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 any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs and expenses of whatsoever nature, including attorney’s fees and expenses, which the Seller may suffer as a result of any infringement by the Procurer(s) or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered.. b) If any proceedings are brought or any claim is made against the Seller arising out of the matters referred to in Article 12.5.2 (a) the Seller shall promptly give the Lead Procurer/Procurer a notice thereof, and the Lead Procurer/Procurer shall at its own expense take necessary steps and attend such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. The Lead Procurer/Procurer shall promptly notify the Seller of all actions taken in such proceedings or claims. c) If the Lead Procurer/Procurer fails to notify the Seller within twenty-eight (28) days after receipt of such notice from the Seller under Article 12.5.2 (b) above, that it intends to attend any such proceedings or claim, then the Seller shall be free to attend the same on its own behalf at the cost of the Procurer(s). Unless the Lead Procurer/Procurer has so failed to notify the Seller within the twenty (28) days period, the Seller shall make no admission that may be prejudicial to the defence of any such proceedings or claim. d) The Seller shall, at the Procurer(s) request, afford all available assistance to the Procurer(s)in attending to such proceedings or claim, and shall be reimbursed by the Procurer(s)for all reasonable expenses incurred in so doing. 12.6 Limitation on Liability 12.6.1 Except as expressly provided in this Agreement, neither the Seller nor Procurer(s) nor its/ their respective officers, directors, agents, employees or Affiliates (or their officers, directors, agents or employees), shall be liable or responsible to the other Party or its Affiliates, officers, directors, agents, employees, successors or permitted assigns or their respective insurers for incidental, indirect or consequential damages, connected with or resulting from performance or non-performance of this Agreement, or anything done in connection herewith, including claims in the nature of lost revenues, income or profits (other than payments expressly required and properly due under this Agreement), any increased expense of, reduction in or loss of power generation or equipment used therefore, irrespective of whether such claims are based upon breach of warranty, tort (including negligence, whether of the Procurer(s), the Seller or others), strict liability, contract, breach of statutory duty, operation of law or otherwise. 12.6.2 Procurer(s) shall have no recourse against any officer, director or shareholder of the Seller or any Affiliate of the Seller or any of its officers, directors or shareholders for such claims excluded under this Article. The Seller shall have no recourse against any officer, director or shareholder of Procurer(s), or any Affiliate of Procurer(s) or any of its officers, directors or shareholders for such claims excluded under this Article. 12.7 Duty to Mitigate 12.7.1 The Parties shall endevour to take all reasonable steps so as mitigate any loss or damage which has occurred under this Article 12. …….[Insert name of Procurer(s)] 75
Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 13 ARTICLE 13: ASSIGNMENTS AND CHARGES 13.1 Assignments 13.1.1 This Agreement shall be binding upon, and inure to the benefit of the Parties and their respective successors and permitted assigns. This Agreement shall not be assigned by any Party other than by mutual consent between the Parties to be evidenced in writing: Provided that, such consent shall not be withheld if the Procurer(s) seeks to transfer to any transferee all of its rights and obligations under this Agreement; and (a) such transferee is either the owner or operator of all or substantially all of the distribution system of such Procurer(s) and /or such transferee is a successor entity of the Procurer(s); and (b) this Agreement and the other RFP Documents shall continue to remain valid and binding on such successor. 13.1.2 [Insert in case the Seller chooses the option of Lender’s substitution rights] Seller shall be entitled to assign its rights and obligations under this Agreement in favor of the Selectee duly appointed pursuant to the terms of Schedule 12 of this Agreement. 13.2 Permitted Charges 13.2.1 Neither Party shall create or permit to subsist any encumbrance over all or any of its rights and benefits under this Agreement. 13.2.2 However, the Seller may create any encumbrance over all or part of the Receivables, Payment Mechanism or the RFP Documents in favour of the Lenders or the Lender’s Representative on their behalf, as security for: (a) amounts payable under the Financing Agreements; and (b) any other amounts agreed by the Parties, Provided that: I the Lenders or the Lender’s Representative on their behalf shall have entered into the Financing Agreements and agreed upon in writing to the provisions of Schedule 12 of this Agreement; and II any encumbrances granted by the Seller in accordance with this Article 13.2.2 shall contain provisions pursuant to which the Lenders or the Lender’s Representative on their behalf agrees unconditionally with the Seller acting for itself and as trustee of the Procurer(s) to release from such encumbrances all of the right, title and interest to additional compensation so as to enable the Procurer(s) to claim its right of subrogation. For the purposes of this Article, additional compensation shall mean the compensation that the Seller is entitled, whether actually or contingently, to receive from the Procurer(s) as well as compensated by any person other than the Procurer(s) for the same event. …….[Insert name of Procurer(s)] 76
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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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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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4.7 Format of Undertaking (A) Bidde
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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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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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Guidelines for determination of tariff & SBD for ... - Ministry of Power

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