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Power Offtake Agreement
"I need a Power Offtake Agreement for a 50MW solar plant in the Northern Cape, South Africa, with Eskom as the offtaker, targeting commercial operation date in March 2025, including specific provisions for energy storage systems and REIPPPP compliance."
1. Parties: Identification of the power producer (seller) and the offtaker (purchaser), including their legal details and representatives
2. Background: Context of the agreement, including facility details, relevant licenses, and regulatory framework
3. Definitions: Comprehensive definitions of technical, commercial, and legal terms used throughout the agreement
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of power, including minimum take-or-pay provisions
5. Term and Termination: Duration of the agreement, conditions for renewal, and termination rights
6. Commercial Terms: Pricing structure, payment terms, invoicing, and billing procedures
7. Metering and Testing: Requirements for measuring delivered power, testing procedures, and dispute resolution for measurements
8. Operating Procedures: Day-to-day operational requirements, dispatch procedures, and maintenance protocols
9. Performance Standards: Required technical standards, power quality requirements, and performance guarantees
10. Force Majeure: Definition of force majeure events and their consequences
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Insurance: Required insurance coverage for both parties
13. Default and Remedies: Events of default and available remedies
14. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
15. Governing Law: Specification of South African law as governing law and jurisdiction
1. Renewable Energy Credits: Section needed for renewable energy projects dealing with carbon credits and green certificates
2. Grid Connection: Required when the producer is responsible for grid connection infrastructure
3. Construction and Development: Needed for projects not yet operational, covering construction milestones and requirements
4. Environmental Credits: For projects generating environmental benefits or carbon credits
5. Local Content Requirements: Section addressing B-BBEE requirements and local content obligations
6. Storage Facilities: Required for projects including energy storage components
7. Capacity Market Participation: For projects participating in capacity markets or ancillary services
8. Change in Law Provisions: Detailed provisions for managing regulatory changes in the energy sector
1. Technical Specifications: Detailed technical parameters of the generation facility
2. Testing Procedures: Procedures for acceptance testing and periodic performance tests
3. Metering Specifications: Technical requirements for metering equipment and procedures
4. Pricing Formula: Detailed calculation of energy charges and capacity payments
5. Operating Procedures Manual: Detailed procedures for daily operations and communication
6. Performance Standards: Specific technical and operational performance requirements
7. Form of Performance Security: Template for performance bonds or guarantees
8. Interconnection Requirements: Technical specifications for grid connection
9. Emergency Procedures: Protocols for emergency situations and outages
10. Insurance Requirements: Detailed specification of required insurance coverage
11. Forecast and Scheduling: Procedures for power delivery forecasting and scheduling
Authors
Affiliate
Agreement
Annual Generation Forecast
Applicable Law
Availability Factor
Billing Period
Business Day
Capacity
Change in Law
Commercial Operation Date
Commissioning Tests
Competition Act
Confidential Information
Connection Agreement
Connection Point
Contract Capacity
Contract Year
Contracted Energy
Default Rate
Delivery Point
Dispatch Instructions
Distribution Network
Due Date
Effective Date
Electricity Regulation Act
Emergency
Energy Charge
Energy Payment
Environmental Law
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Grid Code
Grid Connection
Grid System
Independent Engineer
Initial Operation Date
Interconnection Facilities
Invoice
kW
kWh
Lenders
Maintenance Schedule
Material Adverse Effect
Metering Equipment
Metering Point
Minimum Take
MW
MWh
NERSA
Net Electrical Output
Operating Committee
Operating Procedures
Outage
Performance Security
Plant
Point of Delivery
Power Purchase Price
Prudent Operating Practice
Prudent Utility Practice
Scheduled Maintenance
Site
South African Rand
Start-up
System Emergency
Take-or-Pay
Target Commercial Operation Date
Technical Limits
Term
Termination Date
Testing
Transmission Network
Unit
VAT
Sale and Purchase Obligations
Conditions Precedent
Term and Termination
Construction and Development
Testing and Commissioning
Operations and Maintenance
Metering
Billing and Payment
Performance Security
Force Majeure
Change in Law
Representations and Warranties
Environmental Compliance
Insurance
Default and Termination
Liability and Indemnification
Assignment and Transfer
Confidentiality
Dispute Resolution
Governing Law
Notices
Anti-Corruption
Health and Safety
Technical Requirements
Grid Connection
Scheduled Maintenance
Emergency Procedures
Records and Reporting
Regulatory Compliance
Take-or-Pay Obligations
Performance Standards
Liquidated Damages
Step-in Rights
Local Content Requirements
Risk Allocation
Intellectual Property
Data Protection
Amendments
Severability
Waiver
Entire Agreement
Energy
Renewable Energy
Infrastructure
Utilities
Mining
Industrial Manufacturing
Commercial Real Estate
Agriculture
Public Sector
Financial Services
Legal
Operations
Commercial
Finance
Risk Management
Regulatory Compliance
Technical Services
Environmental
Project Development
Procurement
Business Development
Treasury
Corporate Affairs
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
General Counsel
Commercial Director
Energy Trading Manager
Project Development Manager
Power Plant Manager
Regulatory Compliance Officer
Risk Manager
Operations Director
Technical Director
Environmental Manager
Contract Manager
Business Development Director
Energy Procurement Manager
Finance Manager
Legal Counsel
Project Finance Manager
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