AgdaPkt 2015-03-23 Closed and Joint SA PFA

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8.A. - Page 91 •JillK0 LIMITED WARRANTY REV.050114 allegedly causing the breach. Notwithstanding 2010 delivery basis that the original Module anything to the contrary herein, Jinko shall be causing breach of the Warranties was delivered entitled, in Jinko's sole discretion upon written under the purchase agreement to which this notice to Customer, to require that any breach Limited Warranty applies. Replaced Modules of the Warranties alleged by Customer be received by Jinko pursuant to Section 5 shall be reviewed by TIJV Rheinland, TIJV SUD or other the sole property of Jinko. Jinko shall be solely neutral third party testing laboratory selected responsible for all shipping costs incurred by Jinko and approved by Customer, such performing its additional supply, repair or approval not to be unreasonably withheld or replacement obligations under this Section 6. delayed ("Independent Testing Lab"). The Additional or replacement Modules shall be of power measurement tolerance of any testing the same type and physical form as the original equipment utilized by any Independent Testing Module, electrically compatible with the Lab in performing tests required by this Section original Module, and have an electrical output 5 shall be disclosed in writing to both Parties of not less than the warranted power output of prior to performance of any such tests and shall the original Module at the time of supply or be reflected in any final test results provided by replacement, based on the warranted the Independent Testing Lab. The degradation rates set forth at Section 3 hereto. determination by an Independent Testing Lab Notwithstanding the foregoing, if Jinko no as to whether a breach has occurred shall be longer supplies Modules meeting the foregoing final and conclusive with respect to the matters criteria, then additional or replacement covered by such determination. Jinko shall be Modules provided under this Section 6 shall be responsible for all costs incurred by it in those Modules then supplied by Jinko most connection with the shipment by Customer of a substantially meeting the foregoing criteria. Module pursuant to Section 5(i) hereto and any Jinko's performance of any repair, replacement Independent Testing Lab's services provided or additional supply pursuant to this Section 6 pursuant to this Section 5, including shipping, shall not extend the term of any Warranties. testing services, storage, insurance and any Module destruction incidental thereto; 7. EXCLUSIONS.This Limited Warranty is subject provided, however, Customer shall promptly to the exclusions set forth in this Section 7. The upon receipt of notice indemnify Jinko for all Warranties shall not apply to any Module which such costs on a dollar-for-dollar basis in the has been: (a) altered, repaired or modified event the Independent Testing Lab is unable to without the prior written consent of Jinko or confirm a breach of the Warranties or Customer otherwise inconsistent with Jinko's written is otherwise unable to establish a breach of the instructions; (b) removed and re-installed at any Warranties. location other than the physical location in which it was originally installed following 6. REMEDIES. In Jinko's sole discretion, Jinko purchase by Customer or receipt from Jinko as a shall repair, replace or provide additional replacement Module; (c) subject to misuse, modules compensating for the related power abuse, neglect, or accident except as may be loss for any Module which causes a breach of caused by Jinko in the course of storage, the Warranties. Additional, repaired or transportation, handling, installation, replacement Modules shall be delivered to the application, use or service; (d) subject to force same destination and on the same INCOTERMS majeure, electrical surges, lightning, flood, fire, 2/4