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Power Sales Agreement
"I need a Power Sales Agreement for a new solar farm in Queensland, scheduled to commence operations in March 2025, with a capacity of 100MW and including provisions for battery storage and environmental certificates trading."
1. Parties: Identification of the power seller/generator and buyer/offtaker, including full legal names and ABNs
2. Background: Context of the agreement, including facility details, connection points, and regulatory framework
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Term and Conditions Precedent: Contract duration, commencement date, and any conditions that must be satisfied before the agreement becomes effective
5. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including any minimum supply/take obligations
6. Connection and Delivery: Requirements for connection to the grid, delivery points, and technical specifications
7. Metering and Measurement: Requirements for measuring electricity supplied, including meter specifications and reading procedures
8. Price and Payment: Pricing structure, payment terms, invoicing requirements, and dispute procedures
9. Performance Requirements: Technical and operational performance standards, including availability and reliability requirements
10. Force Majeure: Events constituting force majeure and consequences
11. Default and Termination: Events of default, cure periods, and termination rights
12. Liability and Indemnities: Allocation of risks, limitation of liability, and indemnification obligations
13. Dispute Resolution: Procedures for resolving disputes, including negotiation, mediation, and arbitration
14. General Provisions: Standard boilerplate clauses including notices, assignment, governing law
1. Environmental Attributes: Terms relating to renewable energy certificates and environmental credits, used when the power source is renewable
2. Battery Storage: Specific provisions for energy storage facilities, included when battery storage is part of the generation facility
3. Curtailment Rights: Terms governing when and how generation can be curtailed, particularly relevant for renewable energy facilities
4. Change in Law: Provisions addressing regulatory changes, particularly important in long-term agreements
5. Market Operations: Specific provisions for participation in the National Electricity Market, required for grid-connected facilities
6. Development and Construction: Included when the generating facility is not yet operational, covering construction milestones and requirements
7. Credit Support: Requirements for security and credit support, included based on creditworthiness assessment
8. Insurance: Specific insurance requirements beyond standard coverage
1. Facility Description: Detailed technical specifications of the generating facility
2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustments
3. Performance Standards: Technical performance requirements and testing procedures
4. Operating Procedures: Detailed procedures for day-to-day operations and communications
5. Metering Specifications: Technical requirements for metering equipment and procedures
6. Form of Performance Security: Template for any required performance bonds or guarantees
7. Connection Details: Technical specifications of grid connection and delivery points
8. Testing and Commissioning Procedures: Requirements for facility testing and commissioning
9. Calculation of Liquidated Damages: Formulas and procedures for calculating various liquidated damages
Authors
Energy & Utilities
Renewable Energy
Mining
Manufacturing
Industrial Processing
Data Centers
Infrastructure
Commercial Real Estate
Agriculture
Telecommunications
Legal
Commercial Operations
Energy Trading
Risk Management
Regulatory Compliance
Technical Operations
Finance
Procurement
Business Development
Environmental Compliance
Contract Management
Energy Trading Manager
Commercial Director
Legal Counsel
Regulatory Compliance Officer
Power Plant Manager
Risk Manager
Commercial Operations Manager
Energy Markets Analyst
Technical Operations Director
Chief Financial Officer
Procurement Manager
Business Development Manager
Project Finance Manager
Environmental Compliance Manager
Contract Administrator
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