EXHIBIT 10(am)
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AMENDMENT No. 1 to
PURCHASE AND SALE AGREEMENT
60MW SOLAR CELL PRODUCTION LINE,
For 156mm Multi Crsytalline Solar Cells
between
SPIRE CORPORATION
and
UNI-CHEM CO., LTD.
This Amendment is made effective September 17, 2009, by and between Spire
Corporation ("Spire") and Uni-CHEM Co., Ltd. ("Uni-CHEM") to amend the Purchase
and Sale Agreement: 60MW Solar Cell Production Line dated August 26, 2009 ("Cell
Agreement"; individually referred to as "Party" and collectively referred to as
"Parties").
WHEREAS, the Parties entered into a Cell Agreement on August 26, 2009;
WHEREAS, the Parties intend to restate and revise certain intents and
obligations within the MOA;
NOW THEREFORE, the Parties agree to and shall amend the Cell Agreement as
follows:
1. Article 3 shall be amended to state that the Products will be shipped
to Buyer on or before July 20, 2010.
2. Article 3 (NOTE) shall be amended to state that the shipment schedule
is contingent on Seller's receipt of Buyer's initial non-refundable
down payment on or before November 20, 2009.
3. Article 4(b) shall be amended to state that the shipment schedule is
contingent on Seller's receipt of Buyer's initial non-refundable down
payment on or before November 20, 2009.
4. Article 5(a)(ii) shall be amended to state that the down payment shall
be received on or before November 20, 2009.
5. Attachment A(11) shall be amended to state that shipment will be made
"on or before July 20, 2010."
Except as expressly set forth herein, all other terms and conditions of the Cell
Agreement shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and these
Amendments as of the date first above written.
Offered By: Acknowledged and Accepted By:
Spire Corporation Uni-CHEM CO., Ltd.
/s/ Xxxxxx X. XxXxxxx /s/ Xxxxxx Xxx
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By By
C.O.O. Chairman
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Title Title
Sept. 17, 2009 September 17, 2009
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Date Date
