FORM OF EMPLOYMENT AGREEMENTForm of Employment Agreement • January 12th, 2010 • Daqo New Energy Corp. • New York
This EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of , by and between Daqo New Energy Corp., a company incorporated and existing under the laws of the Cayman Islands (the “Company”) and , an individual (the “Executive”). The term “Company” as used herein with respect to all obligations of the Executive hereunder shall be deemed to include the Company and all of its direct or indirect parent companies, subsidiaries, affiliates, or subsidiaries or affiliates of its parent companies (collectively, the “Group”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • January 12th, 2010 • Daqo New Energy Corp. • New York
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made as of , 2009, by and between Daqo New Energy Corp., an exempted company duly incorporated and validly existing under the law of the Cayman Islands (the “Company”), and (the “Indemnitee”), a director of the Company.
Amendment to Construction ContractConstruction Contract • January 12th, 2010 • Daqo New Energy Corp.
This Amendment is entered into by and between Daqo New Material Company Limited as the owner (hereinafter the “Owner”) and China Tianchen Chemical Engineering Co., Ltd. as the general contractor (hereinafter the “Contractor”) on July 10, 2007 for the purpose of amending the Construction Contract dated June 27, 2007 (hereinafter the “Original Contract”). The parties hereby agree as follows:
Supplemental AgreementSupplemental Agreement • January 12th, 2010 • Daqo New Energy Corp.
Pursuant to the principles set forth in the Strategic Cooperation Agreement dated December 3, 2008, Party A and Party B negotiated on certain matters not specified therein, such as price lock-up and its implementation procedures, on December 12, 2008 and agreed as follows:
Construction ContractConstruction Contract • January 12th, 2010 • Daqo New Energy Corp.
This Contract is entered into by and between Daqo New Material Co., Ltd. as the owner (hereinafter the “Owner”) and China Tianchen Chemical Engineering Co., Ltd. as the general contractor (hereinafter the “Contractor”) on June 27, 2007 for the purpose of constructing a polysilicon project with an annual output of 1,500 tons.
Loan Contract (in RMB) China Construction Bank Chongqing BranchEnglish Translation • January 12th, 2010 • Daqo New Energy Corp.
Party A applies to Party B for a loan and Party B agrees to grant a loan to Party A. In accordance with relevant laws and regulations, the parties hereby enter into this Contract after negotiations.
By and Between Light Way Green New Energy Co., Ltd. And Chongqing Daqo New Energy Co., Ltd. Contract No.: DQGW100109 Party A: Light Way Green New Energy Co., Ltd. Party B: Chongqing Daqo New Energy Co., Ltd. Date: January 9, 2010 Signing Place: New...Daqo New Energy Corp. • January 12th, 2010
Registered Address: New Industrial Park, Gao Bei Dian (Dongsheng Office, north side of Gaogu Road, Southeast to the Qian Jia Ying Village)
Sales and Purchase Contract Between Yingli Green Energy Holding Company Limited And Chongqing Sailing New Energy Co., Ltd Signed at: Wanzhou, ChongqingDaqo New Energy Corp. • January 12th, 2010
Party A includes subsidiaries controlled by Yingli Green Energy Holding Company Limited, Baoding Tianwei Yingli New Energy Sources Co., Ltd and Yingli (China) New Energy Sources Co., Ltd.
Strategic Cooperation AgreementEnglish Translation • January 12th, 2010 • Daqo New Energy Corp.
Party A and Party B, abiding by the principles of cooperation, win-win, equality and mutual benefit, after friendly negotiation, hereby enter into this agreement for the purpose of establishing an upstream-downstream strategic cooperation relationship in the solar energy industry with an aim to create a competitive photovoltaic industrial chain.
SUPPLEMENTARY AGREEMENT TO THE AMENDED AND RESTATED LEASE AGREEMENTSupplementary Agreement • January 12th, 2010 • Daqo New Energy Corp.
This supplementary agreement to the amended and restated lease agreement (the “Supplementary Agreement”) is entered into by and between the following two parties and shall take effect on November 9, 2009:
Trademark License AgreementTrademark License Agreement • January 12th, 2010 • Daqo New Energy Corp.
In accordance with the Trademark Law of the People’s Republic of China (the “Trademark Law”) and the Rules for the Implementation of the Trademark Law of the People’s Republic of China (the “Implementation Rules”), in order to clarify the rights and obligations of both parties, the Licensor and the Licensee hereby enter into this Trademark License Agreement after negotiated in good faith.
Sales and Purchase Contract Between Yingli Green Energy Holding Company Limited And Chongqing Daqo New Energy Co., Ltd. Contract No.: 2008YGE40004-5 Date: August 12, 2009Daqo New Energy Corp. • January 12th, 2010
Party A includes subsidiaries controlled by Yingli Green Energy Holding Company Limited, Baoding Tianwei Yingli New Energy Sources Co., Ltd. and Yingli (China) New Energy Sources Co., Ltd.
Construction ContractEnglish Summary • January 12th, 2010 • Daqo New Energy Corp.
This Contract is entered into by and between Chongqing Daqo New Energy Co., Ltd. as the owner (hereinafter the “Owner”) and China Tianchen Engineering Co., Ltd. as the general contractor (hereinafter the “Contractor”) on August 28, 2008 for the purpose of constructing a polysilicon project with an annual output of 1,800 tons.
Technology License and Engineering Services Contract Between Chongqing DAQO New Energy Co., LTD Wanzhou Industrial Park 404000 Wanzhou, Chongqing P.R. China and Poly Engineering S.r.l Via Galileo Ferraris 13 Monza / Milano Italy June 15th, 2008Daqo New Energy Corp. • January 12th, 2010
Chongqing DAQO New Energy Co., LTD (“Customer” or “DAQO”), a limited liability company incorporated under the laws of the People’s Republic of China with the registered address at Wanzhou Industrial Park, Wanzhou, Chongqing, intends to erect a facility in the People’s Republic of China for the production of silicon polycrystal for use in the semiconductor and solar energy industry.
Sales and Purchase Contract By and Among Wuxi Suntech Power Co., Ltd. Chongqing Sailing New Energy Co., Ltd. Glory Silicon Energy (Zhenjiang) Co., Ltd. Place of Signing: Yangzhong, JiangsuSales and Purchase • January 12th, 2010 • Daqo New Energy Corp.
Pursuant to the Contract Law of the People’s Republic of China, based on the principles of long-term cooperation and common development, and on the basis of equality, free will and fairness, the parties, after amicable negotiation, hereby enter into this agreement in respect of the sales and purchase of solar grade polysilicon and silicon wafer.
NON-COMPETITION AGREEMENTNon-Competition Agreement • January 12th, 2010 • Daqo New Energy Corp.
THIS NON-COMPETITION AGREEMENT (this “Agreement”) is entered into as of July 1, 2008, by and among Daqo Group Co., Ltd. (“Daqo Group”), Mega Stand International Limited (“Mega Stand”) and Chongqing Daqo New Energy Co., Ltd. (“New Energy”).
INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • January 12th, 2010 • Daqo New Energy Corp. • New York
Each of the Company, Daqo North America, Chongqing Daqo, Nanjing Daqo, Daqo New Material, the Major Shareholders, the Other Beneficial Owners, the Ordinary Shareholders and the Investors is referred to herein individually as a “Party” and collectively as the “Parties.”
Lease AgreementEnglish Translation • January 12th, 2010 • Daqo New Energy Corp.
Legal address: Xianjia Village, Longdu Neighborhood, Wanzhou District, Chongqing (in the Salt Gasification Industrial Park of Wanzhou District)
SHARE PURCHASE AGREEMENTShare Purchase Agreement • January 12th, 2010 • Daqo New Energy Corp. • New York
Each of the Company, Daqo North America, Chongqing Daqo, Nanjing Daqo, Daqo New Material, the Major Shareholders, the Major Shareholder Holdcos and the Investors is referred to herein individually as a “Party” and collectively as the “Parties.”
Sales and Purchase Agreement Between Chongqing Daqo New Energy Co., Ltd. And China Electric Equipment Group (Nanjing) Semiconductor Materials Co., Ltd.Sales and Purchase Agreement • January 12th, 2010 • Daqo New Energy Corp.
Bank of Deposit: Industrial and Commercial Bank of China, Nanjing Jiangning Economic and Technological Development Zone Sub-branch
Sale and Purchase Framework Contract Between Chongqing Daqo New Energy Co., Ltd. AND Zhejiang Yuhui Solar Energy Source Co. Ltd. (No. YHX20090804) Signed at: Jiashan, ZhejiangDaqo New Energy Corp. • January 12th, 2010
Party A and Party B, in accordance with the Contract Law of the People’s Republic of China, on the basis of equality, free will and fairness, abiding by the principle of long-term cooperation and mutual development and through friendly negotiations, hereby enter into this Contract in relation with the sale and purchase of solar grade polysilicon, on and subject to the terms and conditions as set forth below:
Supplemental AgreementSupplemental Agreement • January 12th, 2010 • Daqo New Energy Corp.
The parties hereby make the following revisions to the contract dated May 28, 2008 (Contract No.: 2008YGE40004, the “Original Contract”) through friendly negotiation.
Amended and Restated Lease AgreementAmended and Restated Lease Agreement • January 12th, 2010 • Daqo New Energy Corp.
This amended and restated lease agreement (this “Agreement”) is entered into by and between the following two parties and shall take effect from January 1, 2009:
Loan Agreement with Huaxia BankLoan Agreement • January 12th, 2010 • Daqo New Energy Corp.
In accordance with relevant laws and regulations of the People’s Republic of China, the Parties hereby enter into this Agreement after negotiations based on the principle of fairness.
