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
c) In case of delay due to Indirect Non Natural Force Majeure Event (or Natural Force
Majeure Event affecting the Procurer(s)) or Procurer Event of Default, the Procurer(s)
shall be liable to make payments mentioned in (a) and (b) above, after
commencement of supply of power, in the form of an increase in Capacity Charges.
These amounts shall be paid from the date, being the later of a) the date of cessation
of such Indirect Non Natural Force Majeure Event (or Natural Force Majeure Event
affecting the Procurer(s)) or Procurer Event of Default and b) [Insert this line only in
case Seller is not a Trading Licensee] the completion of sixty (60) days from the
receipt of the Financing Agreements by the Procurer(s) from the Seller.
Provided such increase in Capacity Charges shall be determined by Appropriate
Commission on the basis of putting the Seller in the same economic position as the
Seller would have been in case the Seller had been paid amounts mentioned in (b)
above in a situation where the Force Majeure Event or Procurer Event of Default had
not occurred.
For the avoidance of doubt, it is specified that the charges payable under this Article 4.9.1
shall be paid by the Procurer(s) in proportion to their then Contracted Capacity.
4.10 Liquidated Damages for delay due to Direct Non Natural Force Majeure Event
4.10.1 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 Direct Non Natural Force Majeure
Event, provided such Direct Non Natural Force Majeure Event has continued for a period
of more than three (3) continuous or non-continuous Months, the Seller shall, until the
effects of the Direct Non Natural Force Majeure Event no longer prevent the Seller from
providing supply of power to the Procurer, be deemed to have an Available Capacity
equal to the 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) [Insert this para only in case Seller is not a Trading Licensee] In case of delay due to
Direct Non Natural Force Majeure not attributable to the Procurer(s), the Procurer(s)
shall make payment for Debt Service, subject to a maximum of Capacity Charges
calculated on Normative Availability of Contracted Capacity which are due under the
Financing Agreements for the period of such events in excess of three (3) continuous
or non-continuous Months.
b) In case of delay due to Direct Non Natural Force Majeure attributable to the
Procurer(s), the Procurer(s) shall make payment to the Seller of Capacity Charges
calculated on Normative Availability of Contracted Capacity for the period of such
events in excess of three (3) continuous or non-continuous Months.
c) In case of delay due to Direct Non Natural Force Majeure Event, the Procurer(s) shall
be liable to make payments mentioned in (a) and (b) above, after commencement of
supply of power, in the form of an increase in Capacity Charges. These amounts shall
be paid from the date, being the later of a) the date of cessation of such Direct Non
Natural Force Majeure Event and b) [Insert this line only in case Seller is not a
…….[Insert name of Procurer(s)] 38