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Power Offtake Agreement
"I need a Power Offtake Agreement for a 50MW solar facility in Queensland, Australia, with a 15-year term starting March 2025, including provisions for battery storage and LGC trading."
1. Parties: Identification of the power supplier/generator and the offtaker, including full legal entities and ABNs
2. Background: Context of the agreement, including facility details, connection points, and relevant regulatory framework
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Term and Conditions Precedent: Duration of agreement, commencement date, and conditions that must be satisfied before the agreement becomes effective
5. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including minimum take-or-pay provisions
6. Delivery Point and Title: Specification of the delivery point and transfer of title/risk
7. Metering and Testing: Requirements for measuring electricity delivery and quality testing
8. Pricing and Payment: Price structure, calculation methods, invoicing, and payment terms
9. Operation and Maintenance: Obligations regarding facility operation, maintenance standards, and scheduled outages
10. Force Majeure: Definition of force majeure events and consequences
11. Default and Termination: Events of default, cure periods, and termination rights
12. Liability and Indemnities: Allocation of risks, limitations of liability, and indemnification obligations
13. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
14. General Provisions: Standard boilerplate clauses including notices, assignment, governing law
1. Renewable Energy Certificates: Required for renewable energy facilities, covering LGC creation, registration, and trading
2. Grid Connection: Include when the generator is responsible for grid connection arrangements
3. Development and Construction: Required for facilities not yet operational, covering construction milestones and requirements
4. Carbon Credits and Environmental Attributes: Include when dealing with environmental products or carbon offset requirements
5. Performance Guarantees: Include when specific performance metrics are guaranteed
6. Storage Facilities: Required when battery or other storage systems are part of the arrangement
7. Market Operations: Include when the generator participates in the National Electricity Market
8. Change in Law: Detailed provisions for regulatory changes when operating in evolving regulatory environments
1. Facility Description: Technical specifications of the generation facility
2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustment provisions
3. Testing and Commissioning Procedures: Procedures for initial and ongoing performance testing
4. Operating Parameters: Technical and operational specifications including capacity, availability requirements
5. Metering Specifications: Technical requirements for metering equipment and procedures
6. Performance Standards: Detailed performance criteria and measurement methodologies
7. Form of Performance Security: Template for bank guarantees or other security instruments
8. Insurance Requirements: Specified insurance coverage requirements and minimum amounts
9. Planned Maintenance Schedule: Annual maintenance schedule and procedures
10. Contact Details and Notice Requirements: Key personnel and communication protocols
Authors
Annual Contract Quantity
AEMO
Availability
Billing Period
Business Day
Capacity Charge
Change in Law
Commencement Date
Commercial Operation Date
Connection Point
Contract Price
Contract Year
Defaulting Party
Delivery Point
Dispatch
Due Date
Effective Date
Electricity
Emergency
Energy Charge
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Grid
Grid Code
Initial Term
Interconnection Agreement
Invoice
Large-scale Generation Certificates
Loss Factor
Maximum Capacity
Metering Equipment
Metering Point
Minimum Take
National Electricity Market
Network Service Provider
Operating Parameters
Planned Maintenance
Power Purchase Price
Project
Prudent Operating Practice
Reactive Power
Receiving Party
Renewal Term
Required Commercial Operation Date
Scheduled Maintenance
Security
Settlement Period
Start Date
System Emergency
Take
Technical Specifications
Term
Termination Date
Testing Period
Transmission System
Unplanned Outage
Term and Extension
Conditions Precedent
Supply Obligations
Purchase Obligations
Delivery Point
Title and Risk
Connection and Metering
Testing and Commissioning
Operating Standards
Maintenance
Pricing
Billing and Payment
Security
Performance Standards
Force Majeure
Change in Law
Default
Termination
Liability and Indemnity
Insurance
Assignment
Confidentiality
Dispute Resolution
Notices
Representations and Warranties
Environmental Compliance
Market Operations
Regulatory Compliance
Technical Requirements
Emergency Procedures
Records and Reporting
Intellectual Property
Anti-corruption
Governing Law
Boilerplate
Energy & Utilities
Renewable Energy
Infrastructure
Mining
Manufacturing
Data Centers
Industrial Processing
Commercial Real Estate
Agricultural Processing
Telecommunications
Legal
Commercial
Operations
Risk Management
Finance
Regulatory Compliance
Energy Trading
Project Development
Technical Services
Business Development
Sustainability
Contract Management
Energy Trading Manager
Commercial Manager
Legal Counsel
Power Plant Manager
Risk Manager
Regulatory Compliance Officer
Chief Financial Officer
Operations Director
Project Development Manager
Energy Markets Analyst
Sustainability Manager
Contract Administrator
Business Development Manager
Technical Operations Manager
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