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Direct Power Purchase Agreement Template for India

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Key Requirements PROMPT example:

Direct Power Purchase Agreement

"I need a Direct Power Purchase Agreement for a 50MW solar power plant in Maharashtra, India, supplying power to our manufacturing facility, with the agreement starting from March 2025 and including provisions for renewable energy certificates and carbon credits."

Document background
Direct Power Purchase Agreements have become increasingly important in India's evolving electricity market, offering consumers the flexibility to procure power directly from generators. These agreements are particularly crucial for commercial and industrial consumers seeking reliable and cost-effective power supply alternatives. The Direct Power Purchase Agreement serves as a comprehensive framework documenting the commercial and technical arrangements between the parties, ensuring compliance with Indian electricity regulations, including the Electricity Act, 2003, and relevant state regulations. It includes essential provisions for power scheduling, tariff determination, payment security mechanisms, and operational procedures, while addressing specific requirements for grid access and transmission arrangements. This document type is commonly used when businesses seek to secure long-term power supply arrangements, particularly for renewable energy procurement or to meet sustainable energy goals.
Suggested Sections

1. Parties: Identification of the power generator/seller and the purchaser with their complete legal details

2. Background: Context of the agreement, including details of power generation facility and purpose of the agreement

3. Definitions: Detailed definitions of technical and commercial terms used throughout the agreement

4. Term and Termination: Duration of the agreement, conditions for renewal, and circumstances for termination

5. Supply Obligations: Quantum of power to be supplied, delivery points, and availability commitments

6. Payment Terms: Tariff structure, billing procedures, payment security mechanisms, and late payment consequences

7. Metering and Billing: Specifications for metering, meter reading procedures, and billing methodology

8. Force Majeure: Events constituting force majeure and their consequences on contractual obligations

9. Grid Connection and Transmission: Responsibilities for grid connection, transmission arrangements, and associated costs

10. Technical Requirements: Technical standards, operating procedures, and maintenance requirements

11. Representations and Warranties: Standard and specific representations made by both parties

12. Dispute Resolution: Mechanism for resolving disputes, including arbitration procedures

13. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction

14. Confidentiality: Obligations regarding confidential information and permitted disclosures

Optional Sections

1. Renewable Energy Certificates: Include when the power is from renewable sources and RECs are part of the transaction

2. Carbon Credits: Include when carbon credits or other environmental attributes are being traded

3. Deemed Generation: Include when compensation for grid failure or backing down instructions needs to be addressed

4. Change in Law: Include when specific provisions for handling regulatory changes are required

5. Open Access Provisions: Include when power needs to be wheeled through the grid using open access

6. Assignment and Financing: Include when project financing or potential assignment rights need to be addressed

7. Insurance: Include when specific insurance requirements need to be detailed

8. Step-in Rights: Include when lenders require step-in rights in case of default

Suggested Schedules

1. Technical Specifications: Detailed specifications of the power plant and generation equipment

2. Testing and Commissioning Procedures: Procedures for initial testing and commissioning of the facility

3. Tariff and Payment Details: Detailed tariff structure, calculations, and payment terms

4. Performance Standards: Specific performance parameters and associated incentives/penalties

5. Metering Specifications: Technical details of metering equipment and protocols

6. Operating Procedures: Detailed procedures for day-to-day operations and communications

7. Interconnection Details: Technical specifications and drawings for grid interconnection

8. Load Pattern and Supply Schedule: Expected load patterns and agreed supply schedule

9. Contact Details: List of authorized representatives and contact information

10. Forms and Formats: Standard forms for notices, invoices, and other routine communications

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

Industrial Processing

Data Centers

Commercial Real Estate

Renewable Energy

Mining

Steel Production

Cement Production

Textile Manufacturing

Information Technology

Telecommunications

Healthcare

Retail

Relevant Teams

Legal

Finance

Operations

Procurement

Regulatory Affairs

Risk Management

Sustainability

Technical Operations

Commercial

Facilities Management

Project Management

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technical Officer

Power Purchase Manager

Energy Procurement Specialist

Legal Counsel

Regulatory Compliance Officer

Operations Director

Sustainability Manager

Commercial Director

Risk Manager

Contract Manager

Technical Director

Finance Manager

Energy Trading Manager

Project Manager

Facilities 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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