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This Third Party Solar Power Purchase Agreement is essential for businesses in Malaysia seeking to implement solar power solutions without significant upfront capital investment. The document is used when a solar power provider installs, owns, and operates a solar power system on the purchaser's premises, selling the generated electricity to the purchaser at pre-agreed rates. It ensures compliance with Malaysian regulatory requirements, including the Renewable Energy Act 2011 and Energy Commission regulations. The agreement covers crucial aspects such as installation rights, performance guarantees, maintenance obligations, pricing structures, and risk allocation. It's particularly relevant for commercial and industrial entities looking to reduce energy costs and meet sustainability goals while navigating Malaysia's renewable energy framework.

1. Parties: Identification of the Solar Power Provider and the Power Purchaser, including registration details

2. Background: Context of the agreement, including brief description of the project and parties' intentions

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Sale and Purchase of Energy: Core obligations regarding the sale and purchase of solar power, including exclusivity provisions

5. Term and Effectiveness: Duration of the agreement, including conditions precedent and effective date

6. Installation and Commissioning: Requirements and process for installing and commissioning the solar power system

7. Operating Requirements: Operational standards, maintenance obligations, and performance requirements

8. Metering and Billing: Specifications for measuring delivered energy and billing procedures

9. Payment Terms: Tariff structure, payment obligations, and invoicing requirements

10. Access Rights: Provider's rights to access the installation site for maintenance and operations

11. Representations and Warranties: Standard and specific warranties from both parties

12. Force Majeure: Definition and consequences of force majeure events

13. Default and Termination: Events of default, cure periods, and termination rights

14. Liability and Indemnification: Allocation of risks and liability between parties

15. Insurance: Required insurance coverage for both parties

16. Dispute Resolution: Procedures for resolving disputes, including governing law and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment