Common use of Mortgaging Clause in Contracts

Mortgaging. The SPD shall not transfer, assign, let, underlets, sublet, license, mortgage, charge, encumber or part with the possession of the Demised Premises or any part thereof or any interest therein without prior permission of APSPCL. For the purpose of constructing the Plant on the Demised Premises, if the SPD intends to obtain loan from a bank or other financial institutions by mortgaging their lease hold interest in the Demised Premises in favor of such bank or institution, prior permission of APSPCL shall be obtained. However such mortgage shall not affect the rights and powers of APSPCL under this Agreement. Right of Access to APSPCL/other authorities APSPCL and/or the authorized persons of APSPCL shall have the right to access into Demised Premises, with prior intimation to the SPD, for the purpose of discharging its obligations including inspection to ensure compliance of terms and conditions of this agreement by SPD. Right of APSPCL to Audit The SPD shall permit conducting of an audit if deemed required to confirm whether the SPD has been in due compliance of all the provisions of the Electricity Act, 2003, Solar Power Policy framed by the Government of AP, the PPA, policies framed by APSPCL, or any other applicable rule / law / regulation. The SPD shall also ensure that answer to any query raised in this audit and/or any document/information required by the auditor is provided within reasonable time. Fencing The SPD shall Fence the demarcated boundary of the Demised Premises at the SPD’s own expense in every respect. Metering Metering shall be at 33kV side of 220/33kV substation where the power from the solar power project is injected and at the 220 kV Side of 400/220kV substation of STU i.e., APTRANSCO. A set of Main and Check Meters and also Stand by Meter of 0.2S accuracy class, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured and installed by SPD on each incoming feeder at 33KV side of 33/220kV Pooling Station based on specifications & make provided by APSPCL. Another set of Main and Check Meters and also Stand by Meter of 0.2S accuracy class, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured and installed by SPD on each incoming feeder at 220KV side of 400/220kV Grid Sub Station (Interconnection point) of STU i.e., APTRANSCO based on specifications & make provided by APSPCL/AP DISCOMS. The Main and Check Meters shall be checked jointly at the time of installation as per the CEA (Installation & Operation of Meters) Regulations 2006 as amended from time to time. Both sets of meters are used for billing purposes and to measure the transmission line losses up to interconnection point. The metering and connected equipment shall be provided by SPDs at their cost as per the relevant CERC/APERC regulations. For installation of Meters, Meter testing, Meter calibration and Meter reading and all matters incidental thereto, the SPD shall follow and be bound by the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, and the Grid Code, as amended and revised from time to time. The SPD shall bear all costs pertaining to installation, testing, calibration, maintenance, renewal and repair of meters both at 220 kV Pooling Sub-Station and 400 kV grid Sub-Station and shall follow relevant metering requirements as intimated by APSPCL.

Mortgaging. The SPD shall not transfer, assign, let, underlets, sublet, license, mortgage, charge, encumber or part with the possession of the Demised Premises or any part thereof or any interest therein without prior permission of APSPCL. For the purpose of constructing the Plant on the Demised Premises, if the SPD intends to obtain loan from a bank or other financial institutions by mortgaging their lease hold interest in the Demised Premises in favor of such bank or institution, prior permission of APSPCL shall be obtained. However such mortgage shall not affect the rights and powers of APSPCL under this Agreement. Right of Access to APSPCL/other authorities APSPCL and/or the authorized persons of APSPCL shall have the right to access into Demised Premises, with prior intimation to the SPD, for the purpose of discharging its obligations including inspection to ensure compliance of terms and conditions of this agreement by SPD. Right of APSPCL to Audit The SPD shall permit conducting of an audit if deemed required to confirm whether the SPD has been in due compliance of all the provisions of the Electricity Act, 2003, Solar Power Policy framed by the Government of AP, the PPA, policies framed by APSPCL, or any other applicable rule / law / regulation. The SPD shall also ensure that answer to any query raised in this audit and/or any document/information required by the auditor is provided within reasonable time. Fencing The SPD shall Fence the demarcated boundary of the Demised Premises at the SPD’s own expense in every respect. Metering Metering shall be at 33kV side of 220/33kV substation where the power from the solar power project is injected and at the 220 kV Side of 400/220kV substation of STU i.e., APTRANSCO. A set of Main and Check Meters and also Stand by Meter of 0.2S accuracy classclass and its associated equipment, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured procured and installed by SPD on each incoming feeder at 33KV side of 33/220kV Pooling Station based on specifications & make provided by APSPCL. Another set of Main and Check Meters and also Stand by Meter of 0.2S accuracy class, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured and installed by SPD STU i.e., APTRANSCO on each incoming feeder at 220KV side of 400/220kV Grid Sub Station (Interconnection point) of STU i.e., APTRANSCO based on specifications & make provided APTRANSCO. The cost of providing Main and Check Meters and also Stand by APSPCL/AP DISCOMSMeter and its associated equipment shall be borne by SPDs and it will be apportioned among SPDs as per their installed capacities. The Main and Check Meters shall be checked jointly at the time of installation as per the CEA (Installation & Operation of Meters) Regulations 2006 as amended from time to time. Both sets of meters are used for billing purposes and to measure the transmission line losses up to interconnection point. The metering and connected equipment shall be provided by SPDs at their cost as per the relevant CERC/APERC regulations. For installation of Meters, Meter testing, Meter calibration and Meter reading and all matters incidental thereto, the SPD shall follow and be bound by the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, and the Grid Code, as amended and revised from time to time. The SPD shall bear all costs pertaining to installation, testing, calibration, maintenance, renewal and repair of meters both at 220 kV Pooling Sub-Station and 400 kV grid Sub-Station and shall follow relevant metering requirements as intimated by APSPCL.

Mortgaging. The SPD shall not transfer, assign, let, underlets, sublet, license, mortgage, charge, encumber or part with the possession of the Demised Premises or any part thereof or any interest therein without prior permission of APSPCL. For the purpose of constructing the Plant on the Demised Premises, if the SPD intends to obtain loan from a bank or other financial institutions by mortgaging their lease hold interest in the Demised Premises in favor of such bank or institution, prior permission of APSPCL shall be obtained. However However, such mortgage shall not affect the rights and powers of APSPCL under this Agreement. Right of Access to APSPCL/other authorities APSPCL and/or the authorized persons of APSPCL shall have the right to access into Demised Premises, with prior intimation to the SPD, for the purpose of discharging its obligations including inspection to ensure compliance of terms and conditions of this agreement by SPD. Right of APSPCL to Audit The SPD shall permit conducting of an audit if deemed required to confirm whether the SPD has been in due compliance of all the provisions of the Electricity Act, 2003, Solar Power Policy framed by the Government of AP, the PPA, policies framed by APSPCL, or any other applicable rule / law / regulation. The SPD shall also ensure that answer to any query raised in this audit and/or any document/information required by the auditor is provided within reasonable time. Fencing The SPD shall Fence the demarcated boundary of the Demised Premises at the SPD’s own expense in every respect. Metering Metering shall be at 33kV side of 220/33kV substation where the power from the solar power project is injected and at the 220 kV Side of 400/220kV substation of STU i.e., APTRANSCO. A set of Main and Check Meters and also Stand by Meter of 0.2S accuracy classclass and its associated equipment, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured procured and installed by SPD on each incoming feeder at 33KV side of 33/220kV Pooling Station based on specifications & make provided by APSPCL. Another set of Main and Check Meters and also Stand by Meter of 0.2S accuracy class, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured and installed by SPD STU i.e., APTRANSCO on each incoming feeder at 220KV side of 400/220kV Grid Sub Station (Interconnection point) of STU i.e., APTRANSCO based on specifications & make provided APTRANSCO. The cost of providing Main and Check Meters and also Stand by APSPCL/AP DISCOMSMeter and its associated equipment shall be borne by SPDs and it will be apportioned among SPDs as per their installed capacities. The Main and Check Meters shall be checked jointly at the time of installation as per the CEA (Installation & Operation of Meters) Regulations 2006 as amended from time to time. Both sets of meters are used for billing purposes and to measure the transmission line losses up to interconnection point. The metering and connected equipment shall be provided by SPDs at their cost as per the relevant CERC/APERC regulations. For installation of Meters, Meter testing, Meter calibration and Meter reading and all matters incidental thereto, the SPD shall follow and be bound by the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, and the Grid Code, as amended and revised from time to time. The SPD shall bear all costs pertaining to installation, testing, calibration, maintenance, renewal and repair of meters both at 220 kV Pooling Sub-Station and 400 kV grid Grid Sub-Station and shall follow relevant metering requirements as intimated by APSPCL.

Mortgaging. The SPD shall not transfer, assign, let, underlets, sublet, license, mortgage, charge, encumber or part with the possession of the Demised Premises or any part thereof or any interest therein without prior permission of APSPCL. For the purpose of constructing the Plant on the Demised Premises, if the SPD intends to obtain loan from a bank or other financial institutions by mortgaging their lease hold interest in the Demised Premises in favor of such bank or institution, prior permission of APSPCL shall be obtained. However such mortgage shall not affect the rights and powers of APSPCL under this Agreement. Right of Access to APSPCL/other authorities APSPCL and/or the authorized persons of APSPCL shall have the right to access into Demised Premises, with prior intimation to the SPD, for the purpose of discharging its obligations including inspection to ensure compliance of terms and conditions of this agreement by SPD. Right of APSPCL to Audit The SPD shall permit conducting of an audit if deemed required to confirm whether the SPD has been in due compliance of all the provisions of the Electricity ActXxx, 20030000, Solar Power Policy framed by the Government of AP, the PPA, policies framed by APSPCL, or any other applicable rule / law / regulation. The SPD shall also ensure that answer to any query raised in this audit and/or any document/information required by the auditor is provided within reasonable time. Fencing The SPD shall Fence the demarcated boundary of the Demised Premises at the SPD’s own expense in every respect. Metering Metering shall be at 220 kV Side of 400/220kV substation of CTU i.e., PGCIL for billing purpose i.e., interconnection point and another set of metering also to be provided at 33kV side of 220/33kV substation where the power from the solar power project is injected for measuring the generation and at the 220 kV Side transmission line losses up to interconnection point. A set of Main and Check Meters of 0.2S accuracy class, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable on 220KV side of 400/220kV substation Grid Sub Station (Interconnection point) of STU CTU i.e., APTRANSCOPGCIL will be provided by PGCIL and Stand by Meter of same type on 220kV side of 220/33kV Pooling station of APSPCL also will be Provided by PGCIL but on chargeable basis. A CTs & PTs and its associated equipment for standby meter shall be provided by SPD. The cost of providing standby meter and its associated equipment will be apportioned among SPDs if more than one SPD is connected to the Pooling Station. Another set of Main and Check Meters and also Stand by Meter of 0.2S accuracy class, as per CEA (Installation & operation of meters) Regulations 2006/IEGC as applicable, shall be Procured and installed by SPD on each incoming feeder at 33KV side of 33/220kV Pooling Station based on specifications & make provided by APSPCL. Another set of Main The metering and Check Meters and also Stand connected equipment shall be provided by Meter of 0.2S accuracy class, SPDs at their cost as per CEA (Installation & operation of meters) Regulations 2006the relevant CERC/IEGC as applicable, shall be Procured and installed by SPD on each incoming feeder at 220KV side of 400/220kV Grid Sub Station (Interconnection point) of STU i.e., APTRANSCO based on specifications & make provided by APSPCL/AP DISCOMSAPERC regulations. The Main and Check Meters shall be checked jointly at the time of installation as per the CEA (Installation & Operation of Meters) Regulations 2006 as amended from time to time. Both sets of meters are used for billing purposes and to measure the transmission line losses up to interconnection point. The metering and connected equipment shall be provided by SPDs at their cost as per the relevant CERC/APERC regulations. For installation of Meters, Meter testing, Meter calibration and Meter reading and all matters incidental thereto, the SPD shall follow and be bound by the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, and the Grid Code, as amended and revised from time to time. The SPD shall bear all costs pertaining to installation, testing, calibration, maintenance, renewal and repair of meters both at 220 kV Pooling Sub-Station and 400 kV grid Sub-Station and shall follow relevant metering requirements as intimated by APSPCL.