PARTNERSHIP AGREEMENT (draft)
(draft)
Between
RWE XXXXXX Solar GmbH “RSS”
Xxxx-Xxxxx Xxxxxxx 0, 00000 Xxxxxxx – Germany
represented by Xxxxxxx Xxxxx, Managing Director and Xx. Xxxx Xxxxxx, Managing Director
and
SES Societe d’Energie Solaire SA “SES”
route de Xxxxx-Xxxxxx 000, 0000 Xxxx-xxx-Xxxxxx – Switzerland
represented by Xx. Xxxxxx Xxxxxxx, President
Preamble
RSS is planning to enter into a solar technology partnership with SES.
The purpose of the partnership is to provide long-term support to SES for all its activities relating to the production of modules using RSS solar cells and the implementation of photovoltaic projects.
In order to be able to serve the local Swiss markets and offer added value to the financial customers, the production headquarters must be in Geneva.
Partnership
RSS will deliver solar cells to SES at competitive prices. Prices will be set so as to allow SES to produce modules for a sale price of 3.00 euros / Wp, if SES can laminate the modules at competitive costs.
The target volume for this commercial relationship will be 1 MW per year. Terms and conditions (prices, payment, timeline) are to be established.
In addition to supplying solar cells, RSS will also be available as a consultant in connection with the marketing of the photovoltaic modules.
Advertising
RSS agrees that
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the name “RWE XXXXXX Solar” will be used in advertising material written to demonstrate the quality of the solar cells used in the photovoltaic modules, |
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SES’s stationary (letterhead, etc.) will say “Partner of RWE XXXXXX Solar”, |
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the photovoltaic modules developed will be labeled “manufactured by SES – Made in Switzerland”. |
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Commercial exchanges
With regard to its photovoltaic projects, SES will have access to all the standard modules available from RSS and will have guaranteed regional representation for “western Switzerland” (French-speaking Switzerland).
Exclusivity contract
SES and RSS will sign a representation contract for “western Switzerland” (French-speaking Switzerland) by which RSS will agree to respect the exclusive commercial rights granted to SES.
This commercial agreement is aimed at achieving sales in the order of around 250 kWp of RSS modules per year.
Duration
This agreement comes into force when it is signed by SES and RSS, and it will be valid as of December 31, 2004. The agreement may be extended if SES and RSS confirm this extension with a contract.
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