Virtual PPA Template for Hong Kong

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Key Requirements PROMPT example:

Virtual PPA

"I need a Virtual PPA agreement for a new 50MW solar project in Hong Kong, with commercial operations expected to start in March 2025, including provisions for construction milestone tracking and a 15-year term with a fixed strike price adjustment mechanism."

Document background
Virtual PPAs have emerged as a crucial tool for corporate renewable energy procurement in markets where direct physical PPAs may be challenging or impossible. This Virtual PPA template is specifically designed for use in Hong Kong, accommodating the territory's unique energy market structure and regulatory framework. The document provides a comprehensive framework for financial settlement between renewable energy generators and corporate buyers, including detailed provisions for price mechanisms, environmental attributes transfer, and risk allocation. It's particularly relevant for companies seeking to meet their sustainability goals while operating within Hong Kong's regulatory environment. The agreement includes all necessary provisions to comply with Hong Kong's Securities and Futures Ordinance, as Virtual PPAs are essentially financial derivatives.
Suggested Sections

1. Parties: Identification of the Generator/Seller and Corporate Buyer/Offtaker

2. Background: Context of the agreement, including project details and parties' objectives

3. Definitions: Defined terms including Settlement Period, Strike Price, Market Reference Price, Contract Quantity

4. Term and Conditions Precedent: Duration of agreement and conditions that must be met before agreement becomes effective

5. Settlement Mechanics: Calculation and payment of settlement amounts, including payment timing and netting provisions

6. Price and Payment Terms: Strike price, adjustment mechanisms, invoicing and payment procedures

7. Generation and Metering: Requirements for measuring and reporting electricity generation

8. Environmental Attributes: Ownership and transfer of renewable energy certificates or other environmental benefits

9. Force Majeure: Events excusing performance and associated procedures

10. Default and Termination: Events of default, cure periods, and termination rights

11. Representations and Warranties: Standard and specific warranties from each party

12. Covenants: Ongoing obligations of the parties

13. Change in Law: Procedures for addressing regulatory changes affecting the agreement

14. Dispute Resolution: Procedures for resolving disputes, including governing law and jurisdiction

15. Confidentiality: Protection of confidential information

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

Optional Sections

1. Carbon Reporting: Optional section for detailed carbon accounting and reporting requirements, used when buyer has specific ESG reporting needs

2. Facility Development Obligations: Used when contract is signed before facility completion, detailing construction and commissioning requirements

3. Credit Support: Required when either party needs to provide performance security or parent guarantees

4. Market Interface: Details of interaction with electricity market operator, needed in more complex market environments

5. Forecasting and Scheduling: Required when generation forecasting obligations are important to the buyer

6. Insurance: Detailed insurance requirements, typically included for larger projects or when required by financiers

7. Local Content Requirements: Include when project must meet specific local content or employment requirements

Suggested Schedules

1. Project Details: Technical specifications of the generating facility

2. Pricing and Settlement Calculations: Detailed formulas and examples for settlement calculations

3. Generation Forecasts: Expected generation profile and any guarantees

4. Form of Guarantees: Template for any required parent company or performance guarantees

5. Metering Specifications: Technical requirements for metering and reporting

6. Form of Direct Agreement: Template agreement with project lenders if required

7. Operating Parameters: Technical and operational requirements for the facility

8. Insurance Requirements: Detailed specification of required insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Renewable Energy

Power Generation

Financial Services

Manufacturing

Technology

Retail

Real Estate

Data Centers

Industrial

Mining

Telecommunications

Relevant Teams

Legal

Finance

Sustainability

Procurement

Risk Management

Treasury

Environmental Compliance

Corporate Development

Operations

Energy Trading

ESG

Relevant Roles

Chief Sustainability Officer

Energy Procurement Manager

Legal Counsel

Chief Financial Officer

Sustainability Director

Risk Manager

Treasury Manager

Environmental Compliance Officer

Power Trading Manager

Corporate Development Director

Renewable Energy Project Manager

ESG Manager

Finance Director

General Counsel

Commercial Manager

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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