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

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Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1 NOW THEREFORE, THIS INDENTURE WITNESSTH AS UNDER: In consideration of the above premises and agreement all the parties in this Consortium do hereby mutually agree as follows: 1. In consideration of the selection of the Consortium as the Successful Bidder by the …………… [Insert “Procurer” / “Authorized Representative” as applicable], we the Members of the Consortium and Parties to the Consortium Agreement do hereby unequivocally agree that M/s........................................................... (Insert name of the Lead Member), shall act as the Lead Member as defined in the RFP for self and agent for and on behalf of ………. (the names of all the other Members of the Consortium to be filled in here). 2. The Lead Member is hereby authorized by the Members of Consortium and Parties to the Consortium Agreement to bind the Consortium and receive instructions for and on behalf of all Members. . 3. The Lead Member shall be liable and responsible for ensuring the individual and collective commitment of each of the Members of the Consortium in discharging all their respective equity obligations. Each Consortium Member further undertakes to be individually liable for the performance of its part of the obligations without in any way limiting the scope of collective liability envisaged in this Agreement. 4. (Insert as applicable) The Consortium shall be responsible to incorporate a Project Company as a legal entity as per the provisions of the RFP, within fifteen (15) days of issue of LOI provided such a Project Company has not been incorporated by the Bidder prior to the submission of the Bid. OR The Consortium has incorporated a Project Company by the name ………..(Insert name of the Project Company) to undertake the responsibilities and obligations for supply of power as per the provisions of the RFP Documents. The percentage of equity holding of each Member of the Consortium in the Project Company shall be/is as follows: Name Percentage of equity holding in the Project Company Party 1 …. …. …. Party n …. Total 100% [Note: The percentage equity holding for any Consortium Member cannot be zero in the above table. Lead Member’s percentage equity holding cannot be less than 51% from the Effective Date up to a period of two (2) years after commencement of supply of power and twenty-six (26%) for a period of three (3) years thereafter.] [If the Bidder is offering capacity from different sources, the above table has to be filled in separately for each generation source.] ………..[Insert name of Procurer / Authorized Representative ] Page 70
Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1 5. In case of any breach of any of the equity investment commitment as specified under clause 5 above by any of the Consortium Members for the formation of the Project Company, the Lead Member shall be liable to meet the equity obligation. 6. Except as specified in the Agreement, it is agreed that sharing of responsibilities as aforesaid and equity investment obligations thereto shall not in any way be a limitation of responsibility of the Lead Member under these presents. 7. It is further specifically agreed that the financial liability for equity contribution of Lead Member shall, not be limited in any way so as to restrict or limit its liabilities. The Lead Member shall be liable irrespective of their scope of work or financial commitments. 8. This Consortium Agreement shall be construed and interpreted in accordance with the Laws of India and courts at ………….. [Procurer / Authorized Representative to insert relevant name of place] alone shall have the exclusive jurisdiction in all matters relating thereto and arising there under. 9. It is hereby agreed that the Lead Member shall furnish the Bid Bond, as stipulated in the RFP, on behalf of the Consortium. 10. It is hereby agreed that in case of selection of Bidding Consortium as the Successful Bidder, the Parties to this Consortium Agreement do hereby agree that they shall furnish the Contract Performance Guarantee on behalf of the Seller in favor of the Procurer(s), as stipulated in the RFP and PPA. The Lead Member shall be responsible for ensuring the submission of the CPG on behalf of all the Consortium Members. 11. It is further expressly agreed that the Consortium Agreement shall be irrevocable and, for the Successful Bidder, shall remain valid over the term of the PPA, unless expressly agreed to the contrary by the Procurer(s). 12. The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of the representations and information submitted by the Consortium Members respectively from time to time in response to the RFP for the purposes of the Bid. 13. It is expressly understood and agreed between the Members that the responsibilities and obligations of each of the Members shall be as delineated as annexed hereto as Annexure-I forming integral part of this Agreement. It is further agreed by the Members that the above sharing of responsibilities and obligations shall not in any way be a limitation of joint and several responsibilities and liabilities of the Members, with regards to all matters relating to the supply of power envisaged in the RFP Documents. 14. It is clearly agreed that the Lead Member shall ensure performance under the agreements and if one or more Consortium Members fail to perform its /their respective obligations under the agreement(s), the same shall be deemed to be a default by all the Consortium Members. 15. It is hereby expressly agreed between the Parties to this Consortium Agreement that neither Party shall assign or delegate its rights, duties or obligations under this Agreement except with prior written consent of the Procurer(s). ………..[Insert name of Procurer / Authorized Representative ] Page 71
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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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1. INTRODUCTION Standard RFP for
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Sr. No Standard RFP for ….[Insert
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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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