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Third Party Solar Power Purchase Agreement
"I need a Third Party Solar Power Purchase Agreement for a 500kW solar installation on my manufacturing facility in Johannesburg, where I want to include specific provisions for load shedding backup and the option to purchase the system after 5 years."
1. Parties: Identification of the Power Producer, the Purchaser, and Property Owner (if different from Purchaser)
2. Background: Context of the agreement, including the intention to generate and sell solar power
3. Definitions and Interpretation: Definitions of technical terms, commercial terms, and interpretation rules
4. Sale and Purchase of Electricity: Core agreement terms including commitment to supply and purchase electricity
5. Term and Termination: Duration of the agreement, renewal terms, and termination circumstances
6. Price and Payment: Electricity rate, payment terms, billing procedures, and rate escalation
7. Metering and Billing: Specifications for measuring electricity production and consumption
8. System Operation and Maintenance: Responsibilities for maintaining the solar system and performance guarantees
9. Access Rights and Property Use: Rights and restrictions regarding access to and use of the installation site
10. Regulatory Compliance: Compliance with NERSA requirements and other applicable regulations
11. Risk and Insurance: Allocation of risks and required insurance coverage
12. Default and Remedies: Events of default and available remedies
13. Dispute Resolution: Procedures for resolving disputes between parties
14. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. System Installation and Commissioning: Required if the agreement covers the construction phase of the solar system
2. Multiple User Provisions: Required if the system serves multiple users or if excess power is sold to other parties
3. Grid Connection: Required if the system connects to the municipal or national grid
4. Carbon Credits and Environmental Attributes: Optional section for handling environmental benefits and credits
5. Battery Storage: Required if the system includes energy storage components
6. Purchase Option: Optional section allowing the purchaser to buy the system during or at end of term
7. Load Shedding Provisions: Required in areas with frequent power interruptions to define obligations during grid outages
8. Refinancing Rights: Optional section covering the power producer's rights to refinance the system
1. System Specification: Technical details of the solar installation including capacity and components
2. Site Description: Detailed description and drawings of the installation site
3. Energy Production Estimates: Projected energy generation and performance guarantees
4. Price Schedule: Detailed pricing structure including any escalation formulas
5. Metering Specifications: Technical requirements for metering equipment and procedures
6. Operation and Maintenance Schedule: Detailed maintenance requirements and schedules
7. Insurance Requirements: Specific insurance coverage requirements for each party
8. Form of Performance Security: Template for any required performance bonds or guarantees
9. NERSA Compliance Documentation: Required regulatory compliance documentation
10. Emergency Procedures: Protocols for system emergencies and shutdowns
Authors
Manufacturing
Commercial Real Estate
Retail
Mining
Agriculture
Healthcare
Education
Data Centers
Warehousing
Industrial
Hospitality
Office Parks
Legal
Operations
Facilities Management
Finance
Procurement
Risk and Compliance
Sustainability
Property Management
Technical Services
Project Management
Chief Financial Officer
Facilities Manager
Operations Director
Sustainability Manager
Legal Counsel
Energy Manager
Property Manager
Procurement Manager
Technical Director
Risk Manager
Commercial Director
Chief Operating Officer
Environmental Compliance Officer
Project Manager
Construction Manager
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