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Commercial Power Purchase Agreement
"I need a Commercial Power Purchase Agreement for my solar power facility to supply electricity to a manufacturing plant in Gauteng, South Africa, with operations starting March 2025, including specific provisions for excess power sales back to the grid and compliance with NERSA regulations."
1. Parties: Identification of the power producer (seller) and the purchaser, including their legal details and registered addresses
2. Background: Context of the agreement, including the seller's generation facility details and purchaser's power requirements
3. Definitions and Interpretation: Comprehensive definitions of technical and commercial terms, and rules of interpretation
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum take-or-pay provisions
5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effective date
6. Facility and Connection: Details of the generation facility and connection arrangements to the relevant grid or distribution system
7. Metering and Testing: Requirements for measuring electricity delivery and testing procedures
8. Price and Payment: Electricity pricing structure, billing procedures, and payment terms
9. Performance Security: Requirements for performance bonds or other security arrangements
10. Operation and Maintenance: Standards for operating and maintaining the generation facility
11. Force Majeure: Events constituting force majeure and their consequences
12. Default and Termination: Events of default, remedies, and termination procedures
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
15. Confidentiality: Protection of confidential information
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Carbon Credits and Environmental Attributes: Used when the facility generates renewable energy and there's potential for carbon credit trading
2. Change in Law: Include when regulatory environment is uncertain or likely to change significantly
3. Currency Risk: Required when payment currency differs from operational currency
4. Grid Interface: Necessary when complex grid connection arrangements exist
5. Insurance: Detailed insurance requirements beyond standard provisions
6. Step-in Rights: Include when lenders require direct project intervention rights
7. Refinancing Provisions: Used when project refinancing is anticipated
8. Local Content Requirements: Include when specific South African local content obligations apply
9. Black Economic Empowerment Provisions: Required for compliance with South African BEE requirements
1. Schedule 1: Technical Specifications: Detailed technical specifications of the generation facility
2. Schedule 2: Testing and Commissioning Procedures: Procedures for facility testing and commissioning
3. Schedule 3: Metering Specifications: Technical requirements for metering equipment and procedures
4. Schedule 4: Price and Payment Calculations: Detailed pricing formulae and payment calculations
5. Schedule 5: Operating Procedures: Day-to-day operational procedures and protocols
6. Schedule 6: Performance Standards: Required performance levels and measurement criteria
7. Schedule 7: Form of Performance Security: Template for performance bond or security
8. Schedule 8: Insurance Requirements: Detailed insurance coverage requirements
9. Schedule 9: Grid Connection Requirements: Technical specifications for grid connection
10. Appendix A: Site Description: Detailed description and plans of the facility site
11. Appendix B: Single Line Diagram: Technical diagram of electrical connections
12. Appendix C: Communications Protocol: Procedures for operational communications between parties
Authors
Energy & Utilities
Manufacturing
Mining
Commercial Real Estate
Industrial Processing
Renewable Energy
Agriculture
Data Centers
Retail
Healthcare
Education
Telecommunications
Legal
Operations
Finance
Procurement
Sustainability
Risk Management
Facilities Management
Technical Operations
Environmental Compliance
Commercial
Project Management
Energy Trading
Contract Administration
Chief Executive Officer
Chief Financial Officer
General Counsel
Energy Procurement Manager
Facilities Manager
Operations Director
Technical Director
Risk Manager
Sustainability Officer
Commercial Director
Project Finance Manager
Legal Counsel
Procurement Officer
Environmental Compliance Manager
Power Plant Manager
Grid Connection Specialist
Energy Trading Manager
Contract Manager
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