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Commercial Power Purchase Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Commercial Power Purchase Agreement

"I need a Commercial Power Purchase Agreement for our data center in Hong Kong, purchasing renewable energy from a solar facility, with a planned start date of March 2025 and minimum purchase commitment of 10MW annually."

Document background
The Commercial Power Purchase Agreement serves as the primary contractual framework for electricity supply arrangements between power generators and commercial consumers in Hong Kong. This document is essential when businesses seek to secure long-term power supply, particularly in cases involving significant electricity consumption or renewable energy procurement. The agreement must comply with Hong Kong's regulatory framework, including the Electricity Ordinance and Scheme of Control Agreements governing power companies. It typically includes detailed provisions for power delivery, pricing structures, performance standards, and risk allocation, while accommodating specific requirements of Hong Kong's electricity market structure. The document is particularly relevant for businesses looking to manage their electricity costs, ensure supply security, or meet sustainability goals through structured power purchase arrangements.
Suggested Sections

1. Parties: Identification of the power supplier and purchaser, including registration details

2. Background: Context of the agreement, including facility details and purpose

3. Definitions and Interpretation: Defined terms, interpretation rules, and calculation conventions

4. Sale and Purchase Obligation: Core obligations for power supply and purchase, including exclusivity terms

5. Term and Conditions Precedent: Duration, commencement, and conditions that must be satisfied

6. Delivery Point and Title: Specification of where power is delivered and transfer of ownership

7. Metering and Testing: Requirements for measuring supplied power and testing procedures

8. Price and Payment Terms: Pricing structure, payment mechanics, and billing procedures

9. Operation and Maintenance: Requirements for facility operation and maintenance standards

10. Force Majeure: Events excusing performance and associated procedures

11. Default and Termination: Events of default, remedies, and termination procedures

12. Liability and Indemnification: Risk allocation and limitation of liability provisions

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction

14. Confidentiality: Protection of confidential information and permitted disclosures

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Renewable Energy Certificates: Terms for generation, transfer, and certification of renewable energy credits - used for renewable energy PPAs

2. Construction and Commissioning: Requirements for new facility construction - used when agreement covers yet-to-be-built facilities

3. Financial Settlement: Terms for financial settlement without physical delivery - used in virtual PPAs

4. Grid Connection: Requirements for grid interconnection - used in physical PPAs

5. Change in Law: Mechanisms for addressing regulatory changes - used in long-term PPAs

6. Performance Guarantees: Specific output or availability guarantees - used when performance warranties are required

7. Carbon Credits: Allocation and handling of carbon credits - used when carbon credits are relevant

8. Insurance: Specific insurance requirements - used for physical PPAs or high-value contracts

Suggested Schedules

1. Facility Description: Technical specifications of the power generation facility

2. Testing Procedures: Detailed procedures for testing and commissioning

3. Pricing Formula: Detailed pricing calculations and adjustments

4. Performance Standards: Specific performance requirements and metrics

5. Metering Specifications: Technical requirements for metering equipment

6. Operating Procedures: Detailed operational requirements and procedures

7. Form of Direct Agreement: Standard form for direct agreements with financiers

8. Form of Performance Security: Template for performance bonds or guarantees

9. Interconnection Requirements: Technical specifications for grid connection

10. Contact Details: List of key contacts and notice addresses

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































































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Relevant Industries

Energy & Utilities

Manufacturing

Data Centers

Real Estate

Retail

Healthcare

Industrial

Technology

Financial Services

Telecommunications

Hospitality

Education

Relevant Teams

Legal

Procurement

Operations

Finance

Sustainability

Risk Management

Facilities Management

Technical Operations

Environmental Compliance

Commercial

Treasury

Relevant Roles

Chief Financial Officer

Energy Procurement Manager

Sustainability Director

Facilities Manager

Legal Counsel

Chief Operations Officer

Risk Manager

Commercial Director

Technical Operations Manager

Environmental Compliance Officer

Procurement Specialist

Contract Manager

Chief Technology Officer

Energy Trading 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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