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 (b) Where SERC is the Appropriate Commission, all disputes between the Procurers and the Seller shall be referred to SERC. 14.3.1.2 The obligations of the Procurer(s) under this Agreement towards the Seller shall not be affected in any manner by reason of inter-se disputes amongst the Procurer(s). 14.3.2 Dispute Resolution through Arbitration 14.3.2.1 If the Dispute arises out of or in connection with any claims not covered in Article 14.3.1.1(a), such Dispute shall be resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996 and the Rules of the Indian Council of Arbitration, in accordance with the process specified in this Article. In the event of such Dispute remaining unresolved as referred to in Article 14.2.1.3 hereof, any party to such Dispute may refer the matter to Registrar under the Rules of the Indian Council of Arbitration. i) The Arbitration Tribunal shall consist of three (3) arbitrators to be appointed in accordance with the Indian Council of Arbitration Rules ii) The place of arbitration shall be ……. [insert place]. The language of the arbitration shall be English. iii) The Arbitration Tribunal’s award shall be substantiated in writing. The Arbitration Tribunal shall also decide on the costs of the arbitration proceedings and the allocation thereof. iv) The provisions of this Article shall survive the termination of this PPA for any reason whatsoever. 14.4 Parties to Perform Obligations 14.4.1 Notwithstanding the existence of any Dispute and difference referred to the Appropriate Commission or the Arbitration Tribunal as provided in Article 14.3 and save as the Appropriate Commission or the Arbitration Tribunal may otherwise direct by a final or interim order, the Parties hereto shall continue to perform their respective obligations (which are not in dispute) under this Agreement. …….[Insert name of Procurer(s)] 79
Standard PPA for … [Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case -1 15 ARTICLE 15: MISCELLANEOUS PROVISIONS 15.1 [Insert this article only in case of joint procurement] Lead Procurer 15.1.1 The Procurers hereby appoint and authorise “…………………………” [Insert name of the Procurer with the highest Contracted Capacity] [hereinafter referred to as the “Lead Procurer”] to represent all the Procurers for discharging the rights and obligations of the Procurers under this Agreement, which are required to be undertaken by all the Procurers. All the Procurers shall follow and be bound by the decisions of the Lead Procurer. Accordingly each Procurer agrees that any decision, communication, notice, action or inaction of the Lead Procurer on matters specified under this Agreement to be dealt with by the Lead Procurer shall be deemed to have been on its/his behalf and shall be binding on each of the Procurer. The Seller shall be entitled to rely upon any such action, decision or communication or notice from the Lead Procurer. It is clarified that provisions under this Article 15.1 are not intended to and shall not render the Lead Procurer liable to discharge Tariff Payments due to Seller from the other Procurers. 15.1.2 On the occurrence of any Event of Default specified in Article 11.2 by the Lead Procurer, the Seller may, at its option, within a period of fifteen (15) days from the date of issue of the Seller’s Preliminary Default Notice referred to in Article 11.4.2 and if the said default by the Lead Procurer subsists, specify in writing to all the Procurers that the ……….. [Insert name of the Procurer, which has the next highest Contracted Capacity] shall be the new Lead Procurer, as per the provisions of this Article 15.1. In such a case, if the Seller so notifies, the new Lead Procurer shall, thereafter, act as Lead Procurer for the purposes of this Agreement, and the Lead Procurer earlier appointed under Article 15.1.1 shall automatically cease to be the Lead Procurer. It is clarified that all decisions taken by the …………………………. [Insert Name of the Lead Procurer] appointed under Article 15.1.1, in its capacity as Lead Procurer before such change, shall continue to be valid, in accordance with this Agreement. 15.1.3 Notwithstanding anything contained above, any decision which is required to be taken by the Procurers jointly under the provisions of this Agreement, shall be taken by all the Procurers and in case of difference amongst the Procurers, the said decision shall be taken by the Majority Procurers, as defined in Article 15.1.4 below. 15.1.4 Any decision taken by Procurers, who taken together constitute sixty five percent (65%) of the Contracted Capacity and constitute in number at least fifty percent (50%) of the total number of Procurers (hereinafter referred to as “Majority Procurers”), shall be binding on the Lead Procurer and all other Procurers. Majority Procurers shall also have the right to replace the Lead Procurer by any other Procurer of their choice. All decisions taken by the Majority Procurers in this Agreement shall be conveyed by the Lead Procurer. 15.2 Minimum Equity holding/ Equity Lock-In [Procurer(s)’s option to insert this Article 15.2 in case of medium term procurement] 15.2.1 The minimum shareholding requirements specified in this Article shall apply to all of the entity/ entities which have made equity investment in the Seller and where the Seller is different from the Successful Bidder . …….[Insert name of Procurer(s)] 80
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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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4.7 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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