Quarter Forecast. FS and Buyer to agree by December 1 of each annual period on the Quarterly Volume Adjustment Factor (x) for the next annual period. Additional Annual Volume Agreement FS and Buyer to agree on 2006 Additional Annual Volume upon execution of the Framework Agreement and by December 1 of each successive annual period for the next annual period. Notice period prior to Delivery for Carriage as defined in Section 4 for Annual Additional Volume. For volume < [***] weeks For volume > [***] weeks *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. Module Price per Watt (€) Separate Price [***] [***] [***] [***] [***] [***] Target Kilowatt Volume (kW) Volume Table [***] [***] [***] [***] [***] [***] Target Average Module Power (W) [***] [***] [***] [***] [***] [***] Minimum Kilowatt Volume (kW) [***] [***] [***] [***] [***] [***] Minimum Average Module Power (W) [***] [***] [***] [***] [***] [***] Additional Annual Volume (kW) [***] [***] [***] [***] [***] [***] [***] Bank Guarantee (Letter of Credit) or Private Placement Share Pledge (M€) [***] [***] [***] [***] [***] [***] Module Price per Watt (€) Separate Price [***] [***] [***] [***] [***] [***] Target Kilowatt Volume (kW) Volume Table [***] [***] [***] [***] [***] [***] Target Average Module Power (W) [***] [***] [***] [***] [***] [***] Minimum Kilowatt Volume (kW) [***] [***] [***] [***] [***] [***] Minimum Average Module Power (W) [***] [***] [***] [***] [***] [***] Additional Annual Volume (kW) [***] [***] [***] [***] [***] [***] [***] Bank Guarantee (Letter of Credit) or Private Placement Share Pledge (M€) [***] [***] [***] [***] [***] [***] *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. Payment Terms (Net days from date of FS invoice) as set forth in Section 7. [***] [***] [***] [***] [***] [***] [***] Quarterly Volume Adjustment Factor (xmin < x < xmax) [***] [***] [***] [***] [***] [***] FS 255 [***] FS 257 [***] FS 260 [***] FS 262 [***] FS 265 [***] FS 267* [***] FS 270* [***] * Such module product types are not manufactured yet. It is planned to include them in the delivery program in the course of 2005. The modules will comply with Sections 2.2 and 2.3 of the Framework Agreement. Volumes (MW) [***] [***] [***] [***] [***] The price of the modules shall be determined at the time of actual delivery. In the event of early delivery, the price shall be determined based on the quarter *** CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. Five-Year Limited Warranty First Solar, LLC (“First Solar”) warrants to the original purchaser that the FS-Series Modules (the “Product”) will be free from defects in materials and workmanship under normal use and service conditions as described in the First Solar FS Series Module User Guide and System Design and Application document, for five years following delivery of the Product to the original purchaser. If the Product is in breach of the foregoing warranty, First Solar will, at its option, either repair or replace the Product under the terms of its Return Policy.
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Quarter Forecast. FS and Buyer to agree by December 1 of each annual period on the Quarterly Volume Adjustment Factor (x) for the next annual period. Additional Annual Volume Agreement FS and Buyer to agree on 2006 Additional Annual Volume upon execution of the Framework Agreement and by December 1 of each successive annual period for the next annual period. Notice period prior to Delivery for Carriage as defined in Section 4 for Annual Additional Volume. For volume < [***] weeks For volume > [***] weeks *** CONFIDENTIAL TREATMENT REQUESTEDREEQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. Module Price per Watt (€) Separate Price Volume Table [***] [***] [***] [***] [***] [***] Target Kilowatt Volume (kW) Volume Table [***] [***] [***] [***] [***] [***] Target Average Module Power (W) [***] [***] [***] [***] [***] [***] Minimum Kilowatt Volume (kW) [***] [***] [***] [***] [***] [***] Minimum Average Module Power (W) [***] [***] [***] [***] [***] [***] Additional Annual Volume (kW) [***] [***] [***] [***] [***] [***] [***] Bank Guarantee (Letter of Credit) or Private Placement Share Pledge (M€) [***] [***] [***] [***] [***] [***] [***] Module Price per Watt (€) Separate Price Volume Table [***] [***] [***] [***] [***] [***] Target Kilowatt Volume (kW) Volume Table [***] [***] [***] [***] [***] [***] Target Average Module Power (W) [***] [***] [***] [***] [***] [***] Minimum Kilowatt Volume (kW) [***] [***] [***] [***] [***] [***] Minimum Average Module Power (W) [***] [***] [***] [***] [***] [***] Additional Annual Volume (kW) [***] [***] [***] [***] [***] [***] [***] Bank Guarantee (Letter of Credit) or Private Placement Share Pledge (M€) [***] [***] [***] [***] [***] [***] *** CONFIDENTIAL TREATMENT REQUESTEDREEQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. Payment Terms (Net days from date of FS invoice) as set forth in Section 7. [***] [***] [***] [***] [***] [***] [***] Quarterly Volume Adjustment Factor (xmin < x < xmax) [***] [***] [***] [***] [***] [***] FS 255 CTS 255** [***] FS CTS 257 [***] FS CTS 260 [***] FS CTS 262 [***] FS CTS 265 [***] FS CTS 267* [***] FS CTS 270* [***] * Such module product types are not manufactured yet. It is planned to include them in the delivery program in the course of 2005. The modules will comply with Sections 2.2 and 2.3 of the Framework Agreement. Volumes (MW) [***] [***] [***] [***] * [***] The price of the modules shall be determined at the time of actual delivery. In the event of early delivery, the price shall be determined based on the quarter quarter. *** CONFIDENTIAL TREATMENT REQUESTEDREEQUESTED. CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND FILED SEPARATELY WITH THE COMMISSION. Five-Year Limited Warranty First Solar, LLC (“First Solar”) warrants to the original purchaser that the FS-Series Modules (the “Product”) will be free from defects in materials and workmanship under normal use and service conditions as described in the First Solar FS Series Module User Guide and System Design and Application document, for five years following delivery of the Product to the original purchaser. If the Product is in breach of the foregoing warranty, First Solar will, at its option, either repair or replace the Product under the terms of its Return Policy.
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