Supplementary Agreement
Exhibit
4.82
English Translation of
Chinese Language Document
Supplementary
Agreement
Contract
No.: TM220090003
Signing
Place: Jiangning District, Nanjing
Through
amicable consultation, the parties hereof agreed to make the below modifications
to the relevant provisions in the following sales contracts and their
supplementary agreement (contract No.: XS120080288, XS120080298 and
XS120080322):
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1.
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Goods
content
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Subject
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Specification
and parameter
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Quantity
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Unit
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Unit
price (USD/W)
exclude
17% value
added-tax
(VAT)
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Amount
(USD)
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Monocrystalline
125*125 mm silicon solar cells
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Monocrystalline
125*125 mm
Individual
efficiency: ≥ 16.75%
Average
efficiency: 17.25%
(SE
or HP)
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2.5
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MW
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3.65
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9,125,000.00
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In
total
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2.5
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MW
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3.65
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9,125,000.00
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This
agreement shall be settled in RMB. The RMB unit price per watt of solar
cells shall equal to the product of USD3.65 multiplied by the benchmark
rate of USD against RMB announced by the Bank of China at the date when
the Buyer pays 30% total price of the delivered solar cells as prepayment
and further multiplied by 1.17.
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Remark:
the RMB price includes 17%
VAT.
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2.
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The
Seller has delivered all the monocrystalline 125*125 mm silicon solar
cells totaling 2.5MW as specified in the sales contracts and their
supplementary agreement (contract No.: XS120080288, XS120080298 and
XS120080322) to the Buyer. The Buyer will use such 2.5MW monocrystalline
125*125 mm silicon solar cells in accordance with its agreement with
SUNPOWER.
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3.
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The
remaining purchase price payable shall be settled according to the
original agreements (contract No.: XS120080288 and XS120080298). The Buyer
shall pay the remaining purchase price of RMB38,231,645.48 to the Seller
within 30 days after the effectiveness of this
agreement.
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4.
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Through
amicable consultation between the Buyer and the Selller, the Seller shall
sell monocrystalline 156*156 mm silicon solar cells totaling 2.5MW to the
Buyer at the unit price of RMB12 per watt and the Buyer shall sell such
solar cells to SUNPOWER at the price of USD3.65 per
watt.
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5.
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Other
provisions shall be performed in accordance with the original agreements
and their supplementary agreement (contract No.: XS120080288, XS120080298
and XS120080322).
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6.
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This
agreement shall become effective upon signature and seal by the Buyer and
the Seller.
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The
Seller: China Sunergy (Nanjing) Co., Ltd.
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The
Buyer: CEEG (Shanghai) Solar Science & Technology Co.,
Ltd.
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Signature/seal:
/s/
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Signature/seal:
/s/
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Date:
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Date:
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