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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."
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
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
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
Energy & Utilities
Manufacturing
Data Centers
Real Estate
Retail
Healthcare
Industrial
Technology
Financial Services
Telecommunications
Hospitality
Education
Legal
Procurement
Operations
Finance
Sustainability
Risk Management
Facilities Management
Technical Operations
Environmental Compliance
Commercial
Treasury
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
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