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Power Sales Agreement Template for Nigeria

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Key Requirements PROMPT example:

Power Sales Agreement

"I need a Power Sales Agreement under Nigerian law for a 50MW solar power plant in Lagos State, with a distribution company as the buyer, including provisions for grid interconnection and a 15-year term starting March 2025."

Document background
The Power Sales Agreement serves as the primary commercial instrument for power trading in Nigeria's electricity market. This document is essential when establishing long-term power supply arrangements between generators and buyers, whether they are distribution companies or eligible large consumers. The agreement must align with Nigeria's Electric Power Sector Reform Act and NERC regulations, incorporating specific requirements for pricing, technical standards, and operational procedures. It typically includes detailed provisions for power delivery, payment terms, performance standards, and risk allocation, while also addressing unique aspects of Nigeria's power sector such as grid stability, force majeure events specific to the Nigerian context, and local content requirements. The document is particularly crucial in project finance transactions and for demonstrating bankable revenue streams to potential investors and lenders.
Suggested Sections

1. Parties: Identification and details of the power seller and buyer

2. Background: Context of the agreement, including relevant licenses and authorizations

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Sale and Purchase Obligations: Core obligations regarding power supply and purchase commitments

5. Term and Termination: Duration of agreement and termination provisions

6. Delivery Point and Title: Specification of power delivery point and transfer of title

7. Metering and Testing: Requirements for power measurement and meter testing

8. Billing and Payment: Payment terms, invoicing procedures, and dispute resolution

9. Security Arrangements: Required performance security and credit support

10. Force Majeure: Events excusing performance and related procedures

11. Representations and Warranties: Standard legal representations by both parties

12. Liability and Indemnification: Allocation of risks and indemnification obligations

13. Dispute Resolution: Procedures for resolving disputes

14. Governing Law: Nigerian law as governing law and jurisdiction

15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment

Optional Sections

1. Change in Law: Provisions addressing regulatory changes, used when regulatory environment is volatile

2. Grid Interface: Technical requirements for grid connection, needed for grid-connected projects

3. Environmental Compliance: Environmental obligations, included for projects with significant environmental impact

4. Local Content: Nigerian local content requirements, included when required by regulations

5. Step-in Rights: Lender's step-in rights, included when project financing is involved

6. Insurance: Specific insurance requirements, included for higher-risk projects

7. Construction and Testing: Construction milestones and testing procedures, for new facilities only

Suggested Schedules

1. Technical Specifications: Detailed technical parameters of power supply

2. Pricing and Payment Terms: Detailed pricing formula, adjustments, and payment procedures

3. Testing and Commissioning Procedures: Procedures for initial and periodic testing

4. Performance Standards: Required availability and performance metrics

5. Metering Specifications: Technical requirements for metering equipment

6. Operating Procedures: Detailed procedures for daily operations

7. Interconnection Requirements: Technical specifications for grid connection

8. Form of Performance Security: Template for required security instruments

9. Dispute Resolution Procedures: Detailed procedures for various types of disputes

10. Contact Information: List of key personnel and contact details

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Power Distribution

Industrial Manufacturing

Mining

Oil & Gas

Infrastructure

Renewable Energy

Heavy Industry

Relevant Teams

Legal

Commercial

Operations

Finance

Regulatory Affairs

Business Development

Risk Management

Technical Operations

Energy Trading

Project Development

Procurement

Relevant Roles

General Counsel

Legal Director

Commercial Director

Power Plant Manager

Energy Trading Manager

Business Development Manager

Regulatory Compliance Officer

Chief Financial Officer

Operations Director

Technical Director

Contract Manager

Risk Manager

Project Finance Manager

Energy Procurement 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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