The Power Sale Agreement is a crucial document used in the Belgian energy market to formalize the commercial relationship between power sellers and buyers. It is particularly relevant in today's context of energy transition and market liberalization in Belgium, addressing both traditional and renewable power sources. The agreement must comply with the complex regulatory framework including Belgian federal law, regional regulations (Flanders, Wallonia, and Brussels-Capital Region), and EU energy directives. It typically includes detailed provisions on power delivery, pricing, metering, regulatory compliance, and technical requirements. This document type is essential for various market participants, from large-scale generators to industrial consumers, and must account for Belgium's unique market structure with its regional regulators and national transmission system operator.
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1. Parties: Identification of the power seller and buyer, including registration details and energy license numbers
2. Background: Context of the agreement, including facility details and purpose of the power sale
3. Definitions and Interpretation: Key terms used in the agreement, including technical power trading terminology
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of power, including commitment volumes
5. Delivery Point and Transfer of Risk: Specification of where power is delivered and when risk transfers
6. Metering and Documentation: Requirements for measuring and recording power delivery
7. Price and Payment Terms: Pricing structure, invoicing, and payment procedures
8. Term and Termination: Duration of agreement and termination rights
9. Force Majeure: Events excusing performance and related procedures
10. Representations and Warranties: Standard and specific warranties for power trading
11. Liability and Indemnification: Allocation of risks and liability caps
12. Confidentiality: Protection of confidential information
13. Governing Law and Dispute Resolution: Belgian law application and dispute resolution procedures
1. Green Certificates and Guarantees of Origin: Required for renewable energy sales to address certificate trading
2. Capacity Obligations: Needed when agreement includes capacity commitment requirements
3. Grid Connection and Access: Required when seller is responsible for grid arrangements
4. Consumer Protection Provisions: Required when buyer is a protected consumer under Belgian law
5. Change in Law: Optional provisions for managing regulatory changes
6. Credit Support: Required when parties agree to credit support arrangements
7. Trading Limits: Required for agreements with variable volumes or trading positions
8. Planned Maintenance: Required for agreements tied to specific generation facilities
1. Schedule 1 - Facility Description: Technical details of the power generation facility
2. Schedule 2 - Pricing Mechanism: Detailed pricing calculations and adjustments
3. Schedule 3 - Metering Specifications: Technical requirements for metering equipment and procedures
4. Schedule 4 - Operating Procedures: Day-to-day operational procedures and communications
5. Schedule 5 - Form of Direct Agreement: Standard form for direct agreements with financiers
6. Schedule 6 - Testing and Certification: Requirements for facility testing and certification
7. Schedule 7 - Performance Security: Forms and requirements for any required security
8. Appendix A - Contact Details: List of authorized representatives and contact information
9. Appendix B - Technical Parameters: Technical specifications and operating parameters
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