0000867773-09-000031 Sample Contracts

LONG-TERM SUPPLY AGREEMENT
Long-Term Supply Agreement • June 25th, 2009 • Sunpower Corp • Semiconductors & related devices • Michigan

In the above example, the Annual Electricity Percentage for 2009 is ***%, reflecting the rate change from 2007 to 2008. The Annual Electricity Percentage for 2010 is ***%, reflecting the rate change from 2008 to 2009. The Cumulative Electricity Base Percentage in 2010 is ***%, reflecting the annual compounding of the Electricity Base Percentage beginning in 2009. There is no upward price adjustment for 2009 or 2010 because the Cumulative Average Actual Electricity Percentage does not exceed the Cumulative Electricity Base Percentage by at least one whole percentage point in either year; rather, it is ***% lower in 2009 and ***% lower in 2010. Notwithstanding that the Cumulative Average Actual Electricity Percentage is lower than the Cumulative Average Electricity Base Percentage, there are no downward price adjustments, and the same is true for 2011. The Gross Price increase of $*** per kilogram effective January 1, 2012, reflects that the Cumulative Average Actual Electricity Percenta

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