4. power purchase agreement(ppa) - BPDB

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Power Purchase Agreement-Fenchuganj Section 3: SALE AND PURCHASE OF CAPACITY AND ENERGY 3.1 Energy and Capacity Subject to and in accordance with the terms and conditions of this Agreement, the Company agrees to maintain the Facility in accordance with the Technical Limits, Prudent Utility Practices and Prudent Electrical Practices and to make available and deliver exclusively to BPDB, and BPDB agrees to accept and purchase from the Company, for the consideration described in Section 13, the Available Capacity and, to the extent Dispatched, the Net Energy Output. 3.2 No Sales to Third Parties Except to the extent that electric energy is required for the operation of any part of the Facility, the Parties agree that, during the Term, the Company shall not, without the prior written consent of BPDB: (a) (b) sell or deliver electric energy produced by the Facility to any other person or entity than BPDB; or confer upon any entity other than BPDB any right in or to Available Capacity. 19
Power Purchase Agreement-Fenchuganj 4.1 Term of Agreement Section 4: TERM, DEFAULTS, AND REMEDIES (a) (b) This Agreement shall become effective upon execution and delivery hereof by the Parties and shall terminate twenty two (22) years after the Commercial Operations Date, unless extended or earlier terminated pursuant to the provisions of this Agreement. The expiration or termination of this Agreement shall be without prejudice to all rights and obligations of the Parties arising under this Agreement prior to such expiration or termination, but otherwise the Parties shall have no further obligations hereunder following such expiration or termination except for obligations which survive such expiration or termination pursuant to this Agreement, including, without limitation, the obligation to pay liquidated damages pursuant to Section 8 or elsewhere hereunder. 4.2 Company Events of Default - Termination by BPDB BPDB may give a notice of default under this Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless such Company Event of Default (i) results from a breach (a) by BPDB of this Agreement, (b) by the GOB of the Implementation Agreement or the Guarantee; (c) by the Gas Supplier of the Gas Supply Agreement, or (ii) occurs as a result of or during a Force Majeure Event pursuant to Section 16 during the period provided pursuant to Section 16.4: (a) (b) (c) (d) any failure by the Company to maintain the Performance Security Deposit in full force and effect; the failure of the Company to achieve the Financial Closing Date by the Required Financial Closing Date; the failure of the Company to achieve the Construction Start Date within ninety (90) Days after the Financial Closing Date ; (i) the failure of the Company to achieve the Simple Cycle Commercial Operations Date within six (6) Months after the Required Simple Cycle Commercial Operations Date; (ii) the failure of the Company to achieve the Commercial Operations Date within six (6) Months after the Required Commercial Operations Date (e) after the Construction Start Date, but prior to the achievement of the Commercial Operations Date, the Abandonment of the Facility by the Company or the failure of the Company to prosecute the Facility in a diligent manner for a period of thirty (30) consecutive Days without the prior written notice to, and prior written consent of, BPDB (in either case, other than as a result of BPDB’s acts or omissions); (f) the failure of the Company to submit the Operations Security Deposit within thirty (30) Days after the Commercial Operations Date or to maintain the Operations Security Deposit, in either case, in accordance with Section 8.6(c); (g) the Abandonment by the Company of the operation of the Facility after the Commercial Operations Date for a consecutive period of twenty five (25) Days without prior notice to, and the prior written consent of BPDB; 20
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4. power purchase agreement(ppa) - BPDB

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