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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."
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
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
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
Energy & Utilities
Renewable Energy
Manufacturing
Data Centers
Industrial
Commercial Real Estate
Retail
Agriculture
Technology
Financial Services
Legal
Procurement
Finance
Sustainability
Operations
Risk Management
Facility Management
Commercial
Environmental Compliance
Energy Trading
Technical Services
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
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