0001193125-05-088679 Sample Contracts

INDEMNITY AGREEMENT
Indemnity Agreement • April 28th, 2005 • Hoku Scientific Inc • Delaware

THIS AGREEMENT is made and entered into this day of , 20 by and between HOKU SCIENTIFIC, INC., a Delaware corporation (the “Corporation”), and (“Agent”).

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* ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. MEMBRANE & MEA...
Mea Purchase Agreement • April 28th, 2005 • Hoku Scientific Inc • California

This Membrane & MEA Purchase Agreement (“Agreement”) is effective this 1st day of September, 2004, by and between Hoku Scientific, Inc., a Hawaii corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and Nissan Motor Co., Ltd. located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).

* ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. MEA ENGINEERING...
Mea Engineering Agreement • April 28th, 2005 • Hoku Scientific Inc • California

This MEA Engineering Agreement (“Agreement”) is effective this 1st day of September, 2004, by and between Hoku Scientific, Inc., a Hawaii corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and Nissan Motor Co., Ltd. located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).

= CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. AGREEMENT
Agreement • April 28th, 2005 • Hoku Scientific Inc • Hawaii

This AGREEMENT is effective this 17th day of March, 2003, by and between Hoku Scientific, Inc. (“HOKU”), whose address is 2153 North King Street, Suite 306, Honolulu, Hawaii 96819, United States of America, and Sanyo Electric Company, Ltd. (“SANYO”), whose address is 1-18-13, Hashiridani Hirakata-City, Osaka 573-8534, Japan. HOKU and SANYO are sometimes referred to herein individually as a “Party” and collectively as “the Parties”.

* ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. COLLABORATION...
Collaboration Agreement • April 28th, 2005 • Hoku Scientific Inc • California

This Collaboration Agreement (“Agreement”) is effective this 22nd day of March, 2005, by and between HOKU SCIENTIFIC, INC., a Delaware corporation located at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 USA (“HOKU”), and NISSAN MOTOR CO., LTD., located at 2 Takara-cho, Kanagawa-ku, Yokohama, Kanagawa 220-8623 Japan (“NISSAN” and, together with HOKU, the “Parties”).

* ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. AMENDED AGREEMENT
Amended Agreement • April 28th, 2005 • Hoku Scientific Inc • Hawaii

This AMENDED AGREEMENT (“Agreement”) is effective this 30th day of September, 2004, by and between Hoku Scientific, Inc. (“HOKU”), whose address is 2153 North King Street, Suite 300, Honolulu, Hawaii 96819, United States of America, and Sanyo Electric Company, Ltd. (“SANYO”), whose address is 1-18-13, Hashiridani Hirakata-City, Osaka 573-8534, Japan. HOKU and SANYO are sometimes referred to herein individually as a “Party” and collectively as “the Parties”.

HOKU SCIENTIFIC, INC. AMENDMENT TO STOCK RESTRICTION AGREEMENT
Stock Restriction Agreement • April 28th, 2005 • Hoku Scientific Inc

This Amendment to the Stock Restriction Agreement is made as of July 16, 2003 by and among Hoku Scientific, Inc., a Hawaii corporation (the “Company”) and Karl M. Taft III (the “Shareholder”), and amends that certain Stock Restriction Agreement dated as of June 21, 2002 by and between the Company and the Shareholder (the “Stock Restriction Agreement”).

HOKU SCIENTIFIC, INC. STOCK RESTRICTION AGREEMENT
Stock Restriction Agreement • April 28th, 2005 • Hoku Scientific Inc • Hawaii

This Stock Restriction Agreement (the “Agreement”) is made as of June 21, 2002 by and between Hoku Scientific, Inc., a Hawaii corporation (the “Company”), and Karl M. Taft III (“Shareholder”).

HOKU SCIENTIFIC, INC. AMENDED & RESTATED RIGHTS AGREEMENT December 31, 2003
Rights Agreement • April 28th, 2005 • Hoku Scientific Inc • Hawaii

THIS AMENDED & RESTATED RIGHTS AGREEMENT (the “Agreement”) is entered into as of December 31, 2003, by and among Hoku Scientific, Inc., a Hawaii corporation (the “Company”), the holders of Common Stock of the Company set forth on Exhibit A hereto (the “Founders”), the holders of shares of Series A Preferred Stock set forth on Exhibit B hereto (the “Series A Investors”), and the holders of Series C Preferred Stock of the Company set forth on Exhibit C hereto (the “Series C Investors” together with the Series A Investors the “Investors” and each individually as an “Investor”).

HOKU SCIENTIFIC, INC. ADDENDUM TO STOCK OPTION AGREEMENT
Addendum to Stock Option Agreement • April 28th, 2005 • Hoku Scientific Inc

This Addendum to the Stock Option Agreement is made as of the day of 20 , by and among Hoku Scientific, Inc., a Delaware corporation (the “Company”) and (the “Optionee”), and amends that certain Stock Option Agreement (the “Stock Option Agreement”) and Notice of Stock Option Grant (the “Notice of Grant”, together with the Stock Option Agreement, the “Option”), each by and between the Company and the Optionee and executed and delivered on , 20 .

2153 King Street LEASE (May 2002)
Hoku Scientific Inc • April 28th, 2005 • Hawaii

THIS INDENTURE OF LEASE, is executed in triplicate, by and between DREAL HAWAII LLC, a Hawaii limited liability company, herein called “Landlord,” and the below described “Tenant”:

* ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. AGREEMENT...
Agreement • April 28th, 2005 • Hoku Scientific Inc

THIS AGREEMENT (“Agreement”) made effective on the 7th day of April 2005 (“Effective Date”) by and between Hoku Scientific, Inc., a Delaware corporation, having its offices at 2153 North King Street, Suite 300, Honolulu, Hawaii 96819 (“Hoku”), and IdaTech LLC, a majority-owned subsidiary of IDACORP, Inc., having its offices at 63065 N.E. 18th Street, Bend, Oregon 97701 (“IdaTech”).

HOKU SCIENTIFIC, INC. ADDENDUM TO STOCK OPTION AGREEMENT
Addendum to Stock Option Agreement • April 28th, 2005 • Hoku Scientific Inc

This Addendum to the Stock Option Agreement is made as of the day of 20 , by and among Hoku Scientific, Inc., a Hawaii corporation (the “Company”) and Scott Paul (the “Optionee”), and amends that certain Stock Option Agreement (the “Stock Option Agreement”) and Notice of Stock Option Grant (the “Notice of Grant”), each by and between the Company and the Optionee and executed and delivered on , 20 .

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