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Direct Power Purchase Agreement
"I need a Direct Power Purchase Agreement for a solar power facility in Johor, Malaysia, with a commercial operation date of March 2025, where my manufacturing company will purchase 5MW of power from a local renewable energy producer for a 15-year term."
1. Parties: Identification of the power producer/seller and the buyer/offtaker
2. Background: Context of the agreement, including facility details and regulatory framework
3. Definitions and Interpretation: Definitions of technical and commercial terms, rules of interpretation
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity
5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effective date
6. Metering and Testing: Requirements for measuring and verifying electricity supply
7. Billing and Payment: Payment terms, invoicing procedures, and dispute mechanisms
8. Force Majeure: Events constituting force majeure and their consequences
9. Default and Termination: Events of default, termination rights, and consequences
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
12. Confidentiality: Protection of confidential information
13. Governing Law: Application of Malaysian law and jurisdiction
14. Notices: Communication procedures between parties
15. General Provisions: Standard boilerplate clauses including assignment, amendments, etc.
1. Construction and Development: Required if the generating facility is not yet operational, covering construction milestones and requirements
2. Renewable Energy Certificates: Include if the agreement involves renewable energy sources and certificate trading
3. Grid Connection: Required if the agreement needs to address specific grid connection requirements
4. Performance Security: Include if additional financial security is required from either party
5. Insurance: Detailed insurance requirements if not covered in general obligations
6. Change in Law: Include if specific provisions for regulatory changes are needed
7. Environmental Attributes: Required for renewable energy projects to address carbon credits or other environmental benefits
8. Step-in Rights: Include if lenders require specific step-in provisions
1. Technical Specifications: Detailed specifications of the generating facility and equipment
2. Testing and Commissioning Procedures: Procedures for initial and ongoing testing of the facility
3. Metering Specifications: Technical requirements for metering equipment and procedures
4. Pricing and Payment Calculations: Detailed methodology for calculating payments and adjustments
5. Operating Procedures: Day-to-day operational requirements and procedures
6. Performance Standards: Required performance levels and calculation of availability/reliability
7. Form of Performance Security: Template for any required performance bonds or guarantees
8. Interconnection Requirements: Technical specifications for grid connection
9. Contact Details: List of key personnel and contact information for both parties
Authors
Energy & Utilities
Renewable Energy
Manufacturing
Industrial Processing
Commercial Real Estate
Data Centers
Mining
Agriculture
Retail
Legal
Commercial
Operations
Procurement
Finance
Risk Management
Regulatory Affairs
Sustainability
Technical Operations
Environmental Compliance
Chief Legal Officer
Energy Procurement Manager
Sustainability Director
Power Plant Manager
Commercial Director
Legal Counsel
Energy Trading Manager
Risk Manager
Technical Operations Director
Regulatory Compliance Officer
Chief Financial Officer
Project Development Manager
Contracts Manager
Environmental Compliance Manager
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