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Commercial Power Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Commercial Power Purchase Agreement

"I need a Commercial Power Purchase Agreement for a 50MW solar farm in Queensland, with a 15-year term starting from March 2025, including provisions for Large-scale Generation Certificates and a minimum take-or-pay obligation of 80% of generated output."

Document background
The Commercial Power Purchase Agreement (PPA) is a crucial document used in the Australian energy market to establish long-term electricity supply arrangements between generators and commercial/industrial consumers. This agreement is particularly relevant in the context of Australia's evolving energy landscape, where businesses increasingly seek to secure reliable and potentially renewable energy supply while managing price volatility. The document typically includes detailed provisions for pricing, supply obligations, technical requirements, and risk allocation, all structured within the framework of Australian federal and state energy laws. It's commonly used for both traditional and renewable energy projects, particularly as businesses aim to meet sustainability goals and secure long-term energy price certainty. The agreement must comply with National Electricity Market rules and relevant state regulations, making it a complex but essential tool for energy procurement in Australia.
Suggested Sections

1. Parties: Identification of the power supplier and purchaser, including registered addresses and ABNs

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

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Term and Conditions Precedent: Duration of the agreement and any conditions that must be satisfied before the agreement becomes effective

5. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum take obligations

6. Pricing and Payment Terms: Detailed pricing structure, billing procedures, and payment terms

7. Metering and Recording: Requirements for measuring and recording electricity supply

8. Operation and Maintenance: Obligations regarding facility operation and maintenance

9. Connection and Delivery: Requirements for grid connection and electricity delivery points

10. Force Majeure: Events outside party control and their impact on obligations

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

12. Dispute Resolution: Procedures for resolving disputes between parties

13. Liability and Indemnities: Allocation of risks and limitations of liability

14. Confidentiality: Protection of confidential information

15. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Environmental Attributes: Allocation of renewable energy certificates and environmental credits - include for renewable energy PPAs

2. Change in Law: Mechanisms for addressing regulatory changes - include for longer-term PPAs

3. Market Trading: Provisions for trading in the National Electricity Market - include if direct market participation is relevant

4. Development and Construction: Requirements for new facility construction - include if PPA relates to not-yet-built generation facility

5. Credit Support: Requirements for financial security - include if credit risk is a concern

6. Insurance: Specific insurance requirements - include if not covered in general obligations

7. Performance Guarantees: Specific performance metrics and guarantees - include for projects with critical performance requirements

Suggested Schedules

1. Facility Description: Technical specifications of the generation facility

2. Pricing Schedule: Detailed pricing calculations and adjustment mechanisms

3. Operating Parameters: Technical parameters for facility operation

4. Testing and Commissioning: Requirements for facility testing and commissioning

5. Metering Specifications: Technical requirements for metering equipment and procedures

6. Performance Standards: Detailed performance requirements and testing procedures

7. Form of Security: Templates for any required security documents

8. Contact Details: Key personnel and contact information for both parties

9. Annual Contract Quantity: Specified electricity quantities and variations

10. Connection Details: Technical specifications of grid connection points

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Renewable Energy

Manufacturing

Mining

Data Centers

Industrial Processing

Commercial Real Estate

Retail

Agriculture

Healthcare

Education

Relevant Teams

Legal

Finance

Operations

Risk Management

Procurement

Sustainability

Compliance

Commercial

Energy Trading

Technical Services

Project Management

Environmental

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Energy Procurement Manager

Commercial Director

Sustainability Manager

Risk Manager

Operations Director

General Counsel

Contract Manager

Energy Trading Manager

Facility Manager

Commercial Manager

Project Director

Technical Director

Compliance Officer

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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