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Physical Power Purchase Agreement
"I need a Physical Power Purchase Agreement under Belgian law for a solar power facility with 50MW capacity, where my manufacturing company will purchase 100% of the output for 15 years starting March 2025, with quarterly payment terms and specific performance guarantees."
1. Parties: Identification of the seller (generator) and buyer, including full legal names and registration details
2. Background: Context of the agreement, including facility details and parties' objectives
3. Definitions: Definitions of technical and legal terms used throughout the agreement
4. Sale and Purchase Obligations: Core obligations regarding physical delivery and acceptance of electricity
5. Delivery Point and Transfer of Risk: Specification of the physical delivery point and transfer of title and risk
6. Term and Termination: Contract duration, conditions for early termination, and extension options
7. Price and Payment: Electricity price structure, payment terms, and invoicing procedures
8. Metering and Documentation: Requirements for measuring delivered electricity and maintaining records
9. Grid Connection and Balancing: Responsibilities for grid connection, access, and balancing obligations
10. Force Majeure: Definition of force majeure events and consequences
11. Representations and Warranties: Standard and specific warranties regarding capacity, permits, and compliance
12. Change in Law: Procedures for addressing regulatory changes affecting the agreement
13. Dispute Resolution: Procedures for resolving disputes under Belgian law
14. Confidentiality: Obligations regarding confidential information
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Guarantee and Performance Security: Required when credit support or performance security is needed from either party
2. Green Certificates and Environmental Attributes: Include when the electricity is from renewable sources and certificates are part of the transaction
3. Planned Maintenance: Include for new facilities or when specific maintenance protocols are required
4. Insurance: Detailed insurance requirements when specific coverage is necessary
5. Step-in Rights: Include when lenders require step-in rights or in project finance structures
6. Curtailment: Include when specific curtailment rights and compensation need to be addressed
7. Change of Control: Include when restrictions on ownership changes are required
8. Development and Construction: Include for facilities not yet operational
1. Facility Description: Technical specifications of the generation facility
2. Pricing Mechanism: Detailed pricing formulas and adjustments
3. Operating Parameters: Technical parameters for electricity delivery and acceptance
4. Metering Specifications: Technical requirements for metering equipment and procedures
5. Production Forecast: Expected generation profile and variance allowances
6. Testing and Commissioning: Procedures for facility testing and commissioning
7. Form of Direct Agreement: Standard form for lender direct agreements
8. Grid Connection Requirements: Technical specifications for grid connection
9. Performance Guarantees: Detailed performance requirements and calculation methods
10. Form of Parent Company Guarantee: Standard form for parent company guarantees if required
Authors
Energy & Utilities
Manufacturing
Heavy Industry
Chemical Industry
Data Centers
Renewable Energy
Mining
Food & Beverage
Pharmaceutical
Commercial Real Estate
Retail Chains
Agriculture
Legal
Procurement
Finance
Operations
Risk Management
Sustainability
Commercial
Technical Operations
Regulatory Affairs
Trading
Project Development
Corporate Strategy
Facility Management
Energy Procurement Manager
Legal Counsel
Chief Financial Officer
Sustainability Director
Operations Manager
Risk Manager
Commercial Director
Technical Director
Regulatory Compliance Officer
Energy Trading Manager
Contract Manager
Project Finance Manager
Chief Technical Officer
Facility Manager
Corporate Strategy Director
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