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Contract For Differences PPA Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Contract for Differences PPA is utilized in the Malaysian power sector to provide price certainty for both generators and buyers while managing market price volatility. This agreement type is particularly relevant for renewable energy projects and independent power producers seeking project financing. The document establishes a mechanism where parties settle the difference between the actual market price and an agreed reference price, effectively guaranteeing a stable revenue stream for the generator while protecting the buyer from price spikes. The agreement must comply with Malaysian energy regulations, including requirements set by the Energy Commission (Suruhanjaya Tenaga) and the Electricity Supply Act 1990. It typically includes detailed technical specifications, performance standards, and financial settlement procedures, making it a crucial document for project development and operation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























































Clauses



































Relevant Industries

Energy & Utilities

Renewable Energy

Power Generation

Infrastructure

Project Finance

Clean Technology

Financial Services

Environmental Services

Relevant Teams

Legal

Energy Trading

Operations

Finance

Regulatory Affairs

Commercial

Risk Management

Technical Operations

Project Development

Environmental Compliance

Treasury

Business Development

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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