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Third Party Solar Power Purchase Agreement
"I need a Third Party Solar Power Purchase Agreement for a large industrial facility in Western Australia, including battery storage provisions and a purchase option exercisable after 5 years, with operations to commence by March 2025."
1. Parties: Identification of the PPA provider and customer, including ABN/ACN
2. Background: Context of the agreement, including premise ownership and purpose
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Term and Commencement: Duration of agreement and conditions for commencement
5. Installation and Commissioning: Process and requirements for system installation
6. Sale and Purchase of Electricity: Core obligations regarding electricity supply and purchase
7. Pricing and Payment Terms: Electricity rates, billing procedures, and payment terms
8. Metering and Monitoring: Requirements for measuring electricity generation and consumption
9. Operation and Maintenance: Responsibilities for system maintenance and performance
10. Access Rights: Provider's access rights to the installation site
11. Customer Obligations: Customer's responsibilities including site preparation and cooperation
12. Warranties and Performance Guarantees: System performance guarantees and warranty terms
13. Insurance and Risk: Insurance requirements and risk allocation
14. Default and Termination: Events of default and termination rights
15. Liability and Indemnities: Limitation of liability and indemnification provisions
16. Force Majeure: Events excusing performance obligations
17. Dispute Resolution: Process for resolving disputes
18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Battery Storage System: Terms specific to battery storage if included in the system
2. Purchase Option: Terms for customer's option to purchase the system
3. Grid Connection: Specific requirements for grid connection if not standard
4. Environmental Attributes: Allocation of renewable energy certificates and carbon credits
5. Relocation: Process for system relocation if site change is permitted
6. Project Finance: Additional terms required by project financiers
7. Multiple Sites: Additional terms for agreements covering multiple installation sites
8. Contractor Requirements: Specific requirements for contractors working on site
1. System Specifications: Technical details of solar system components and design
2. Pricing Schedule: Detailed pricing structure, rates, and adjustment mechanisms
3. Site Details: Installation location specifications and site requirements
4. Performance Specifications: Detailed performance guarantees and measurement methodology
5. Installation Timeline: Project timeline including key milestones and deadlines
6. Maintenance Schedule: Planned maintenance activities and schedules
7. Form of Performance Security: Template for any required performance bonds or guarantees
8. Approved Contractors: List of approved installation and maintenance contractors
9. Required Approvals: List of required permits, consents, and approvals
10. Metering Specifications: Technical requirements for metering equipment
Authors
Energy & Utilities
Commercial Real Estate
Industrial & Manufacturing
Retail
Healthcare
Education
Agriculture
Mining
Government & Public Sector
Data Centers
Hospitality
Residential Property
Legal
Finance
Operations
Facilities Management
Procurement
Sustainability
Risk & Compliance
Property Management
Commercial
Technical Services
Environmental
Chief Financial Officer
Sustainability Manager
Facilities Manager
Property Manager
Energy Manager
Operations Director
Legal Counsel
Commercial Manager
Procurement Manager
Project Manager
Risk Manager
Technical Director
Chief Operations Officer
Environmental Compliance Officer
Asset Manager
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