Guidelines for determination of tariff & SBD for ... - Ministry of Power

Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1
[Insert this definition in
case Seller is not a
Trading Licensee]
“Capital Structure
Schedule”
"Central Transmission
Utility" or "CTU"
Provided that Capital Cost shall always exclude cost overruns arising
due to a Seller Event of Default, or costs due to events for which
compensation has been received by Seller from the Procurer(s) or
Insurers or third parties;
Provided further that the Capital Cost in relation to an unit shall be
the total cost of the Power Station allocated in proportion to the
Aggregate Contracted Capacity;
shall mean sources of finance used to finance the Capital Cost of the
Power Station as provided in the Financing Agreements;
shall mean the utility notified by the Central Government under
Section-38 of the Electricity Act 2003;
“CERC” shall mean the Central Electricity Regulatory Commission of India,
constituted under sub – section (1) of Section 76 of the Electricity
Act, 2003, or its successors;
“Change in Law” shall have the meaning ascribed thereto in Article 10.1.1 of this
Agreement;
“Competent Court of
Law”
“Consents, Clearances
and Permits”
shall mean any court or tribunal or any similar judicial or quasijudicial
body in India that has jurisdiction to adjudicate upon issues
relating to this Agreement;
shall mean all authorizations, licenses, approvals, registrations,
permits, waivers, privileges, acknowledgements, agreements, or
concessions required to be obtained from or provided by any
concerned authority for the purpose of setting up of the generation
facilities and/ or supply of power;
“Consultation Period” shall mean the period of ninety (90) days or such other longer period
as the Parties may agree, commencing from the date of issuance of a
Seller Preliminary Default Notice or a Procurer Preliminary Default
Notice as provided in Article 11 of this Agreement, for consultation
between the Parties to mitigate the consequence of the relevant event
having regard to all the circumstances;
“Contract Performance
Guarantee”
shall mean the irrevocable unconditional bank guarantee, submitted
or to be submitted by the Seller or the Successful Bidder on behalf of
the Seller to the Procurer(s) from a bank mentioned in Schedule 11 of
this Agreement in the form attached hereto as Schedule 9, in
accordance with the terms of this Agreement and RFP;
“Contract Year” shall mean the period commencing on the Effective Date (as defined
hereunder) and ending on the immediately succeeding March 31 and
thereafter each period of twelve (12) months commencing on April 1
…….[Insert name of Procurer(s)] 7