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Physical Power Purchase Agreement
"I need a Physical Power Purchase Agreement for a 50MW solar power plant in Johor, Malaysia, where we'll be selling power to a large industrial customer, with commercial operations planned to begin in March 2025."
1. Parties: Identification of the power producer/seller and the buyer/offtaker
2. Background: Context of the agreement, including facility description and purpose
3. Definitions and Interpretation: Defined terms, rules of interpretation, and language governing the agreement
4. Sale and Purchase Obligations: Core obligations for the sale and purchase of electricity, including capacity and energy commitments
5. Term and Effective Date: Duration of the agreement, conditions precedent, and effective date
6. Facility Requirements: Technical specifications, construction requirements, and operational standards
7. Metering and Testing: Requirements for measuring delivered electricity and facility testing procedures
8. Price and Payment: Tariff structure, payment terms, invoicing, and dispute procedures
9. Connection and Delivery: Grid connection requirements and delivery points
10. Operating Procedures: Day-to-day operational requirements and protocols
11. Force Majeure: Definition and consequences of force majeure events
12. Representations and Warranties: Standard and specific warranties from both parties
13. Insurance: Required insurance coverage and maintenance
14. Default and Termination: Events of default, cure periods, and termination rights
15. Liability and Indemnification: Allocation of risks and limitations of liability
16. Dispute Resolution: Procedures for resolving disputes, including arbitration
17. Confidentiality: Protection of confidential information
18. Governing Law: Application of Malaysian law and jurisdiction
19. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Renewable Energy Certificates: Required for renewable energy facilities, covering the allocation and trading of renewable energy certificates
2. Carbon Credits: Include when the facility generates carbon credits or similar environmental attributes
3. Government Approvals: Detailed section needed for projects requiring specific regulatory approvals
4. Local Content Requirements: Include when there are specific Malaysian local content obligations
5. Interface Agreement: Required when multiple parties are involved in transmission or distribution
6. Fuel Supply: Include for thermal power plants with specific fuel requirements
7. Step-in Rights: Include when required by lenders or for critical infrastructure
8. Performance Security: Include when additional security or performance bonds are required
1. Facility Description: Detailed technical specifications of the power generation facility
2. Testing Procedures: Detailed procedures for commissioning and performance testing
3. Tariff and Payment Calculations: Detailed formulas and examples for price calculations
4. Minimum Functional Specifications: Technical requirements and performance standards
5. Operating Procedures Manual: Detailed operational protocols and procedures
6. Interconnection Requirements: Technical specifications for grid connection
7. Form of Performance Security: Template for performance bonds or guarantees
8. Metering Requirements: Technical specifications for metering equipment and procedures
9. Annual Operating Plan Template: Format for required operational planning documents
10. Insurance Requirements: Detailed list of required insurance coverage
11. Environmental and Social Requirements: Environmental compliance and social responsibility standards
12. Form of Direct Agreement: Template for lender direct agreements if required
Authors
Energy & Utilities
Power Generation
Renewable Energy
Manufacturing
Industrial
Mining
Commercial Real Estate
Data Centers
Healthcare
Education
Infrastructure
Heavy Industry
Legal
Operations
Commercial
Finance
Risk Management
Regulatory Compliance
Technical
Environmental
Procurement
Business Development
Project Management
Energy Trading
Asset Management
Corporate Strategy
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
Power Plant Manager
Energy Trading Director
Commercial Director
Legal Counsel
Contract Manager
Project Manager
Technical Director
Operations Manager
Risk Manager
Regulatory Compliance Officer
Energy Procurement Manager
Business Development Director
Facility Manager
Environmental Compliance Manager
Power Systems Engineer
Finance Director
Strategy Director
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