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

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Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 price less than the Tariff, without obtaining the prior written consent of such Procurer(s). Such request for consent would be responded to within a maximum period of three (3) days failing which it would be deemed that the Procurer has given his consent. [Insert in case of single Procurer] Provided further that at the end of such period, this Agreement shall automatically terminate and thereafter, the Procurer shall have no further Capacity Charge liability towards the Seller. [Insert in case of multiple Procurers] Provided further that at the end of such period, this Agreement shall automatically terminate but only with respect to such Procurer and thereafter, such Procurer shall have no further Capacity Charge liability towards the Seller. [Insert in case of single Procurer] Provided further, the Seller shall have the right to terminate this Agreement with respect to the Procurer even before the expiry of such period provided on such termination, the future Capacity Charge liability of the Procurer shall cease immediately. [Insert in case of multiple Procurers] Provided further, the Seller shall have the right to terminate this Agreement with respect to such Procurer(s) even before the expiry of such period provided on such termination, the future Capacity Charge liability of such Procurer(s) shall cease immediately. 11.5 Termination due to Force Majeure 11.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.7.3, either Party shall have the right to cause termination of the Agreement. In such an event, subject to the terms and conditions of the Financing Agreements, this Agreement shall terminate on the date of such Termination Notice. In case of such termination, the Contract Performance Guarantee shall be returned to the Seller as per the provisions of Article 3.8. …….[Insert name of Procurer(s)] 71
Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 12 ARTICLE 12: LIABILITY AND INDEMNIFICATION 12.1 Indemnity 12.1.1 The Seller shall indemnify, defend and hold Procurer(s) harmless against: a) any and all third party claims, actions, suits or proceedings against the Procurer(s) for any loss of or damage to property of such third party, or death or injury to such third party, arising out of a breach by the Seller of any of its obligations under this Agreement, except to the extent that any such claim, action, suit or proceeding has arisen due to a negligent act or omission, breach of this Agreement or breach of statutory duty on the part of Procurer(s), its contractors, servants or agents; and b) any and all losses, damages, costs and expenses including legal costs, fines, penalties and interest actually suffered or incurred by Procurer(s) from third party claims arising by reason of: (i) breach by the Seller of any of its obligations under this Agreement, (provided that this Article 12 shall not apply to such breaches by the Seller, for which specific remedies have been provided for under this Agreement) except to the extent that any such losses, damages, costs and expenses including legal costs, fines, penalties and interest (together to constitute “Indemnifiable Losses”) has arisen due to a negligent act or omission, breach of this Agreement or breach of statutory duty on the part of Procurer(s), its contractors, servants or agents, or (ii) any of the representations or warranties of the Seller under this Agreement being found to be inaccurate or untrue. 12.1.2 Procurer(s) shall indemnify, defend and hold the Seller harmless against: a) any and all third party claims, actions, suits or proceedings against the Seller, for any loss of or damage to property of such third party, or death or injury to such third party, arising out of a breach by Procurer(s) of any of its obligations under this Agreement except to the extent that any such claim, action, suit or proceeding has arisen due to a negligent act or omission, breach of this Agreement or breach of statutory duty on the part of the Seller, its contractors, servants or agents; and b) any and all losses, damages, costs and expenses including legal costs, fines, penalties and interest (‘Indemnifiable Losses’) actually suffered or incurred by the Seller from third party claims arising by reason of (i) a breach by Procurer(s) of any of its obligations under this Agreement (Provided that this Article 12 shall not apply to such breaches by Procurer(s), for which specific remedies have been provided for under this Agreement.), except to the extent that any such Indeminifiable Losses have arisen due to a negligent act or omission, breach of this Agreement or breach of statutory duty on the part of the Seller, its contractors, servants or agents, or (ii) any of the representations or warranties of the Procurer(s) under this Agreement being found to be inaccurate or untrue. …….[Insert name of Procurer(s)] 72
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No. 23/11/2004-R&R (Vol.II) -------
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(ii) For hydro-power projects, load
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(vi) Requisite Hydrological, geolog
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entered into between the concerned
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4.10 Adequate payment security shal
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authentic sources and is known to t
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(iv) Requirement of transfer of ass
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6. Escalation rate for different es
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completed in a period of 270 days.
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Sl. No. Activities to be completed
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Sl. No. Event Activities to be comp
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Standard RFP for ….[Insert ‘med
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1. INTRODUCTION Standard RFP for
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Sr. No Standard RFP for ….[Insert
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Sr. No 1.3.2 Evacuation of Power St
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Fax: E-mail: Standard RFP for ….[
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4.1 Format of Covering Letter To St
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Notes: Standard RFP for ….[Insert
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This Consortium Agreement Standard
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4. 5. 6. …. Standard RFP for ….
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4.7 Format of Undertaking (A) Bidde
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4.8 Format for Board Resolution Sta
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4.9 Format for Bid Bond Standard RF
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Name and address Standard RFP for
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Contr act Year Commenc ement Date o
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Contr act Year Commenc ement Date o
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4.11 Format of checklist for submis
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4.12 Format for Disclosure Standard
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5.5 Formats for RFP Documents Stand
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5.10 Transmission Charges Matrix St
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STANDARD POWER PURCHASE AGREEMENT F
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Standard PPA for … [Insert ‘med
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Guidelines for determination of tariff & SBD for ... - Ministry of Power

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