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Physical Power Purchase Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Physical Power Purchase Agreement (PPA) is a fundamental document in Malaysia's energy sector, used to establish and govern the relationship between power generators and purchasers of electricity. This agreement is essential when a power producer wishes to sell electricity to an offtaker through physical delivery, typically involving connection to Malaysia's national grid. The document must comply with the Malaysian Electricity Supply Act 1990, Energy Commission Act 2001, and other relevant regulations. It becomes particularly important in cases involving independent power producers, renewable energy projects, or large industrial consumers seeking dedicated power supply arrangements. The agreement covers crucial aspects such as power delivery commitments, pricing structures, technical specifications, and operational procedures, all while ensuring alignment with Malaysia's single buyer market structure and grid code requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Power Generation

Renewable Energy

Manufacturing

Industrial

Mining

Commercial Real Estate

Data Centers

Healthcare

Education

Infrastructure

Heavy Industry

Relevant Teams

Legal

Operations

Commercial

Finance

Risk Management

Regulatory Compliance

Technical

Environmental

Procurement

Business Development

Project Management

Energy Trading

Asset Management

Corporate Strategy

Relevant Roles

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

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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