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Contracts Keyed to Summers
Hemlock Semiconductor Corp. v. Kyocera Corp.
Citation:
747 Fed.Appx. 285Facts
Kyocera Corporation (defendant) made solar panels, which required polysilicon in order to produce. Kyocera needed a steady supply of polysilicon, so it entered into four contracts with Hemlock Semiconductor Corporation (“Hemlock”) (defendant). The contracts contained “take-or-pay” provisions that required Kyocera to take a specified quantity of polysilicon each year. Even if Kyocera did not take the polysilicon in a given year, it would still have to pay full price for it. The contracts also included an acceleration provision, which stated that if Kyocera defaulted, then Hemlock could demand all remaining payments owed. Several years into the deal, the market price that Kyocera paid for polysilicon under its contract was much higher than the going rate. Kyocera sought to renegotiate the terms of its contracts, but Hemlock later insisted that Kyocera take or pay for the polysilicon at the original (albeit inflated) price. Hemlock sued Kyocera, seeking a declaratory judgment.
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