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The Third Party Solar Power Purchase Agreement is essential for businesses in India seeking to adopt renewable energy solutions without significant upfront capital investment. This document is typically used when a commercial or industrial consumer wants to purchase solar power from a third-party developer who installs, owns, and operates the solar power system, either on the consumer's premises or off-site. The agreement must comply with Indian regulatory requirements, including the Electricity Act, 2003, relevant state regulations, and renewable energy policies. It covers crucial aspects such as power supply obligations, tariff structures, operational responsibilities, and performance guarantees, while addressing specific Indian market conditions and regulatory requirements. The document is particularly relevant given India's ambitious renewable energy targets and the increasing adoption of solar power by commercial and industrial consumers through the open access route.

1. Parties: Identification of all contracting parties - typically the Solar Power Developer/Provider, the Power Purchaser, and any other relevant third parties

2. Background: Context of the agreement, including project overview, relevant licenses/permits held, and basic premises of the arrangement

3. Definitions: Comprehensive definitions of technical and legal terms used throughout the agreement

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

5. Supply Obligations: Core obligations regarding power supply, including minimum guaranteed supply, peak requirements, and supply schedules

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

7. Metering and Billing: Specifications for energy metering, meter testing, billing procedures, and dispute resolution for billing issues

8. Construction and Installation: Timeline and requirements for construction and installation of solar facilities

9. Operation and Maintenance: Responsibilities for operating and maintaining the solar power facility

10. Performance Standards: Required performance levels, availability guarantees, and quality parameters for power supply

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

12. Representations and Warranties: Standard and specific warranties from each party regarding their capacity, authority, and performance capabilities

13. Insurance and Indemnification: Required insurance coverage and mutual indemnification obligations

14. Default and Remedies: Events of default and available remedies for each party

15. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

16. Governing Law: Applicable law and jurisdiction