In Madrid, on February 8, 2008
APPEARING PARTIES
(1)
SUNPOWER ENERGY SYSTEMS SPAIN, S.L. (the "Contractor" ), with corporate domicile in Madrid, Paseo de la Castellana 86.
(2)
SOLARGEN PROYECTOS E INSTALACIONES, S.L. (the "Owner" ), with corporate domicile in C/ Nfaf1ez de Balboa, 120, 7ba, 28006, Madrid y CIF nfamero B-84299767.
The entities above mentioned shall be jointly referred as the "Parties" .
RECITALS
I.
Whereas on December 28, 2007 the Owner and the Contrator entered into a turnkey agreement (the "Construction Contract" ) for the construction of a solar park in Las Casas
de Don Pedro (Badajoz), formed by seventy (70) Solar Facilities having between 115 and 122 kWp of peak power and 100 kWe at the inverter. The solar park is divided in two (2) phases, the first phase (the " Fisrt Phase
") to be developed in Site 1 and the second one (the " Second Phase ") to be developed in Site 2.
II.
Whereas on January 31, 2008 the Contractor and the Owner entered into a contract amending the Construction Contract by virtue of which Conditions Precedent set forth in Clause 3.1 sections (i),
(ii), (iii) and (iv), were declared fulfilled.
III.
Whereas according to Clause 3 of the Construction Contract, within the period between the sixth (6 th ) and ninth (9
th ) Business Day following the date on which the conditions established in (i) to (iv) are met, the Owner should pay the Contractor the amount set forth in Clause 4.2(i) for Phase I in return for the simultaneous granting
by the Contractor of the corresponding Performance Bond for such Phase.
IV.
Whereas the Parties have agreed to extend the abovementioned period and to such effects the Parties agree to execute this Contract in accordance with the following
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