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Power Sales Agreement
"I need a Power Sales Agreement for a new solar facility in Ontario, with a 20-year term starting March 2025, selling to a provincial utility, including provisions for renewable energy credits and First Nations consultation requirements."
1. Parties: Identification of the power seller and purchaser, including full legal names and addresses
2. Background: Context of the agreement, including facility details and purpose of the power sale arrangement
3. Definitions: Detailed definitions of technical and commercial terms used throughout the agreement
4. Sale and Purchase Obligations: Core obligations regarding power supply and purchase commitments
5. Term and Termination: Duration of agreement, renewal options, and termination circumstances
6. Price and Payment: Pricing structure, payment terms, billing procedures, and dispute mechanisms
7. Delivery Point and Transfer of Risk: Specification of where power is delivered and risk/title transfer
8. Metering and Recording: Requirements for measuring and recording power delivery
9. Operating Procedures: Day-to-day operational requirements and communications
10. Force Majeure: Definition and consequences of force majeure events
11. Default and Remedies: Events of default and available remedies
12. Representations and Warranties: Standard legal assurances from both parties
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Dispute Resolution: Procedures for resolving disputes
15. Confidentiality: Protection of confidential information
16. General Provisions: Standard boilerplate provisions including notices, amendments, and governing law
1. Environmental Attributes: Provisions regarding renewable energy credits or environmental attributes, used when the power source is renewable
2. Interconnection Requirements: Detailed connection requirements, used when new infrastructure is needed
3. Performance Security: Requirements for security deposits or guarantees, used for counterparties with credit concerns
4. Development Milestones: Construction and development timelines, used for new generation facilities
5. Change in Law: Provisions for handling regulatory changes, used in long-term agreements
6. Capacity Requirements: Specific capacity obligations, used when capacity payments are included
7. Curtailment Rights: Rights to reduce power delivery, used for variable generation sources
8. Indigenous Rights Provisions: Specific provisions related to Indigenous rights and consultation, used when relevant to project location
1. Schedule A - Facility Description: Technical details of the generation facility
2. Schedule B - Pricing Formula: Detailed pricing calculations and adjustments
3. Schedule C - Operating Procedures: Detailed procedures for daily operations and communications
4. Schedule D - Metering Specifications: Technical requirements for metering equipment
5. Schedule E - Delivery Point Diagram: Technical diagram showing the delivery point and relevant infrastructure
6. Schedule F - Form of Generation License: Copy of or requirements for generation license
7. Schedule G - Performance Standards: Technical and operational performance requirements
8. Appendix 1 - Contact Information: List of key contacts and communication protocols
9. Appendix 2 - Annual Delivery Profile: Expected power delivery schedule and volumes
10. Appendix 3 - Testing Procedures: Procedures for testing and verifying facility performance
Authors
Agreement
Ancillary Services
Annual Contract Quantity
Applicable Law
Availability
Bankrupt
Billing Period
Business Day
Capacity
Change in Law
Commercial Operation Date
Confidential Information
Contract Price
Contract Year
Control
Curtailment
Delivery Point
Dispatch
Effective Date
Electrical Energy
Environmental Attributes
Event of Default
Facility
Force Majeure
Good Utility Practice
Governmental Authority
Grid
GST/HST
Interconnection Agreement
Interconnection Facilities
Interest Rate
ISO
Lender
Market Price
Material Adverse Effect
Metering Equipment
Minimum Credit Rating
Operating Committee
Operating Procedures
Outage
Peak Hours
Performance Security
Planned Maintenance
Point of Interconnection
Power Purchase Price
Provincial System Operator
Prudent Industry Practice
Reactive Power
Receiving Party
Regulatory Approval
Reliability Standards
Renewable Energy Credits
Representative
Scheduled Maintenance
Security Interest
Settlement Period
Station Service
System Emergency
Taxes
Term
Termination Date
Transmission Provider
Transmission System
Unit Contingent
Variable Energy Resource
Definitions and Interpretation
Sale and Purchase Obligations
Term and Termination
Pricing and Payment
Delivery and Metering
Title and Risk
Performance Standards
Operating Requirements
Interconnection
Force Majeure
Default and Remedies
Change in Law
Representations and Warranties
Covenants
Liability and Indemnification
Insurance
Assignment
Confidentiality
Dispute Resolution
Environmental Attributes
Credit Support
Taxes
Notices
Governing Law
Anti-Corruption
Indigenous Rights
Records and Audit
Health and Safety
Emergency Procedures
Regulatory Compliance
Boilerplate Provisions
Energy & Utilities
Power Generation
Renewable Energy
Industrial Manufacturing
Mining & Resources
Oil & Gas
Commercial Real Estate
Data Centers
Public Sector
Infrastructure
Legal
Commercial
Energy Trading
Operations
Risk Management
Regulatory Affairs
Business Development
Finance
Technical Operations
Sustainability
Compliance
Energy Trading Manager
Power Plant Manager
Commercial Director
Legal Counsel
Regulatory Compliance Officer
Business Development Manager
Chief Commercial Officer
Risk Manager
Operations Director
Energy Contract Administrator
Technical Operations Manager
Chief Financial Officer
Sustainability Officer
Power Systems Engineer
Energy Markets Analyst
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