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EXHIBIT B <br />SELLER'S LIMITED MODULE WARRANTY <br />Seller provides the Warranties set forth herein to Buyer and <br />its permitted successors and assigns with respect to the <br />Modules, subject to the terms and conditions herein <br />("Limited Warranty"). Section references set forth herein <br />refer to this Exhibit B (Seller's Limited Module Warranty) <br />unless otherwise specified. <br />1. WARRANTY START DATE. Seller provides the Warranties <br />set forth herein for each Module commencing upon the <br />delivery of such Module to the original purchaser thereof <br />("Warranty Start Date"). <br />2. LIMITED PRODUCT WARRANTY. Beginning on the <br />Warranty Start Date and terminating on that date which is <br />one hundred and twenty (120) months thereafter, Seller <br />warrants that the Modules and their respective DC <br />connectors and cables, if any, shall be free from material <br />defects in design, materials and workmanship that affect <br />the performance of the Module ("Limited Product <br />Warranty"). Material defects shall not include normal wear <br />and tear. <br />3. LIMITED POWER WARRANTY. Seller warrants that the <br />Degradation Rate shall not exceed the following for the <br />periods identified following the Warranty Start Date: (a) for <br />mono -crystalline Modules: (i) 3.0% in the first year; (ii) 0.7% <br />each year thereafter until that date which Is twenty-five <br />(25) years following the Warranty Start Date, at which time <br />the Actual Power Output shall be not less than 80.2% of the <br />Nominal Power Output; and (b) for poly -crystalline <br />Modules: (i) 2.5% in the first year; (H) 0.7% each year <br />thereafter until that date which is twenty-five (25) years <br />following the Warranty Start Date, at which time the Actual <br />Power Output shall be not less than 80.7% of the Nominal <br />Power Output ("Limited Power Warranty"). <br />4. POWER DEFINITIONS. "Nominal Power Output (POo)" <br />means the original manufactured nameplate specification <br />of the Module, expressed in Watts, as certified by Seller and <br />indicated on the Module, excluding any specified positive <br />tolerance. "Actual Power Output (P0t)" means the power <br />output of the Module, expressed in Watts, at Watt peak <br />that a Module generates at a given point in time in a year <br />after the Warranty Start Date (t) in its 'Maximum Power <br />Point' under Standard Test Conditions, corrected for any <br />measurement error ("STC"). STC are as follows, measured <br />In accordance with IEC 61215: (a) light spectrum of AM 1.5; <br />(b) an irradiation of 1000W per mz; and (c) a cell <br />temperature of 25 degrees centigrade at right angle <br />irradiation. The "Degradation Rate (DR)" shall be any <br />positive amount calculated in accordance with the <br />following formula, expressed as a percent: <br />DR =1.00 — ((PO,) / (Poo)] <br />Execution Version <br />5. CLAIMS. Buyer shall bear the burden of establishing a <br />breach of the Warranties hereunder. If Buyer believes there <br />has been a breach of the Limited Product Warranty or <br />Limited Power Warranty (collectively, "Warranties"), then <br />Buyer shall promptly, and not later than thirty (30) days <br />after knowledge thereof, provide notice to Seller setting <br />forth the following information related to the claim: (a) <br />parry making claim; (b) detailed description; (c) evidence, <br />Including photographs and data; (d) relevant serial <br />numbers; (e) Warranty Start Date; (f) Module type; (g) <br />physical address; (h) any additional evidence reasonably <br />requested by Seller; and (i) upon request from Seller, the <br />actual Module(s) allegedly causing the breach. <br />Notwithstanding anything to the contrary herein, Seller <br />shall be entitled, in Seller's sole discretion upon written <br />notice to Buyer, to require that any breach of the <br />Warranties alleged by Buyer be reviewed by TUV Rheinland, <br />TUV SLID or other neutral third party testing laboratory <br />selected by Sellerand approved by Buyer, such approval not <br />to be unreasonably withheld or delayed ("Independent <br />Testing Lab"). The power measurement tolerance of any <br />testing equipment utilized by any Independent Testing Lab <br />in performing tests required by this Section 5 shall be <br />disclosed in writing to both Parties prior to performance of <br />any such tests and shall be reflected in any final test results <br />provided by the Independent Testing Lab. The <br />determination by an Independent Testing Lab as to whether <br />a breach has occurred shall be final and conclusive with <br />respect to the matters covered by such determination. <br />Seller shall be responsible for all costs incurred by it in <br />connection with the shipment by Buyer of a Module <br />pursuant to Section 5(i) hereto and any Independent <br />Testing Lab's services provided pursuant to this Section 5, <br />including shipping, testing services, storage, insurance and <br />any Module destruction incidental thereto; provided, <br />however, Buyer shall promptly upon receipt of notice <br />indemnify Sellerfor all such costs on a dollar -for -dollar basis <br />in the event the Independent Testing Lab is unable to <br />confirm a breach of the Warranties or Buyer is otherwise <br />unable to establish a breach of the Warranties. <br />6. REMEDIES. In Sellers sole discretion, Seller shall repair, <br />replace or provide additional modules compensating for <br />the related power loss for any Module which causes a <br />breach of the Warranties. Additional, repaired or <br />replacement Modules shall be delivered to the same <br />destination and on the same INCOTERMS 2010 delivery <br />basis that the original Module causing breach of the <br />Warranties was delivered underthe purchase agreement to <br />which this Limited Warranty applies. Replaced Modules <br />received by Seller pursuant to Section 5 shall be the sole <br />property of Seller. Seller shall be solely responsible for all <br />shipping costs incurred performing its additional supply, <br />repair or replacement obligations under this Section 6. <br />Additional or replacement Modules shall be of the same <br />type and physical form as the original Module, electrically <br />compatible with the original Module, and have an electrical <br />output of not less than the warranted power output of the <br />