The Master Power Purchase And Sale Agreement serves as the foundational document for establishing long-term power trading relationships between parties operating in the German electricity market. This agreement is essential for entities engaged in wholesale electricity trading, whether for physical delivery or financial settlement, and provides a standardized framework while allowing customization through schedules and appendices. It incorporates requirements from German energy law, including the Energiewirtschaftsgesetz (EnWG) and associated regulations, while aligning with EU energy trading directives. The document is particularly relevant in today's evolving energy market, where participants need robust legal frameworks to manage both traditional and renewable power trading relationships, balancing commercial flexibility with regulatory compliance.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general intentions of the parties
3. Definitions and Interpretation: Definitions of terms used throughout the agreement and rules of interpretation
4. Transaction Procedures: Procedures for entering into individual power purchase transactions
5. Delivery and Receipt: Obligations regarding the physical delivery and receipt of electricity
6. Term and Termination: Duration of the agreement and circumstances for early termination
7. Price and Payment: Pricing mechanisms, invoicing, and payment terms
8. Credit and Security: Credit support requirements and security arrangements
9. Transmission, Title and Risk: Provisions regarding transmission arrangements, transfer of title, and risk allocation
10. Force Majeure: Definition and consequences of force majeure events
11. Remedies for Failure to Deliver/Receive: Consequences and compensation for failure to deliver or receive electricity
12. Limitation of Liability: Limitations on liability of both parties
13. Representations and Warranties: Standard and specific representations and warranties by both parties
14. Governing Law and Dispute Resolution: Choice of law and procedures for resolving disputes
15. Confidentiality: Obligations regarding confidential information
16. Notices: Requirements for formal communications between parties
1. Trading Hours and Operations: Optional section for specifying detailed trading procedures and operational hours, needed when parties have specific trading requirements
2. Balancing and Scheduling: Details of balancing responsibilities and scheduling procedures, required when parties need specific balancing arrangements
3. Renewable Energy Certificates: Provisions regarding green certificates or guarantees of origin, needed when dealing with renewable energy
4. Carbon Trading Rights: Provisions for carbon credits or emissions trading, required when environmental attributes are part of the transaction
5. Financial Settlement: Procedures for financial settlement without physical delivery, needed for financially settled transactions
6. Special Grid Requirements: Specific provisions relating to grid connection and transmission, needed when special grid arrangements apply
7. Change in Law: Provisions dealing with regulatory changes, important in long-term agreements
8. Bank Guarantees: Specific provisions for bank guarantees as credit support, needed when parties agree to use bank guarantees
1. Schedule 1: Form of Confirmation: Standard form for confirming individual transactions
2. Schedule 2: Election Sheet: Customization of standard terms and specific elections made by the parties
3. Schedule 3: Credit Support Documentation: Forms and requirements for credit support arrangements
4. Schedule 4: Delivery Points: Specification of agreed delivery points for physical power
5. Schedule 5: Calculation of Alternative Damages: Methodology for calculating damages in case of default
6. Schedule 6: Contact Information: List of authorized representatives and contact details
7. Schedule 7: Trading Parameters: Specific parameters for trading including minimum/maximum quantities
8. Appendix 1: Technical Specifications: Technical requirements for power delivery and metering
9. Appendix 2: Grid Connection Requirements: Specific requirements related to grid connection and transmission
10. Appendix 3: Pricing Mechanisms: Detailed pricing formulas and adjustment mechanisms
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