The Solar PPA Agreement (Power Purchase Agreement) is a crucial document in Switzerland's renewable energy landscape, used to establish a long-term contractual relationship between solar power producers and electricity consumers. This agreement type has gained particular importance following Switzerland's Energy Strategy 2050, which promotes renewable energy expansion. The PPA Agreement Solar sets out detailed terms for power purchase, including pricing mechanisms, delivery obligations, and performance standards, while ensuring compliance with Swiss federal and cantonal regulations. It's particularly vital for businesses seeking to secure renewable energy supply and for solar project developers requiring bankable contracts to secure financing. The document addresses Swiss-specific requirements such as grid access regulations, feed-in tariffs, and cantonal permit requirements, while incorporating international best practices in renewable energy contracting.
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1. Parties: Identification of the power producer (seller) and the power purchaser (buyer), including full legal names and addresses
2. Background: Context of the agreement, including project overview and parties' intentions
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Sale and Purchase Obligations: Core obligations including commitment to sell/purchase electricity, exclusivity terms, and delivery points
5. Term and Termination: Contract duration, conditions for renewal, and termination rights
6. Price and Payment Terms: Pricing structure, payment mechanics, invoicing, and payment security requirements
7. Metering and Billing: Requirements for measuring delivered electricity, meter specifications, and billing procedures
8. Grid Connection and Delivery: Responsibilities for grid connection, delivery points, and technical requirements
9. Performance Guarantees: Minimum performance requirements, availability guarantees, and related remedies
10. Operation and Maintenance: Obligations for maintaining the solar facility and ensuring optimal performance
11. Force Majeure: Definition of force majeure events and their consequences
12. Insurance: Required insurance coverage for both parties
13. Representations and Warranties: Standard and specific warranties from both parties
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. Confidentiality: Protection of confidential information and trade secrets
16. Assignment and Change of Control: Rules for transferring rights and obligations under the agreement
1. Construction and Commissioning: Required when the solar facility is not yet operational, detailing construction milestones and commissioning procedures
2. Energy Storage: Include when the project includes battery storage facilities
3. Green Certificates and Environmental Attributes: Required when dealing with renewable energy certificates or carbon credits
4. Site Access and Security: Necessary when the buyer requires specific access rights to the facility
5. Interconnection Requirements: Detailed section needed for complex grid connection arrangements
6. Change in Law: Extended provisions for projects particularly sensitive to regulatory changes
7. Local Community Provisions: Required when project has specific community impact obligations
8. Refinancing Rights: Include when project financing arrangements require specific provisions
1. Technical Specifications: Detailed technical parameters of the solar facility including capacity, equipment specifications
2. Site Description: Legal description and details of the project site including access rights
3. Testing and Commissioning Procedures: Detailed procedures for facility testing and commissioning
4. Performance Standards: Specific performance metrics, calculation methodologies, and testing procedures
5. Pricing Mechanism: Detailed pricing calculations, adjustments, and examples
6. Form of Performance Security: Template for performance bonds or other security instruments
7. Metering Specifications: Technical requirements for metering equipment and procedures
8. Operating Procedures: Detailed protocols for daily operation and maintenance
9. Insurance Requirements: Specific insurance types and coverage amounts required
10. Form of Direct Agreement: Template for agreements with financiers or other key stakeholders
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