplier as to the monthly supply volume set forth in Exhibit C by no more than *** and such adjustment will not be construed as a breach as a result of delayed delivery or short delivery. Notwithstanding the foregoing, the supply volume of any given month shall not be less than *** of the volume set forth therein, up to an aggregate volume of Material equal to the applicable prorated monthly Contract Volume plus the Below 80% Volume Reserve (as defined below) that Company is entitled to purchase as of such month plus the Deferred Contract Volume Reserve (as defined below) that Company is entitled to purchase as of such month, the aggregate of which shall not exceed 120% of the prorated monthly Contract Volume (the “Maximum Aggregate Contract Volume”). If Company issues a Purchase Order for quantities of Material in Exhibit Cexcess of such Maximum Aggregate Contract Volume for a particular month, and Seller shall, Supplier will notify Company within five (5) Business Days of receipt of *** commencing Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. the Purchase Order as to whether Supplier accepts or rejects the portion of the Purchase Order relating to such excess quantity for the applicable month; provided, that it is understood that the Discount (as defined below) shall not be applicable to the price of any Material acquired over one hundred percent (100%) of the Contract Volume in any given month. i. If Company elects to exercise a Contract Volume Option for any particular month for a volume of Material not less than eighty percent (80%) but less than one hundred percent (100%) of the scheduled Contract Volume, then the difference between one hundred percent (100%) of the scheduled Contract Volume for the applicable month and the actual volume of Material purchased by Company from Supplier for that month that is not below eighty percent (80%) of the first day Contract Volume will be deferred and accrued for future purchase by Company (the “Deferred Contract Volumes,” and the aggregate of such Deferred Contract Volumes that remain unpurchased by the Company as of any point in time, collectively the “Deferred Contract Volume Reserve”). ii. If Company elects to exercise a Contract Volume Option for any particular month for a volume of Material less than eighty percent (80%) of the scheduled Contract Volume, for any reason other than a Force Majeure Event (as defined in Section 3.n), then: (1) Subject to clauses (2) and (3) below, the difference between eighty percent (80%) of the scheduled Contract Volume for the applicable month and the actual volume of Material purchased by Company from Supplier for that month will be deferred and accrued for future purchase by Company (the “Below 80% Volumes,” and the aggregate of such Below 80% Volumes that remain unpurchased by the Company as of any point in time, collectively the “Below 80% Volume Reserve”). (2) The Below 80% Volumes from any particular month shall remain in the Below 80% Volume Reserve and available for purchase by the Company for the remainder of the calendar year in which such month occurs (the “Below 80% Occurrence Year”) and until the end of the following calendar year. (3) At the end of each calendar year Company will forfeit its Contract Volume Option to purchase Below 80% Volumes from the calendar year prior to such calendar year that remain unpurchased by Company and such forfeited volumes shall be removed from the Below 80% Volume Reserve but shall reduce Company’s option to purchase *** tons of Material *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. on a ton for ton basis. For the avoidance of doubt, the process contemplated by this clause (3) shall not begin until the end of the second calendar following the Commencement Option Date. (4) With respect to any Below 80% Volumes forfeited pursuant to clause (3) above (unless such Below 80% Volumes were initially deferred pursuant to clause (1) above in a month in which 50% or less of the frac fleet of Company and its affiliates were operating, in which case this clause (4) does not apply), Company shall pay to Supplier an amount equal to $*** per ton for 33% of such forfeited Below 80% Volumes. Such payment shall be due from Company within thirty (30) days after the Material is forfeited. (5) Company’s discount for products purchased in such calendar month, make up for the short supply. The Price if any, will be reduced by fifty percent (50%) of the Product so supplied then current Discount rate per ton purchased. (6) The Deferred Contract Volume for such month shall be 20% of the Price scheduled Contract Volume for such month, which amount shall be added to the month when such make up delivery is madeDeferred Contract Volume Reserve. iii. If in any month, Company elects to exercise a Contract Volume Option for at least 80% of the monthly supply scheduled Contract Volume for such month, then volume exceeds of Material purchased in excess of such 80% threshold shall be allocated first against the then current Below 80% Volume Reserve (on a first-in/first-out basis from the Below 80% Volume Reserve), which shall be reduced by the amount of such excess over the 80% threshold. For the sake of clarity, the Discount shall apply to all such purchases, regardless of whether the volume is counted against the Below 80% Volume Reserve, the Deferred Contract Volume Reserve or otherwise except as specifically set forth in Exhibit CSection 1.b.iii(5) and the last sentence of Section 1.b.i. Company will have the right to purchase volumes in excess of the scheduled Contract Volume for any given month by drawing against the accrued Below 80% Volume Reserve, if any, provided that in a given month Company will not have the right to draw more than the Maximum Aggregate Contract Volume and the Discount shall not be applicable to any tons purchased exceeding one hundred percent (100%) of the prorated Contract Volume as set for in Section 1.b.i for such month. iv. Supplier acknowledges and agrees that Company is relying on the Supplier to provide the scheduled Contract Volumes on a monthly basis. In the event that Company timely delivers a Purchase Order up to the applicable Maximum Aggregate Contract Volume for any given month, and Supplier is unable to provide the volumes requested in Company’s Purchase Order for any reason other than a *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Force Majeure Event, then Company’s discount for Material purchased in that calendar month will be increased by fifty percent (50%) of the exceeding portion then current discount rate per ton purchased. For the avoidance of doubt, any volume of Materials ordered by Company, but not delivered by Supplier, shall not be deducted from considered part of the supply volume for Deferred Contract Volume Reserve or the following month and Below 80% Volume Reserve, or counted against the Price for the exceeding portion shall be the same as Price in the following month. In addition, the Parties agree that upon the execution *** tons of Material to which Company is entitled to purchase under this Agreement, neither Party may require an adjustment of . v. The Parties will review the supply volume Contract Volume Schedule on any grounds in the absence of written agreement a calendar year basis and make such revisions that are mutually agreed to by the Parties. The volume actually supplied In the event that the Parties are unable to agree upon any revisions to the Contract Volume Schedule, then the Contract Volume Schedule in a given effect for the prior calendar year shall equal continue to the volume agreed for that year herein. 3.3.2 Both Parties agree that the following method will be adopted to adjust the monthly supply volume: (a) If Seller intends to decrease the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume effect for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is decreased by more than *** of the original supply volume, Seller shall still be deemed as breaching this Agreement and shall be liable for a penalty in connection with the exceeding portion according to Clause 8.2. Buyer shall unconditionally accept the monthly supply volume of the Products if it is adjusted by Seller pursuant to Clause 3.3.1 in this Agreementsubsequent calendar year. (b) If Seller intends to increase the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is increased by more than *** of the original supply volume, Buyer may in its discretion choose to reject or accept the exceeding portion. If Buyer keeps the exceeding portion it shall pay for the Products at the Price for the following month, provided that the Buyer may pay for the Product at the Price for the given month if it so agrees. Buyer shall unconditionally accept the monthly Product supply volume if Seller’s adjustment is in compliance with the provisions herein. If Buyer has difficulty in making the Payment for the increased supply, Seller should give Buyer a *** grace period, during which Buyer will be excused from default liability unless Buyer fails to make the full payment for the original supply volume, provided that Seller is entitled to refuse to deliver the Products before it receives the full Payment for the increased portion of Products. (c) Any short supply as a result of an adjustment that is not made according to Article 3.3.2 (a) or Article 3.3.2 (b) (including the case where Seller did not give early notice) will not be entitled to the *** buff provided in Article 3.3.1, and Seller shall be liable for a penalty relating to such shortage pursuant to Article 8.

Volume. 3.3.1 The volume of Products to be purchased by Buyer and to be supplied by Seller during the Term of this Agreement shall be in accordance with Exhibit C. B (the total polysilicon supply volume under this Agreement is 1,920 tonnes). Seller may make an adjustment (increase or decrease) to the monthly supply volume set forth in Exhibit C B by no more than *** and such adjustment will not be construed as a breach as a result of delayed delivery or short delivery. Notwithstanding the foregoing, the supply volume of any given month shall not be less than *** of the volume set forth in Exhibit CB, and Seller shall, within *** commencing from the first day of the following month, make up for the short supply. The Price of the Product so supplied shall be the Price for *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. the month when such make make-up delivery is made. If the monthly supply volume exceeds the volume set forth in Exhibit C, then the exceeding portion shall be deducted from the supply volume for the following month and the Price for the exceeding portion shall be the same as Price in the following month. In addition, the Parties agree that upon the execution of this Agreement, neither Party may require an adjustment of the supply volume on any grounds in the absence of written agreement by the Parties. The volume actually supplied in a given year shall equal to the volume agreed for that year herein. 3.3.2 Both Parties agree that the following method will be adopted to adjust the monthly supply volume: (a) If Seller intends to decrease the monthly supply volume of the Products set out in Exhibit CB, it should notify Buyer before the *** in advance day of any particular month its proposed supply volume for the given installment as well as the adjusted monthly supply volume following month by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is decreased by more than *** of the original supply volume, Seller shall still be deemed as breaching this Agreement and shall be liable for a penalty in connection with the exceeding portion according to Clause 8.2. Buyer shall unconditionally accept the monthly supply volume of the Products if it is adjusted by Seller pursuant to Clause 3.3.1 in this Agreement. (b) If Seller intends to increase the monthly supply volume of the Products set out in Exhibit C, it should notify Buyer *** in advance its proposed supply volume for the given installment as well as the adjusted monthly supply volume by delivering a written Notice on Adjustment to Monthly Supply Volume of the Products, which shall set forth the amended supply volume and Payment for the Products. However, if the supply volume is increased by more than *** of the original supply volume, Buyer may in its discretion choose to reject or accept the exceeding portion. If Buyer keeps the exceeding portion it shall pay for the Products at the Price for the following month, provided that the Buyer may pay for the Product at the Price for the given month if it so agrees. Buyer shall unconditionally accept the monthly Product supply volume if Seller’s adjustment is in compliance with the provisions herein. If Buyer has difficulty in making the Payment for the increased supply, Seller should give Buyer a *** grace period, during which Buyer will be excused from default liability unless Buyer fails to make the full payment for the original supply volume, provided that Seller is entitled to refuse to deliver the Products before it receives the full Payment for the increased portion of Products. (c) Any short supply as a result of an adjustment that is not made according to Article 3.3.2 (a) or Article 3.3.2 (b) (including the case where Seller did not give early notice) will not be entitled to the *** buff provided in Article 3.3.1, and Seller shall be liable for a penalty relating to such shortage pursuant to Article 8.Article