SUPPLEMENTARY AGREEMENT
Exhibit
4.83
No.
TM220090007
This
Agreement is hereby entered into by and between China Sunergy (Nanjing) Xx.Xxx.,
a China business, with its principal place of business at XX.000, XxXxxxx Xxxx
Xxxx, Xxxxxxxxx Xxxxxxxx & Xxxxxxxxx Xxxxxxxxxxx Xxxx, Xxxxxxx 000000, Xxxxx
(“Party A”) and
SunPower Philippines Manufacturing, Ltd., a Cayman Islands business, with its
principal place of business at # 000 Xxxx Xxxx Xxxxxx, Special Export Processing
Xxxx, Xxxxxx Xxxxxx Xxxx, Xxxxx, Xxxxxx, Xxxxxxxxxxx (“Party B”), and CEEG
(Shanghai) Solar Science & Technology Co., Ltd., a China business, with its
principal place of business at 4H, Hongqiao Business Xxxxxxxx, Xx.0000, Xxxxxxxx
Xx., Xxxxxxxx. China (“Party C”), effective
as of November 17th, 2009 (the “Effective Date”). The Party A , Party
B and Party Care are collectively referred to herein as the
“Parties”.
NOW, THEREFORE, BE IT
RESOLVED, that in consideration of the above recitals and the mutual
covenants made herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
1. Party B has provided
twenty tons of polycrystalline silicon material to Party A, amounting to
a total of 6,000,000 U.S. dollars. Party A has paid for
2,000,000 U.S. dollars to Party B in July 3,
2009. After the parties’ consultation agreement, the Party A will pay
600,000 dollars again to the Party B. Therefore,
The Party B should release the Party A from unpaid amount (3,400,000 U.S.
dollars) .Then ,the parties agree to terminate original polycrystalline silicon
material supply contract (This polycrystalline silicon material supply contract
was signed on November 24th 2008
and contract number is CG120080309 that between Party
A and Party B). The payment for 600,000 U.S. dollars shall be issued before
December 31st 2009.
2. The
parties agreed to terminate original solar module supply contract (This solar
module supply contract was signed on November 24th 2008
that between Party
B and Party
C). Party C agreed to pay the arrear to Party A before December 31st
2009.
3. Upon
termination of above polycrystalline silicon material and solar module supply
contract, a performance which has not been rendered is discharged.
4. After
the contracts mentioned foregoing are terminated, Each party forever release and
discharge the others from all claims, debts, allegations, actions causes of
action and demands, whether known or unknown, arising from or in connection with
the claim and existing as the date of this settlement contract, including
without limitation any liability for any costs connected with or arising out of
the subject matter of the claim.
5. This
agreement is effective when it is signed or sealed by the parties.
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PARTY A:
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China
Sunergy (Nanjing) Xx.Xxx.
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PARTY B:
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SunPower Philippines Manufacturing, Ltd. | |
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By:
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/s/ |
By:
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/s/ | |
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Print
Name:
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Print
Name:
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Date:
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11/26/09 |
Date:
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11/26/09 | |
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PARTY C:
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CEEG (Shanghai) Solar Science & Technology Co., Ltd. | |||
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By:
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/s/ | |||
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Print
Name:
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Date:
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