Common use of Early Commissioning Clause in Contracts

Early Commissioning. The HPD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPD, and RUVNL may purchase the energy from such early commissioned Project at the PPA tariff, only if prior written consent is obtained from RUVNL for purchase of this power and at the PPA tariff. Such intimation for early commissioning shall be provided to RUVNL at least 60 days prior to the proposed early commissioning date. In case there is no response provided by RUVNL within 30 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused by RUVNL. In case RUVNL does not agree to purchase such energy, early part/full commissioning of the Project shall still be allowed and the HPD will be free to sell such energy to a third party; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as notified by RUVNL, whichever is earlier. In such cases a Provisional Commissioning Certificate will be issued to HPD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. COD of the Project under the PPA will be declared from the date of commencement of procurement of energy from the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etc., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD BESSD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDBESSD, and RUVNL MSEDCL may purchase the energy XXXX capacity from such early commissioned Project at the PPA tariff, only if prior written consent is obtained from RUVNL for purchase of this power and at the PPA BESPA tariff. Such intimation for early commissioning shall be provided to RUVNL MSEDCL at least 60 15 days prior to before the proposed early commissioning datedate as per the Commissioning Procedure. In case there is no response provided by RUVNL MSEDCL within 30 7 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLMSEDCL. In case RUVNL MSEDCL does not agree to purchase such energycapacity, early part/full commissioning of the Project shall still be allowed and the HPD BESSD will be free to sell such energy capacity to a third partyparty at its own risk and cost; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as XXXX Capacity notified by RUVNLMSEDCL, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD BESSD for period up to SCD or date of commencement of Power Storage Capacity Procurement (whichever is earlier), along with a NOC for sale of Power Storage Capacity to 3rd Party for such period. UCOD/COD of the Project under the PPA BESPA will be declared the date on which the commissioning certificate is issued upon successful commissioning of the part/full capacity of the Project. Subject to the provisions of this Agreement, in case of early commissioning, if BESSD sells any capacity to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning Procedure) to the Procurer from the date of commencement of procurement off-take of energy from capacity by the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProcurer., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD BESSD shall be permitted for full commissioning as well as part commissioning partcommissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDBESSD, and RUVNL GUVNL may purchase the energy XXXX capacity from such early commissioned Project commissionedProject at the PPA tariff, only if prior written consent is obtained from RUVNL for purchase of this power and at the PPA BESPA tariff. Such intimation for early commissioning shall be provided to RUVNL GUVNL at least 60 15 days prior to before the proposed early commissioning datedate as per the Commissioning Procedure. In case there is no response provided by RUVNL GUVNL within 30 7 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLGUVNL. In case RUVNL GUVNL does not agree to purchase such energycapacity, early part/full commissioning of the Project shall still be allowed and the HPD BESSD will be free to sell such energy capacity to a third partyparty at its own risk and cost; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as XXXX Capacity notified by RUVNLGUVNL, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD BESSD for period up to SCD or date of commencement of Power Storage Capacity Procurement (whichever is earlier), along with a NOC for sale of Power Storage Capacity to 3rd Party for such period. UCOD/COD of the Project under the PPA BESPA will be declared the date on which the commissioning certificate is issued upon successful commissioning of the part/full capacity of the Project. Subject to the provisions of this Agreement, in case of earlycommissioning, if BESSD sells any capacity to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning Procedure) to the Procurer from the date of commencement of procurement off-take of energy from capacity by the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProcurer., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD BESSD shall be permitted for full commissioning as well as part commissioning partcommissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDBESSD, and RUVNL GUVNL may purchase the energy XXXX capacity from such early commissioned Project at the PPA tariff, only if prior written consent is obtained from RUVNL for purchase of this power and at the PPA BESPA tariff. Such intimation for early commissioning shall be provided to RUVNL GUVNL at least 60 15 days prior to before the proposed early commissioning datedate as per the Commissioning Procedure. In case there is no response provided by RUVNL GUVNL within 30 7 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLGUVNL. In case RUVNL GUVNL does not agree to purchase such energycapacity, early part/full commissioning of the Project shall still be allowed and the HPD BESSD will be free to sell such energy capacity to a third partyparty at its own risk and cost; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as XXXX Capacity notified by RUVNLGUVNL, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD BESSD for period up to SCD or date of commencement of Power Storage Capacity Procurement (whichever is earlier), along with a NOC for sale of Power Storage Capacity to 3rd Party for such period. UCOD/COD of the Project under the PPA BESPA will be declared the date on which the commissioning certificate is issued upon successful commissioning of the part/fullcapacity of the Project. Subject to the provisions of this Agreement, in case of earlycommissioning, if BESSD sells any capacity to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning Procedure) to the Procurer from the date of commencement of procurement off-take of energy from capacity by the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProcurer., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD SPD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Long-Term Access (GNALTA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDSPD, and RUVNL may SECI shall purchase the energy from such early commissioned Project at the 75% (seventy-five percent) of the PPA tariff, only if in the case Discom agrees to purchase power from the Project at an earlier date, and at 75% of the PPA tariff plus trading margin. However, in case the entire capacity is commissioned prior written consent is obtained to SCD, SECI may purchase the generation at PPA Tariff, only in the case the Discom agrees to purchase power from RUVNL for purchase of this power the Project at an earlier date, and at the PPA tariff plus trading margin. While calculating the above value of 75% of the PPA tariff, the digits after 2 decimal places will be ignored. For eg., in case the value of 75% of the PPA tariff is calculated as 2.4567/kWh, the tariff applicable for purchase in case of early commissioning will be read as Rs. 2.45/kWh. Such intimation for early commissioning shall be provided to RUVNL SECI at least 60 15 days prior to before the proposed early commissioning date. In case there is no response provided by RUVNL SECI within 30 7 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLSECI. In case RUVNL SECI does not agree to purchase such energy, early part/full commissioning of the Project shall still be allowed and the HPD SPD will be free to sell such energy to a third party; subject to operationalization of GNAopen access, until SCD or the date of commencement of procurement of power from the Project as notified by RUVNLSECI, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD SPD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. UCOD/COD of the Project under the PPA will be declared from the date of commencement of procurement of energy from on which the Project by RUVNL on behalf commissioning certificate is issued upon successful commissioning of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCDpart/LTA operationalization, then in this case HPD is required to bear all charges upto full capacity of the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProject., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA)GNA)/ LTA/Medium Term/Short Term whichever is applicable at the time of commissioning. Early commissioning of the Project will be allowed solely at the risk and cost of the HPD, and RUVNL CESC may purchase the energy from such early commissioned Project at the PPA tariff, only if prior written consent is obtained from RUVNL CESC for purchase of this power and at the PPA tariff. Such intimation for early commissioning shall be provided to RUVNL CESC at least 60 days prior to the proposed early commissioning date. In case there is no response provided by RUVNL CESC within 30 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused by RUVNLCESC. In case RUVNL CESC does not agree to purchase such energy, early part/full commissioning of the Project shall still be allowed and the HPD will be free to sell such energy to a third party; subject to operationalization of GNA/LTA, until SCD or the date of commencement of procurement of power from the Project as notified by RUVNLCESC, whichever is earlier. In such cases a Provisional Commissioning Certificate will be issued to HPD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. COD of the Project under the PPA will be declared from the date of commencement of procurement of energy from the Project by RUVNL on behalf of the Buying Entity. CESC In case, project is ready for early commissioning prior to GNA/LTA and if RUVNL CESC has agreed to procure such power before SCD/GNA/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etc., and Buying Entity CESC is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity CESC State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD BESSD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDBESSD, and RUVNL SECI may purchase the energy XXXX capacity from such early commissioned Project at the PPA BESPA tariff, only if prior written consent is obtained from RUVNL for in the case Discom agrees to purchase XXXX Capacity at an earlier date at BESPA tariff plus facilitation charges in the form of this power and at the PPA tarifftrading margin under BESSA. Such intimation for early commissioning shall be provided to RUVNL SECI at least 60 15 days prior to before the proposed early commissioning datedate as per the Commissioning Procedure. In case there is no response provided by RUVNL SECI within 30 15 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLSECI. In case RUVNL SECI does not agree to purchase such energycapacity, early part/full commissioning of the Project shall still be allowed and the HPD BESSD will be free to sell such energy capacity to a third partyparty at its own risk and cost; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as XXXX Capacity notified by RUVNLSECI, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD BESSD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. UCOD/COD of the Project under the PPA BESPA will be declared the date on which the commissioning certificate is issued upon successful commissioning of the part/full capacity of the Project. Subject to the provisions of this Agreement, in case of early commissioning, if BESSD sells any capacity to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning Procedure) to the Procurer from the date of commencement of procurement off-take of energy from capacity by the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProcurer., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD BESSD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDBESSD, and RUVNL SECI may purchase the energy XXXX capacity from such early commissioned Project at the PPA BESPA tariff, only if prior written consent is obtained from RUVNL for in the case Discom agrees to purchase XXXX Capacity at an earlier date at BESPA tariff plus facilitation charges in the form of this power and at the PPA tarifftrading margin under BESSA. Such intimation for early commissioning shall be provided to RUVNL SECI at least 60 15 days prior to before the proposed early commissioning datedate as per the Commissioning Procedure. In case there is no response provided by RUVNL SECI within 30 7 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLSECI. In case RUVNL SECI does not agree to purchase such energycapacity, early part/full commissioning of the Project shall still be allowed and the HPD BESSD will be free to sell such energy capacity to a third partyparty at its own risk and cost; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as XXXX Capacity notified by RUVNLSECI, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD BESSD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. UCOD/COD of the Project under the PPA BESPA will be declared the date on which the commissioning certificate is issued upon successful commissioning of the part/full capacity of the Project. Subject to the provisions of this Agreement, in case of early commissioning, if BESSD sells any capacity to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning Procedure) to the Procurer from the date of commencement of procurement off-take of energy from capacity by the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProcurer., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD BESSD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPDBESSD, and RUVNL NVVN may purchase the energy XXXX capacity from such early commissioned Project at the PPA tariff, only if prior written consent is obtained from RUVNL for purchase of this power and at the PPA BESPA tariff. Such intimation for early commissioning shall be provided to RUVNL NVVN at least 60 15 days prior to before the proposed early commissioning datedate as per the Commissioning Procedure. In case there is no response provided by RUVNL NVVN within 30 7 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused rejected by RUVNLNVVN. In case RUVNL NVVN does not agree to purchase such energycapacity, early part/full commissioning of the Project shall still be allowed and the HPD BESSD will be free to sell such energy capacity to a third partyparty at its own risk and cost; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as XXXX Capacity notified by RUVNLNVVN, whichever is earlier. In such cases cases, a Provisional Commissioning Certificate will be issued to HPD BESSD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. UCOD/COD of the Project under the PPA BESPA will be declared the date on which the commissioning certificate is issued upon successful commissioning of the part/full capacity of the Project. Subject to the provisions of this Agreement, in case of early commissioning, if BESSD sells any capacity to a third party, the BESSD will have to again demonstrate 100% of Contracted Capacity (as per the Commissioning Procedure) to the Procurer from the date of commencement of procurement off-take of energy from capacity by the Project by RUVNL on behalf of the Buying Entity. In case, project is ready for early commissioning prior to LTA and if RUVNL has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etcProcurer., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.

Early Commissioning. The HPD shall be permitted for full commissioning as well as part commissioning of the Project even prior to the Scheduled Commissioning Date, subject to availability of transmission connectivity and General Network Access (GNA). Early commissioning of the Project will be allowed solely at the risk and cost of the HPD, and RUVNL may SECI shall purchase the energy from such early commissioned Project at the PPA tariff, only if prior written consent is obtained in the case Buying Entity agrees to purchase power from RUVNL for purchase of this power the Project at an earlier date, and at the PPA tarifftariff plus trading margin. Such intimation for early commissioning shall be provided to RUVNL SECI at least 60 days prior to the proposed early commissioning date. In case there is no response provided by RUVNL SECI within 30 days from the receipt of such intimation, such early commissioned capacity shall be deemed to have been refused by RUVNLSECI. In case RUVNL SECI does not agree to purchase such energy, early part/full commissioning of the Project shall still be allowed and the HPD will be free to sell such energy to a third party; subject to operationalization of GNA, until SCD or the date of commencement of procurement of power from the Project as notified by RUVNLSECI, whichever is earlier. In such cases a Provisional Commissioning Certificate will be issued to HPD for period up to SCD or date of commencement of Power Procurement (whichever is earlier), along with a NOC for sale of Power to 3rd Party for such period. COD of the Project under the PPA will be declared from the date of commencement of procurement of energy from the Project by RUVNL on behalf SECI for onward sale to Buying Entity as per terms of the Buying EntityPSA. In case, project is ready for early commissioning prior to LTA and if RUVNL SECI/Buying Entity has agreed to procure such power before SCD/LTA operationalization, then in this case HPD is required to bear all charges upto the Delivery Point i.e., short term/medium term open access (STOAaccess(STOA/MTOA) charges inter alia includes but not limited to MTOA/STOA applications charges (of seller state & region), respective RLDC & SLDC operations charges and NOC charges in accordance to Region or State where project is located etc., and Buying Entity is required to bear any charges beyond Delivery Point i.e. respective RLDC and SLDC application and operation charges (Regions other than seller region, Buying Entity State) and NOC charges etc. In case GNA regulations become applicable and GNA is yet to be operationalized, the applicable charges will be dealt as per the GNA regulations.