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Third Party Power Purchase Agreement Template for Netherlands

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Key Requirements PROMPT example:

Third Party Power Purchase Agreement

"I need a Third Party Power Purchase Agreement for our new data center in Amsterdam, starting March 2025, with 100% renewable energy supply from a combination of wind and solar sources, including provisions for Guarantees of Origin and sustainability reporting."

Document background
The Third Party Power Purchase Agreement is a specialized contract used in the Netherlands for structuring electricity purchase arrangements where an intermediary facilitates the transaction between power generators and end users. This document is particularly relevant in the context of renewable energy projects and corporate power procurement strategies. It addresses the complex regulatory requirements of the Dutch energy market, including compliance with the Electricity Act 1998, EU directives, and sustainable energy regulations. The agreement typically includes provisions for power delivery, pricing mechanisms, grid arrangements, and sustainability certifications. It's commonly used when organizations seek to secure long-term power supply while managing regulatory obligations and demonstrating commitment to renewable energy goals. The document can accommodate both physical delivery and virtual settlement structures, making it versatile for various business needs in the Dutch market.
Suggested Sections

1. Parties: Identification of the power producer, purchaser, and any intermediary parties

2. Background: Context of the agreement, including facility details and purpose of the PPA

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity

5. Term and Termination: Duration of the agreement and termination provisions

6. Delivery Point and Title Transfer: Specification of where electricity is delivered and ownership transfers

7. Metering and Documentation: Requirements for measuring and recording electricity delivery

8. Price and Payment Terms: Pricing structure, invoicing, and payment conditions

9. Force Majeure: Events excusing performance and their consequences

10. Default and Remedies: Events of default and available remedies

11. Representations and Warranties: Legal assurances provided by each party

12. Regulatory Compliance: Obligations to comply with relevant laws and regulations

13. Confidentiality: Protection of confidential information

14. Dispute Resolution: Procedures for resolving disputes

15. Governing Law: Application of Dutch law and jurisdiction

16. General Provisions: Standard legal provisions including notices, amendments, and assignment

Optional Sections

1. Grid Connection and Access: Required for physical PPAs where grid connection arrangements need specification

2. Guarantees of Origin: Required when renewable energy certificates are part of the transaction

3. Construction and Commissioning: Needed for PPAs signed before facility completion

4. Forecasting and Scheduling: Required for variable renewable energy sources

5. Performance Guarantees: Optional provisions for guaranteed generation levels

6. Change in Law: Detailed provisions for regulatory change impacts

7. Insurance: Specific insurance requirements beyond standard provisions

8. Credit Support: Required when additional financial security is needed

9. Private Wire Arrangements: Required for direct wire connections bypassing the public grid

10. Sustainability Commitments: Required when specific environmental goals are part of the agreement

Suggested Schedules

1. Facility Description: Technical specifications of the generation facility

2. Pricing Mechanism: Detailed pricing calculations and adjustments

3. Operating Parameters: Technical operating specifications and requirements

4. Metering Specifications: Detailed metering requirements and procedures

5. Production Forecasts: Expected generation profiles and volumes

6. Form of Direct Agreement: Standard form for direct agreements with financiers

7. Performance Testing: Testing procedures and acceptance criteria

8. Grid Connection Details: Technical specifications for grid connection

9. Form of Guarantee: Standard form for any required guarantees

10. Calculation of Liquidated Damages: Methodology for calculating compensation for breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions














































































Clauses






































Relevant Industries

Energy & Utilities

Renewable Energy

Manufacturing

Data Centers

Industrial

Commercial Real Estate

Retail

Agriculture

Technology

Financial Services

Relevant Teams

Legal

Procurement

Finance

Sustainability

Operations

Risk Management

Facility Management

Commercial

Environmental Compliance

Energy Trading

Technical Services

Relevant Roles

Energy Procurement Manager

Sustainability Director

Chief Financial Officer

Legal Counsel

Commercial Director

Risk Manager

Facility Manager

Energy Trading Manager

Sustainability Manager

Operations Director

Contract Manager

Project Developer

Chief Technology Officer

Environmental Compliance 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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