This Commercial Solar PPA template is designed for use in the Philippine market where renewable energy adoption is growing under the framework of the Renewable Energy Act of 2008. It serves as the primary agreement between solar power providers and commercial customers seeking to implement solar energy solutions. The document incorporates key requirements from Philippine energy regulations, including compliance with EPIRA, ERC guidelines, and the Philippine Grid Code. It is specifically structured to address the unique aspects of commercial solar installations, including technical specifications, operational requirements, and risk allocation mechanisms typical in the Philippine market. The Commercial Solar PPA covers essential elements such as energy pricing, performance guarantees, maintenance obligations, and regulatory compliance, while providing flexibility to accommodate various commercial and industrial applications.
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1. Parties: Identification of the Power Producer (Provider) and the Power Purchaser (Customer), including their legal details and authorized representatives
2. Background: Context of the agreement, including the Provider's capability to install and operate solar facilities and the Customer's desire to purchase solar power
3. Definitions: Definitions of technical, commercial, and legal terms used throughout the agreement
4. Term and Effectiveness: Duration of the agreement, conditions precedent, and effective date
5. Installation and Commissioning: Requirements and timeline for system installation, testing, and commissioning
6. Sale and Purchase of Energy: Core obligations regarding the sale and purchase of solar power, including minimum purchase commitments
7. Price and Payment: Tariff structure, billing procedures, payment terms, and adjustment mechanisms
8. Metering and Monitoring: Requirements for energy measurement, monitoring systems, and data sharing
9. Operation and Maintenance: Responsibilities for system operation, maintenance, and performance guarantees
10. Provider Obligations: Key responsibilities of the Provider including compliance with laws and technical standards
11. Customer Obligations: Key responsibilities of the Customer including site access and maintenance of site conditions
12. Force Majeure: Definition of force majeure events and their consequences
13. Default and Termination: Events of default, cure periods, and termination rights
14. Liability and Indemnification: Allocation of risks, limitations of liability, and indemnification obligations
15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
16. General Provisions: Standard contractual provisions including notices, amendments, and assignment
1. Environmental Attributes: Terms regarding renewable energy certificates and environmental credits, used when the parties wish to specify ownership and trading rights of these attributes
2. Battery Storage: Additional terms for energy storage systems, included when the solar installation includes battery components
3. Grid Connection: Specific provisions regarding grid interconnection, used when the system connects to the main grid rather than being purely behind-the-meter
4. Purchase Option: Terms for the Customer's option to purchase the solar system, included when the parties agree to potential transfer of ownership
5. Site Lease: Terms for the use of the Customer's property, included when a separate lease agreement is not used
6. Insurance: Detailed insurance requirements, included as a separate section when complex insurance arrangements are needed
7. Performance Guarantees: Detailed performance warranties and remedies, included when specific output guarantees are provided
8. Expansion Rights: Terms for potential system expansion, included when future capacity increases are contemplated
1. System Description: Technical specifications of the solar PV system, including capacity, equipment details, and layout
2. Site Details: Description and drawings of the installation site, including access points and existing infrastructure
3. Energy Price Calculation: Detailed methodology for calculating energy prices, including any adjustments and escalators
4. Performance Standards: Technical performance requirements and testing procedures
5. Form of Performance Security: Template for performance bonds or other security instruments
6. Operating Procedures: Detailed procedures for system operation, maintenance, and emergency responses
7. Interconnection Requirements: Technical requirements for grid connection and related procedures
8. Measurement and Verification Plan: Procedures for measuring and verifying energy production and system performance
9. Form of Direct Agreement: Template agreement between Provider, Customer, and financing parties
10. Construction Schedule: Detailed timeline for system construction and commissioning
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