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
8.5.9 Sales to any person or Party, other than the defaulting Procurer under Article 8.5, shall
cease and regular supply of power to the defaulting Procurer in accordance with the
provisions of this Agreement shall commence and be restored on the later of the two
following dates or any date before this date at the option of Seller:
a) the day on which the defaulting Procurer pays the amount due to the Seller and
renews the Letter of Credit and restores Default Escrow Account (if applicable) as
mentioned in Article 8.4.11.1; or
b) the date being “x” days from the date on which the defaulting Procurer pays the
amount due to the Seller, where “x” days shall be calculated in accordance with
Schedule 2.
8.6 Disputed Bill
8.6.1 If a Party does not dispute a Monthly Bill, Provisional Bill or a Supplementary Bill raised
by the other Party by the Due Date, such Bill shall be taken as conclusive.
8.6.2 If a Party disputes the amount payable under a Monthly Bill, Provisional Bill or a
Supplementary Bill, as the case may be, that Party shall, within thirty (30) days of
receiving such Bill, issue a notice (the "Bill Dispute Notice") to the invoicing Party
setting out:
i) the details of the disputed amount;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its claim.
8.6.3 If the invoicing Party agrees to the claim raised in the Bill Dispute Notice issued pursuant
to Article 8.6.2, the invoicing Party shall revise such Bill within seven (7) days of
receiving the Bill Dispute Notice. The disputing Party shall thereafter within seven (7)
Days of receiving the revised Bill from the invoicing Party, make the payment
thereunder, and if the disputing Party has already made the excess payment, the invoicing
Party shall refund to the disputing Party such excess amount within fifteen (15) days of
receiving the Bill Dispute Notice. In such a case excess amount shall be refunded along
with interest at the same rate as Late Payment Surcharge, which shall be applied from the
date on which such excess payment was made by the disputing Party to the invoicing
Party and up to and including the date on which such payment has been received as
refund.
8.6.4 If the invoicing Party does not agree to the claim raised in the Bill Dispute Notice issued
pursuant to Article 8.6.2, it shall, within fifteen (15) days of receiving the Bill Dispute
Notice, furnish a notice (Bill Disagreement Notice) to the disputing Party providing:
i) reasons for its disagreement;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its counter-claim.
…….[Insert name of Procurer(s)] 53