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
4.8.5 The Parties agree that the formula specified in Article 4.8.1 for calculation of liquidated
damages payable by the Seller under this Article 4.8, read with Article 11 is a genuine
and accurate pre-estimation of the actual loss that will be suffered by the Procurer(s) in
the event of Seller’s delay in starting supply of power by the Scheduled Delivery Date or
the Revised Scheduled Delivery Date, as the case may be.
4.8.6 [Insert if Procurer(s) have responsibility of obtaining open access from the Injection
Point to the Delivery Point] In addition to the liquidated damages payable by the Seller
to the Procurer(s) for delay in commencement of supply of power, as specified in Article
4.8.1, the Seller shall further pay to the Procurer(s) liquidated damages as per this Article
4.8.6. The liquidated damages payable by the Seller to the Procurer(s) shall be limited to
the damages/charges payable by the Procurer(s) to the CTU and STU for the period of
such delay, as per the terms of the agreement as may be entered by the Procurer(s) with
CTU and STU for establishment of transmission system from the Injection Point to the
Delivery Point(s) and further from the Delivery Point(s) onwards. The liquidated
damages payable as mentioned above in this Article, shall not be more than twenty
percent (20%) of liquidated damages computed in the manner mentioned in Article 4.8.1.
4.9 Liquidated Damages for delay due to Procurer Event of Default or Indirect Non
Natural Force Majeure Events or Natural Force Majeure Event (affecting the
Procurer)
4.9.1 If the Seller is otherwise ready to commence supply of power and has given due notice,
as per provisions of Article 4.1.2, to the Procurer(s) of the date of commencement of
power supply, where such date is on or before the Scheduled Delivery Date or Revised
Scheduled Delivery Date, as the case may be, but is not able to commence supply of
power by the said date specified in the notice, due to a Procurer Event of Default or due
to Indirect Non Natural Force Majeure Event or (Natural Force Majeure Event affecting
the Procurer) provided such Indirect Non Natural Force Majeure Event or (Natural Force
Majeure Event affecting the Procurer(s)) has continued for a period of more than three (3)
continuous or non-continuous Months, the Seller shall, until the effects of the Procurer
Event of Default or of Indirect Non Natural Force Majeure Event or (Natural Force
Majeure Event affecting the Procurer(s)) no longer prevent the Seller from providing
supply of power to the Procurer(s), be deemed to have an Available Capacity equal to the
Aggregated Contracted Capacity relevant to that date and to this extent, be deemed to
have been providing supply of power with effect from the date notified, and shall be
treated as follows:
a) In case of delay on account of the Procurer Event of Default, the Procurer(s) shall
make payment to the Seller of Capacity Charges in proportion to their Contracted
Capcity, calculated on Normative Availability of Contracted Capacity for and during
the period of such delay.
b) [Insert this para only in case Seller is not aTrading Licenseer] In case of delay due to
Indirect Non Natural Force Majeure Event or (Natural Force Majeure Event affecting
the Procurer(s)), the Procurer(s) shall make payment to the Seller for Debt Service,
subject to a maximum of Capacity Charges calculated on Normative Availability of
Contracted Capacity, which is due under the Financing Agreements for the period of
such events in excess of three (3) continuous or non-continuous Months.
…….[Insert name of Procurer(s)] 37