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Contract For Differences PPA
"I need a Contract for Differences PPA for a 50MW solar power project in Sabah, Malaysia, with commercial operations planned for March 2025, ensuring compliance with local renewable energy regulations and including specific provisions for environmental credits."
1. Parties: Identification of the Generator/Seller and the CfD Counterparty/Buyer
2. Background: Context of the agreement, project description, and relevant regulatory framework
3. Definitions and Interpretation: Definitions of terms used in the agreement and rules of interpretation
4. Term and Conditions Precedent: Duration of the agreement and conditions that must be satisfied before the agreement becomes effective
5. CfD Payment Calculations: Methodology for calculating difference payments, reference price mechanism, and strike price adjustments
6. Settlement and Payment: Payment procedures, timing, invoicing requirements, and dispute resolution for payments
7. Metering and Communications: Requirements for measuring and reporting electricity generation
8. Generator Covenants: Operating standards, maintenance requirements, and performance obligations
9. Force Majeure: Events constituting force majeure and their consequences
10. Change in Law: Procedures for addressing regulatory changes affecting the contract
11. Default and Termination: Events of default, cure periods, and termination rights
12. Dispute Resolution: Procedures for resolving disputes between parties
13. Confidentiality: Obligations regarding confidential information
14. Governing Law: Application of Malaysian law and jurisdiction
1. Refinancing Provisions: Optional provisions for dealing with project refinancing, relevant for project-financed facilities
2. Carbon Credits and Environmental Attributes: Optional section for handling environmental credits, relevant for renewable energy projects
3. Interface with Facility Lenders: Optional provisions dealing with lender rights and direct agreements, relevant when project financing is involved
4. Market Trading Arrangements: Optional provisions for projects participating in wholesale electricity markets
5. Insurance: Detailed insurance requirements, may be included as main section or schedule depending on complexity
6. Local Content Requirements: Optional section addressing Malaysian local content requirements, if applicable to the project
1. Schedule 1 - Facility Description: Technical description of the generating facility, including capacity and technology specifications
2. Schedule 2 - Testing and Commissioning: Procedures and requirements for facility testing and commissioning
3. Schedule 3 - Reference Price Calculation: Detailed methodology for calculating reference prices and adjustments
4. Schedule 4 - Metering Requirements: Technical specifications for metering equipment and procedures
5. Schedule 5 - Performance Standards: Detailed performance requirements and testing procedures
6. Schedule 6 - Form of Direct Agreement: Standard form of direct agreement with lenders
7. Schedule 7 - Communication Protocols: Procedures for operational communications between parties
8. Schedule 8 - Insurance Requirements: Detailed specification of required insurance coverage
9. Schedule 9 - Calculation of Termination Amounts: Methodology for calculating early termination payments
10. Appendix A - Initial Financial Model: Base case financial model and assumptions
11. Appendix B - Generation License: Copy of generation license and key permits
12. Appendix C - Site Description: Detailed description and maps of the facility site
Authors
Energy & Utilities
Renewable Energy
Power Generation
Infrastructure
Project Finance
Clean Technology
Financial Services
Environmental Services
Legal
Energy Trading
Operations
Finance
Regulatory Affairs
Commercial
Risk Management
Technical Operations
Project Development
Environmental Compliance
Treasury
Business Development
Chief Legal Officer
Energy Trading Manager
Power Plant Manager
Project Finance Director
Regulatory Compliance Officer
Commercial Director
Risk Manager
Technical Operations Director
Corporate Counsel
Energy Markets Analyst
Project Development Manager
Financial Controller
Environmental Compliance Manager
Contract Administrator
Business Development Director
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