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
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 (a) and
(b) above in a situation where the Force Majeure Event had not occurred.
For the avoidance of doubt, it is specified that the charges payable under this Article
4.10.1 shall be paid by the Procurer(s) in proportion to their then Contracted
Capacity.
4.11 In every case referred to in Article 4.9.1 and 4.10.1 hereinabove, the Seller shall
undertake to commence supply of the Contracted Capacity, relevant to such date, to the
Procurer(s) as soon as reasonably practicable [and in no event later than two (2) Weeks or
such longer period as mutually agreed between the Seller and ………[Insert “the
Procurer” or “the Procurers (jointly)”] after the point at which it is no longer prevented
from doing so by the effects of Force Majeure Events or Procurer Event of Default (as
applicable). If the Seller is unable to provide supply of the Contracted Capacity in such a
situation, then:
a) the Seller shall repay to the Procurer(s), all sums received by way of Capacity Charge
for the deemed supply of power with interest at the same rate as Late Payment
Surcharge; and
b) If the Seller fails to provide supply of power to Procurer(s) by the Scheduled Delivery
Date or the Revised Scheduled Delivery Date, as the case may be, it shall also pay
liquidated damages to the Procurer(s) calculated in accordance with Article 4.8.
4.12 Limit on amounts payable due to default
4.12.1 The Parties expressly agree that the Procurers’ only liability for any loss of profits or any
other loss of any other kind or description whatsoever (except claims for indemnity under
Article 12), suffered by the Seller by reason of the Procurers’ failure to meet its
obligations under Article 4.3.1 shall be to pay the Seller the amounts specified in Article
4.9 and Article 11.
4.12.2 Similarly, Seller’s only liability for any loss suffered by the Procurer(s) of any kind or
description whatsoever (except claims for indemnity under Article 12), by reason of the
Seller’s failure to meet its obligation of providing supply of power on the Scheduled
Delivery Date or Revised Scheduled Delivery Date(s), as the case may be, shall be as per
Article 4.8 and Article 11.
4.13 Transmission Losses
4.13.1 Transmission losses from the Interconnection Point onwards would be borne by the
Procurer(s), and power lost on account of transmission loss would be to the account of
the Procurer(s).
…….[Insert name of Procurer(s)] 39