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Power Offtake Agreement
"I need a Power Offtake Agreement for a 50MW solar power plant in Batangas, Philippines, with commercial operations starting March 2025, including specific provisions for battery storage and export to the grid during peak hours."
1. Parties: Identification of the power producer/seller and the offtaker/buyer, including their legal details and authorized representatives
2. Background: Context of the agreement, including project details, facility location, and relevant regulatory framework
3. Definitions: Detailed definitions of technical, commercial, and legal terms used throughout the agreement
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 effectiveness date
6. Facility Requirements: Technical specifications and requirements for the power generation facility
7. Metering and Testing: Requirements for measuring delivered electricity and testing procedures
8. Pricing and Payment: Tariff structure, payment terms, billing procedures, and dispute resolution for payments
9. Operation and Maintenance: Obligations regarding facility operation, maintenance standards, and scheduled outages
10. Interconnection: Requirements and responsibilities for grid connection and maintenance
11. Force Majeure: Definition of force majeure events and their consequences
12. Default and Termination: Events of default, cure periods, and termination rights
13. Representations and Warranties: Standard and specific warranties from both parties
14. Insurance: Required insurance coverage and related obligations
15. Assignment and Security: Rights and restrictions regarding assignment and creation of security interests
16. Dispute Resolution: Procedures for resolving disputes, including governing law and jurisdiction
17. Confidentiality: Obligations regarding confidential information
18. Notices: Requirements for formal communications between parties
19. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Renewable Energy Credits: Section addressing the allocation and trading of renewable energy credits when the facility generates renewable energy
2. Carbon Credits: Provisions regarding carbon credits or other environmental attributes
3. Government Incentives: Allocation of benefits from government incentives or subsidies
4. Battery Storage: Specific provisions for facilities with energy storage capabilities
5. Ancillary Services: Terms for providing grid support services beyond basic power supply
6. Local Community Benefits: Provisions for community development and benefits sharing
7. Fuel Supply: For thermal plants, provisions regarding fuel supply arrangements
8. Step-in Rights: Rights of lenders or other parties to take control in certain circumstances
9. Grid System Emergency: Special provisions for grid emergencies and system security
10. Change in Law: Specific provisions for handling regulatory changes affecting the project
1. Technical Specifications: Detailed technical parameters of the facility and equipment
2. Testing Procedures: Procedures for commissioning and performance testing
3. Metering Specifications: Technical requirements for metering equipment and procedures
4. Tariff Calculation: Detailed methodology for calculating the tariff and adjustments
5. Performance Standards: Required performance levels and calculation of liquidated damages
6. Operating Procedures: Detailed procedures for day-to-day operation and communication
7. Interconnection Details: Technical specifications for grid interconnection
8. Form of Performance Security: Template for performance bonds or other security instruments
9. Insurance Requirements: Detailed list of required insurance coverage
10. Form of Direct Agreement: Template agreement between lenders, owner, and offtaker
11. Commissioning Schedule: Timeline and requirements for facility commissioning
12. Annual Operating Plan: Template and requirements for annual operating plans
Authors
Energy & Utilities
Power Generation
Renewable Energy
Industrial Manufacturing
Mining
Commercial Real Estate
Infrastructure
Oil & Gas
Heavy Industry
Telecommunications
Legal
Finance
Operations
Commercial
Regulatory Affairs
Risk Management
Technical Services
Business Development
Procurement
Sustainability
Project Management
Energy Trading
Compliance
Engineering
Chief Executive Officer
Chief Financial Officer
Energy Trading Manager
Power Plant Manager
Legal Counsel
Regulatory Compliance Officer
Commercial Director
Project Finance Manager
Risk Manager
Operations Director
Technical Director
Business Development Manager
Energy Procurement Manager
Sustainability Officer
Contract Manager
Chief Technical Officer
Grid Connection Manager
Power Purchase Manager
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