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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."
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
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
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
Affiliate
Agreement
Annual Contract Quantity
Applicable Law
Billing Period
Business Day
Change in Law
Commercial Operation Date
Competent Authority
Connection Agreement
Connection Point
Contract Price
Contract Year
Default Interest Rate
Defaulting Party
Delivery Point
Distribution Network
Effective Date
Electricity
Environmental Attributes
Event of Default
Expected Commercial Operation Date
Facility
Force Majeure Event
Good Industry Practice
Grid
Grid Code
Initial Period
Insolvency Event
Interconnection Facilities
kW
kWh
Legal Requirements
Losses
Material Adverse Effect
Metering Equipment
Minimum Guaranteed Output
MW
MWh
NERSA
Network Operator
Operating Parameters
Operating Procedures
Performance Security
Planned Maintenance
Power Purchase Agreement
Project
Project Site
Prudent Operating Practice
Qualified Personnel
Renewable Energy Facility
Required Consents
Safety Requirements
Scheduled Commercial Operation Date
Specified Output
System Emergency
Technical Limits
Term
Termination Date
Transmission System
Unplanned Outage
VAT
Wheeling Agreement
Wheeling Charges
Sale and Purchase Obligations
Conditions Precedent
Term and Duration
Price and Payment
Metering
Grid Connection
Delivery Point
Performance Standards
Testing and Commissioning
Operation and Maintenance
Force Majeure
Change in Law
Default and Termination
Liability and Indemnification
Insurance
Security
Assignment and Transfer
Confidentiality
Dispute Resolution
Notices
Environmental Compliance
Regulatory Compliance
Representations and Warranties
Health and Safety
Records and Audit
Intellectual Property
Anti-corruption
Boilerplate
Governing Law
Construction and Commissioning
Emergency Procedures
Reporting Requirements
Technical Requirements
Planned Maintenance
Risk Allocation
Wheeling Arrangements
Carbon Credits
Local Content Requirements
Step-in Rights
Energy & Utilities
Mining
Manufacturing
Data Centers & Technology
Retail
Commercial Real Estate
Industrial
Agriculture
Healthcare
Telecommunications
Legal
Finance
Procurement
Operations
Sustainability
Risk Management
Facilities Management
Technical Operations
Environmental Compliance
Commercial
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
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