The Wind Power Purchase Agreement is a crucial contract in the renewable energy sector, establishing the commercial framework for wind power projects in the United States. It addresses key aspects such as energy pricing, delivery terms, performance standards, and risk allocation between parties. The agreement must comply with federal regulations including PURPA and FERC requirements, as well as state-specific renewable energy standards. This document is essential for project financing and typically serves as the primary revenue security for wind power facilities.
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1. Parties: Identification of buyer and seller, including legal entity details
2. Background/Recitals: Context of the agreement, project description, and parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Sale and Purchase Obligations: Core obligations regarding energy purchase and delivery
5. Term and Termination: Duration of agreement and termination conditions
6. Price and Payment: Pricing structure, payment terms, and billing procedures
7. Delivery Point and Metering: Specifications for energy delivery and measurement
8. Operation and Maintenance: Facility maintenance and operational requirements
9. Force Majeure: Circumstances excusing performance
1. Renewable Energy Credits: Provisions governing REC ownership and trading rights - used when RECs are part of the transaction
2. Capacity Rights: Provisions governing rights to capacity attributes - used in markets with capacity mechanisms
3. Development Milestones: Project development timeline and requirements - used for projects not yet operational
4. Credit Support: Security and credit requirements - used when financial assurance is required
1. Schedule 1 - Facility Description: Technical specifications of the wind facility
2. Schedule 2 - Product Price Schedule: Detailed pricing information and escalators
3. Schedule 3 - Expected Energy Production: Projected output and performance guarantees
4. Schedule 4 - Metering Specifications: Technical requirements for metering equipment
5. Schedule 5 - Form of Performance Security: Template for required security instruments
6. Schedule 6 - Operating Procedures: Detailed operational protocols
7. Schedule 7 - Insurance Requirements: Required insurance coverage details
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