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Bilateral Power Purchase Agreement
"I need a Bilateral Power Purchase Agreement for a 50MW solar facility in Queensland, with delivery starting March 2025, where we are the generator selling to a large industrial customer, including provisions for Large-scale Generation Certificates and a minimum take-or-pay obligation."
1. Parties: Identification of the power seller/generator and buyer/offtaker
2. Background: Context of the agreement including facility details and purpose
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Term and Conditions Precedent: Duration of agreement and conditions that must be satisfied before the agreement becomes effective
5. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase commitments
6. Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures
7. Metering and Recording: Requirements for measuring and recording electricity supply
8. Generator Obligations: Specific obligations of the generating party including maintenance and operations
9. Buyer Obligations: Specific obligations of the purchasing party
10. Connection and Delivery: Requirements for grid connection and electricity delivery
11. Force Majeure: Events excusing performance and associated procedures
12. Default and Termination: Events of default, remedies, and termination procedures
13. Liability and Indemnities: Risk allocation between parties and limitation of liability
14. Dispute Resolution: Procedures for resolving disputes between parties
15. Confidentiality: Protection of confidential information
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Green Products and Environmental Attributes: Include when the PPA involves renewable energy certificates or other environmental attributes
2. Performance Security: Include when either party is required to provide security for their obligations
3. Change in Law: Include when specific provisions for regulatory changes are needed, particularly for long-term PPAs
4. Market Interface: Include when specific provisions regarding interface with the National Electricity Market are required
5. Insurance: Include when specific insurance requirements need to be detailed
6. Project Finance: Include when the facility is project financed and requires specific provisions for lenders
7. Construction and Commissioning: Include when the facility is not yet operational
8. Forecasting and Scheduling: Include for variable renewable energy sources requiring specific forecasting obligations
1. Facility Description: Technical details of the generating facility
2. Testing and Commissioning Procedures: Procedures for facility testing and commissioning
3. Performance Specifications: Technical specifications and performance requirements
4. Pricing and Payment Calculations: Detailed pricing formulas and calculation methodologies
5. Operating Parameters: Operational requirements and parameters
6. Metering Specifications: Technical requirements for metering equipment and procedures
7. Form of Performance Security: Template for any required performance security documents
8. Key Personnel: Contact details for key personnel from both parties
9. Insurance Requirements: Detailed insurance requirements and specifications
10. Form of Direct Agreement: Template agreement between buyer and project finance lenders if applicable
Authors
AEMO
Agreed Amount
Annual Contract Quantity
Applicable Law
Australian Consumer Law
Billing Period
Business Day
Capacity
Change in Law
Commercial Operation Date
Commissioning
Confidential Information
Connection Agreement
Connection Point
Contract Price
Contract Year
Credit Rating
Credit Support
Curtailment
Default Rate
Defaulting Party
Delivery Point
Dispatch
Dispute
Due Date
Effective Date
Electricity
Emergency
Energy
Energy Loss Factor
Environmental Attributes
Event of Default
Facility
Financial Close
Force Majeure Event
Forced Outage
Generator Performance Standards
Good Electricity Industry Practice
Government Agency
GST
Insolvency Event
Interconnection Facilities
Interest Rate
Large-scale Generation Certificates (LGCs)
Liquidated Damages
Loss
Market Operator
Market Price
Metering Data
Metering Installation
Minimum Generation
National Electricity Law
National Electricity Market
National Electricity Rules
Network
Network Service Provider
Operating Parameters
Outage
Performance Security
Planned Maintenance
Power Purchase Agreement
Project
Project Documents
Prudential Requirements
Purchase Price
Reasonable and Prudent Operator
Related Body Corporate
Renewable Energy Certificates
Required Commercial Operation Date
Scheduled Generation
Security Interest
Settlement Period
Site
Spot Price
System Operator
Term
Termination Date
Testing
Trading Interval
Transmission Network
Transmission System
Definitions
Term and Termination
Conditions Precedent
Sale and Purchase Obligations
Price and Payment
Billing and Settlement
Metering
Connection and Delivery
Technical Requirements
Performance Standards
Testing and Commissioning
Operation and Maintenance
Scheduling and Dispatch
Force Majeure
Curtailment
Change in Law
Default
Termination Rights
Liability and Indemnification
Insurance
Security
Environmental Attributes
Regulatory Compliance
Market Interface
Representations and Warranties
Confidentiality
Assignment
Dispute Resolution
Notices
Governing Law
Boilerplate
Credit Support
Reporting Requirements
Records and Audit
Health and Safety
Emergency Procedures
Intellectual Property
Anti-corruption
Data Protection
Taxes and GST
Energy & Utilities
Renewable Energy
Manufacturing
Mining
Data Centers
Real Estate
Industrial
Retail
Agriculture
Infrastructure
Technology
Legal
Commercial
Operations
Finance
Risk Management
Sustainability
Energy Trading
Business Development
Technical
Regulatory Compliance
Treasury
Project Development
Energy Trading Manager
Commercial Manager
Legal Counsel
Power Plant Manager
Chief Financial Officer
Risk Manager
Sustainability Director
Operations Manager
Energy Procurement Manager
Regulatory Compliance Officer
Business Development Manager
Technical Director
Contract Manager
Project Finance Manager
Energy Analyst
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