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Direct Power Purchase Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
Direct Power Purchase Agreements are crucial instruments in Malaysia's energy market, enabling direct electricity trading between generators and consumers. These agreements are particularly relevant when commercial or industrial consumers seek to secure reliable power supply or meet sustainability goals through direct procurement from specific power sources. A DPPA typically includes detailed terms covering power supply obligations, pricing mechanisms, technical requirements, and regulatory compliance under Malaysian law. The agreement structure must align with the Electricity Supply Act 1990 and relevant regulations while accommodating specific commercial requirements of both parties. This document type is increasingly important in Malaysia's evolving energy landscape, particularly with the growing focus on renewable energy sources and corporate sustainability initiatives.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

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











































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Relevant Industries

Energy & Utilities

Renewable Energy

Manufacturing

Industrial Processing

Commercial Real Estate

Data Centers

Mining

Agriculture

Retail

Relevant Teams

Legal

Commercial

Operations

Procurement

Finance

Risk Management

Regulatory Affairs

Sustainability

Technical Operations

Environmental Compliance

Relevant Roles

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

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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