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Direct Power Purchase Agreement Template for Canada

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Key Requirements PROMPT example:

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."

Document background
The Direct Power Purchase Agreement (PPA) is a crucial instrument in the Canadian energy market that enables direct electricity procurement between generators and consumers. It is particularly relevant in jurisdictions allowing direct power purchases outside the standard utility framework. This agreement type is commonly used by organizations seeking to secure long-term power supply, often with specific focus on renewable energy sources, and looking to manage electricity costs while meeting sustainability goals. The document encompasses all essential elements required under Canadian federal and provincial regulations, including power delivery terms, pricing structures, operational requirements, and compliance obligations. It's especially valuable for large power consumers wanting to bypass traditional utility arrangements and for power generators seeking reliable long-term revenue streams. The agreement must comply with provincial electricity market rules, as electricity regulation in Canada falls primarily under provincial jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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






















































Clauses









































Relevant Industries

Energy & Utilities

Manufacturing

Mining

Data Centers

Commercial Real Estate

Retail

Healthcare

Education

Industrial Processing

Agriculture

Telecommunications

Relevant Teams

Legal

Procurement

Operations

Finance

Risk Management

Sustainability

Environmental Compliance

Commercial

Project Management

Technical Operations

Business Development

Relevant Roles

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

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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