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Physical Power Purchase Agreement

Physical Power Purchase Agreement Template for India

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Key Requirements PROMPT example:

Physical Power Purchase Agreement

"I need a Physical Power Purchase Agreement for a 50MW solar power plant in Gujarat, India, where I'm the generator selling to a private industrial consumer, with operations expected to commence in March 2025."

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Document background
This Physical Power Purchase Agreement template is designed for use in India when establishing long-term power supply arrangements between generators and purchasers. It is particularly relevant for both conventional and renewable energy projects where physical delivery of power is required. The document incorporates requirements from the Indian Electricity Act 2003, relevant CERC and SERC regulations, and established industry practices. It addresses crucial aspects such as power delivery obligations, tariff structures, operational parameters, and regulatory compliance requirements. The agreement is essential for power project development, project financing, and establishing bankable power offtake arrangements. It includes provisions for various scenarios including grid connectivity, metering, billing, and dispute resolution, while maintaining compliance with Indian power sector regulations.
Suggested Sections

1. Parties: Identification of the power generator/seller and the purchaser with their complete legal details

2. Background: Context of the agreement including project details, relevant approvals, and intent of parties

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation

4. Term and Conditions Precedent: Duration of the agreement and conditions that must be satisfied before the agreement becomes effective

5. Sale and Purchase Obligations: Core obligations of the parties regarding power supply and purchase commitments

6. Power Station Specifications: Technical details of the power generation facility and compliance requirements

7. Metering and Energy Accounting: Requirements for measuring and recording power delivery

8. Billing and Payment: Tariff structure, invoicing procedures, payment terms, and dispute resolution for payments

9. Force Majeure: Events constituting force majeure and their consequences

10. Change in Law: Provisions dealing with regulatory changes affecting the agreement

11. Events of Default and Termination: Circumstances constituting default and termination rights

12. Dispute Resolution: Procedures for resolving disputes between parties

13. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

Optional Sections

1. Renewable Energy Benefits: For renewable energy projects, addressing renewable energy certificates and environmental attributes

2. Carbon Credits: Allocation of carbon credits and environmental benefits, applicable for clean energy projects

3. Deemed Generation: Compensation mechanisms for scenarios where power cannot be evacuated despite availability

4. Grid Interface: Specific provisions for grid connection and maintenance, if not covered by separate agreement

5. Insurance: Detailed insurance requirements, if not covered in another project document

6. Step-in Rights: Rights of lenders or other parties to take control in specific circumstances

7. Refinancing Provisions: Terms governing refinancing scenarios and their impact on tariffs

Suggested Schedules

1. Technical Specifications: Detailed technical parameters of the power plant and equipment

2. Testing Procedures: Procedures for testing and commissioning of the facility

3. Operating Procedures: Detailed procedures for day-to-day operation and coordination

4. Tariff and Payment Structure: Detailed breakdown of tariff components and calculation methodologies

5. Performance Standards: Specific performance requirements and related penalties/incentives

6. Metering Specifications: Technical details of metering systems and protocols

7. Interconnection Details: Specifications of grid interconnection and related infrastructure

8. Form of Performance Security: Format for performance guarantees or security deposits

9. Communication Protocols: Procedures for operational communication between parties

10. Dispute Resolution Procedures: Detailed procedures for various types of disputes

11. Insurance Requirements: Specific insurance coverage requirements and minimums

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





















































Clauses



































Relevant Industries

Energy & Utilities

Power Generation

Renewable Energy

Manufacturing

Heavy Industry

Mining

Data Centers

Infrastructure

Commercial Real Estate

Industrial Parks

Relevant Teams

Legal

Commercial

Operations

Technical

Finance

Risk Management

Regulatory Affairs

Project Development

Energy Trading

Procurement

Business Development

Relevant Roles

General Counsel

Legal Director

Energy Lawyer

Power Trading Manager

Commercial Manager

Chief Technical Officer

Project Finance Manager

Risk Manager

Regulatory Compliance Officer

Operations Director

Power Plant Manager

Energy Procurement Manager

Contract Manager

Business Development Director

Chief Financial Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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