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Prepaid Power Purchase Agreement
"I need a Prepaid Power Purchase Agreement under Nigerian law for a manufacturing facility in Lagos, with a 5MW capacity requirement and minimum monthly prepayment terms, planned to commence operations in March 2025."
1. Parties: Identification of the power producer/seller and the purchaser/consumer
2. Background: Context of the agreement, including facility details and purpose of the arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Agreement: Overview of services, including power supply specifications and delivery points
5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effective date
6. Prepayment System: Details of the prepayment mechanism, including minimum payments and top-up procedures
7. Metering and Billing: Specifications for metering equipment, reading procedures, and billing mechanisms
8. Tariffs and Charges: Pricing structure, including base tariffs, adjustments, and additional charges
9. Operating Procedures: Day-to-day operational requirements and protocols
10. Maintenance and Repairs: Responsibilities for system maintenance and repair procedures
11. Force Majeure: Events constituting force majeure and consequent rights and obligations
12. Default and Termination: Events of default, remedies, and termination procedures
13. Dispute Resolution: Procedures for resolving disputes between parties
14. Governing Law: Specification of Nigerian law as governing law and relevant jurisdictional matters
1. Equipment Installation: Required if the agreement includes installation of new metering or power equipment
2. System Testing: Include if regular testing procedures need to be specified
3. Environmental Compliance: Required if power generation involves environmental considerations
4. Insurance: Include if specific insurance requirements need to be detailed
5. Security Arrangements: Required if additional payment security or performance guarantees are needed
6. Change in Law: Include if regulatory changes could significantly impact the agreement
7. Assignment and Novation: Include if transfer rights need to be specifically addressed
8. Confidentiality: Required if sensitive commercial or technical information is involved
1. Technical Specifications: Detailed technical parameters of power supply and quality standards
2. Metering Specifications: Technical details of metering equipment and systems
3. Tariff Schedule: Detailed breakdown of tariffs, charges, and adjustment mechanisms
4. Operating Procedures Manual: Detailed procedures for day-to-day operations
5. Form of Payment Security: Template for any required payment security documents
6. Communication Protocols: Procedures for notices and communications between parties
7. Performance Standards: Specific performance metrics and standards
8. Site Description: Details of delivery points and relevant facility locations
Authors
Energy & Utilities
Manufacturing
Industrial Processing
Commercial Real Estate
Mining
Healthcare
Data Centers
Telecommunications
Retail
Hospitality
Legal
Operations
Commercial
Finance
Procurement
Regulatory Affairs
Risk Management
Technical Services
Project Management
Business Development
Compliance
Treasury
Energy Procurement Manager
Legal Counsel
Power Plant Manager
Commercial Director
Regulatory Compliance Officer
Operations Manager
Chief Financial Officer
Contract Manager
Technical Director
Risk Manager
Energy Trading Manager
Facility Manager
Business Development Director
Project Finance Manager
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