Corporate Power Purchase Agreement Template for South Africa

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Key Requirements PROMPT example:

Corporate Power Purchase Agreement

"I need a Corporate Power Purchase Agreement for a 50MW solar facility in the Western Cape, South Africa, supplying power to our mining operations, with commercial operations planned to commence in March 2025 and including provisions for energy storage."

Document background
The Corporate Power Purchase Agreement is a critical instrument in South Africa's evolving energy landscape, particularly as businesses seek alternatives to grid dependency amid ongoing power supply challenges. This document enables direct commercial arrangements between independent power producers and corporate consumers, typically for renewable energy supply, while ensuring compliance with South African regulatory requirements including the Electricity Regulation Act and NERSA guidelines. The agreement covers essential elements such as energy pricing, delivery commitments, performance standards, and risk allocation, while accommodating specific technical and operational requirements of power generation and consumption. It's particularly relevant given South Africa's energy crisis and the increasing trend toward private power generation and renewable energy solutions. The document structure reflects both international best practices and local regulatory requirements, making it suitable for various scales of power purchase arrangements.
Suggested Sections

1. Parties: Identification of the power producer and the corporate purchaser, including their registration details and addresses

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

3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and rules of interpretation

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum purchase obligations

5. Term and Effective Date: Duration of the agreement, conditions precedent, and effective date

6. Electricity Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures

7. Metering and Reporting: Requirements for measuring electricity delivery and associated reporting obligations

8. Performance Standards: Required technical standards, availability guarantees, and quality requirements

9. Grid Connection and Delivery: Responsibilities for grid connection and electricity delivery points

10. Force Majeure: Definition of force majeure events and their consequences

11. Default and Termination: Events of default, remedies, and termination provisions

12. Liability and Indemnification: Allocation of risks and limitations of liability

13. Insurance: Required insurance coverage for both parties

14. Confidentiality: Protection of confidential information and trade secrets

15. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Construction and Commissioning: Required when the generating facility is yet to be built, including construction milestones and commissioning procedures

2. Environmental Attributes: Needed when dealing with renewable energy certificates or carbon credits

3. Change in Law: Specific provisions for managing regulatory changes, particularly relevant in evolving renewable energy markets

4. Storage Facilities: Required when the project includes energy storage systems

5. Multiple Delivery Points: Needed when electricity is to be delivered to multiple locations

6. Direct Agreement: Required when project financing is involved, addressing lender's step-in rights

7. Local Content Requirements: Needed when local content or economic development obligations apply

8. Wheeling Arrangements: Required when using third-party transmission infrastructure

Suggested Schedules

1. Technical Specifications: Detailed technical specifications of the generating facility

2. Pricing Schedule: Detailed pricing mechanisms, escalation formulae, and worked examples

3. Performance Testing Procedures: Procedures for testing and verifying facility performance

4. Metering Specifications: Technical requirements for metering equipment and procedures

5. Operating Procedures: Detailed procedures for day-to-day operation and maintenance

6. Form of Performance Security: Template for performance bonds or other security instruments

7. Grid Connection Details: Technical specifications of grid connection arrangements

8. Approved Contractors: List of approved contractors for maintenance and repairs

9. Environmental Requirements: Environmental compliance requirements and monitoring procedures

10. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

11. Generation Forecasting: Procedures and requirements for generation forecasting

12. Reporting Templates: Standard forms for various required reports under the agreement

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

Energy & Utilities

Mining

Manufacturing

Data Centers & Technology

Retail

Commercial Real Estate

Industrial

Agriculture

Healthcare

Telecommunications

Relevant Teams

Legal

Finance

Procurement

Operations

Sustainability

Risk Management

Facilities Management

Technical Operations

Environmental Compliance

Commercial

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Head of Procurement

Energy Manager

Sustainability Director

Commercial Director

Risk Manager

Facilities Manager

Operations Director

Legal Counsel

Project Manager

Environmental Compliance Officer

Technical Director

Finance 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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