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Third Party Solar Power Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Third Party Solar Power Purchase Agreement (PPA) is a specialized contract used in the Australian market where a solar power provider installs, owns, and operates a solar power system on a customer's property, selling the generated electricity to the customer at pre-agreed rates. This arrangement allows customers to benefit from solar power without upfront capital investment. The document is particularly relevant in contexts where organizations seek to reduce energy costs and carbon emissions while outsourcing the technical and operational aspects of solar power generation. It includes comprehensive provisions for system installation, operation, maintenance, and performance guarantees, while ensuring compliance with Australian energy regulations, consumer protection laws, and relevant state-specific requirements. The agreement is structured to protect both parties' interests while facilitating the transition to renewable energy.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































































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Relevant Industries

Energy & Utilities

Commercial Real Estate

Industrial & Manufacturing

Retail

Healthcare

Education

Agriculture

Mining

Government & Public Sector

Data Centers

Hospitality

Residential Property

Relevant Teams

Legal

Finance

Operations

Facilities Management

Procurement

Sustainability

Risk & Compliance

Property Management

Commercial

Technical Services

Environmental

Relevant Roles

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

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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