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Power Sales Agreement
"I need a Power Sales Agreement for a 50MW solar power plant in the Western Cape, South Africa, selling power to a large industrial customer, with operations expected to commence in March 2025 and including specific provisions for carbon credits and renewable energy certificates."
1. Parties: Identification of the power seller and purchaser, including registration details and authorized representatives
2. Background: Context of the agreement, including seller's generation capacity, purchaser's requirements, and any regulatory context
3. Definitions and Interpretation: Definitions of technical terms, industry-specific terminology, and interpretation rules
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of power, including committed capacity and energy quantities
5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effectiveness date
6. Delivery Point and Title: Specification of the delivery point and transfer of title/risk
7. Metering and Recording: Requirements for measuring and recording power delivery
8. Pricing and Payment: Tariff structure, billing procedures, and payment terms
9. Operating Procedures: Day-to-day operational requirements and communication protocols
10. Performance Security: Requirements for guarantees or security deposits
11. Force Majeure: Events constituting force majeure and consequential procedures
12. Default and Termination: Events of default, cure periods, and termination rights
13. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
14. Confidentiality: Protection of confidential information
15. Governing Law: Specification of South African law and jurisdiction
1. Renewable Energy Provisions: Specific provisions for renewable energy sources, including environmental attributes and renewable energy certificates
2. Grid Connection: Required when the seller needs to specify grid connection requirements and responsibilities
3. Carbon Credits: Provisions regarding carbon credits and environmental attributes when applicable
4. Change in Law: Specific provisions for handling regulatory changes in the power sector
5. Insurance: Detailed insurance requirements beyond standard provisions
6. Step-in Rights: Rights of lenders or other parties to step in and operate the facility
7. Local Content Requirements: Provisions addressing South African local content requirements if applicable
8. Black Economic Empowerment: Provisions addressing BEE requirements if applicable to the project
1. Technical Specifications: Detailed technical parameters of power supply and facilities
2. Testing and Commissioning Procedures: Procedures for initial and periodic testing of generation facilities
3. Metering Specifications: Detailed requirements for metering equipment and procedures
4. Tariff and Payment Calculations: Detailed methodology for calculating charges and adjustments
5. Operating Procedures Manual: Detailed procedures for day-to-day operations
6. Performance Standards: Specific performance requirements and measurement criteria
7. Form of Performance Security: Template for required guarantees or security instruments
8. Grid Connection Requirements: Technical specifications for grid connection
9. Emergency Procedures: Procedures for handling emergency situations
10. Contact Details: List of key personnel and contact information for both parties
Authors
Energy & Utilities
Mining
Manufacturing
Industrial Processing
Commercial Real Estate
Data Centers
Renewable Energy
Agriculture
Telecommunications
Healthcare
Legal
Commercial
Operations
Finance
Risk Management
Regulatory Compliance
Technical Operations
Project Development
Procurement
Environmental Compliance
Executive Leadership
Business Development
Energy Contract Manager
Power Plant Manager
Legal Counsel
Commercial Director
Chief Financial Officer
Technical Director
Regulatory Compliance Officer
Risk Manager
Operations Manager
Project Developer
Energy Trading Manager
Procurement Manager
Chief Executive Officer
Business Development Manager
Environmental Compliance Officer
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