Common use of Quality Considerations Clause in Contracts

Quality Considerations. The parties acknowledge that there are certain Wafer quality characteristics that, by their nature, may fall outside of the agreed upon specifications set forth in Attachment A hereto, but still may affect product performance at the cell level or module level (i.e., the Wafers meet all specifications, but still cause significant deviation in performance or in Conergy’s production line). For those Wafer quality characteristics that are part of the agreed upon specifications set forth in Attachment A, Section 2.9 addresses these issues. For those Wafer quality characteristics that are not part of the agreed upon specifications, and such characteristics appear to cause significant deviation in Wafer performance or in Conergy’s production line, the parties will jointly agree to address such non-specification Wafer quality characteristics on a continuous improvement basis after joint analysis of Wafer characteristics can be correlated to any such issues (e.g., the Parties will work together to ensure that the Wafer breakage rate is within industry norms, assuming that Conergy’s processes (including handling) fall within industry norms), provided that such meetings or working together shall not be deemed to be a waiver of any rights Conergy may have under this Agreement.