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Direct Power Purchase Agreement
"Need a Direct Power Purchase Agreement for a 50MW solar facility in Ontario, with delivery starting March 2025, including provisions for carbon credits and environmental attributes, where we are the power purchaser for our data center operations."
1. Parties: Identification of the power generator/seller and the purchaser/buyer
2. Background: Context of the agreement, including facility details and purpose of the PPA
3. Definitions: Definitions of technical, commercial, and legal terms used throughout the agreement
4. Sale and Purchase Obligation: Core obligations regarding the sale and purchase of electricity
5. Term and Termination: Duration of the agreement and termination rights
6. Delivery Point and Title: Specification of where electricity will be delivered and transfer of ownership
7. Metering and Measurement: Requirements for measuring delivered electricity
8. Price and Payment: Pricing structure, payment terms, and billing procedures
9. Performance Security: Security requirements from either party
10. Force Majeure: Events excusing performance and associated procedures
11. Representations and Warranties: Standard and specific warranties from both parties
12. Covenants: Ongoing obligations of both parties
13. Events of Default: Circumstances constituting default and consequences
14. Liability and Indemnification: Allocation of risks and indemnification obligations
15. Dispute Resolution: Procedures for resolving disputes
16. Governing Law: Applicable law and jurisdiction
1. Environmental Attributes: Treatment of renewable energy credits and other environmental attributes, used when the generator produces renewable energy
2. Interconnection: Terms regarding connection to the grid, used when generator is responsible for interconnection
3. Construction and Development: Terms regarding facility construction, used for facilities not yet operational
4. Indigenous Rights Compliance: Specific provisions regarding First Nations rights, used when relevant to project location
5. Carbon Credit Allocation: Treatment of carbon credits and obligations, used in jurisdictions with carbon pricing
6. Change in Law: Provisions dealing with regulatory changes, used in longer-term PPAs
7. Insurance: Specific insurance requirements, used for higher-risk projects
8. Step-in Rights: Lender's step-in rights, used when project financing is involved
1. Facility Description: Technical details of the generation facility
2. Pricing Schedule: Detailed pricing mechanisms and calculations
3. Operating Parameters: Technical and operational requirements
4. Metering Specifications: Detailed metering requirements and standards
5. Form of Performance Security: Template for required security instruments
6. Interconnection Details: Technical specifications for grid connection
7. Annual Contract Quantity: Expected generation and delivery quantities
8. Communication Protocols: Procedures for operational communications
9. Form of Generation Forecast: Template for production forecasting
10. Insurance Requirements: Detailed insurance specifications
Authors
Energy & Utilities
Manufacturing
Mining
Data Centers
Commercial Real Estate
Retail
Healthcare
Education
Industrial Processing
Agriculture
Telecommunications
Legal
Procurement
Operations
Finance
Risk Management
Sustainability
Environmental Compliance
Commercial
Project Management
Technical Operations
Business Development
Energy Procurement Manager
Sustainability Director
Chief Financial Officer
Legal Counsel
Operations Director
Facility Manager
Risk Manager
Environmental Compliance Officer
Commercial Director
Project Manager
Energy Trading Manager
Chief Technology Officer
Contract Administrator
Business Development Manager
Power Plant Manager
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