Common use of Obligations of the Solar Power Developer Clause in Contracts

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer shall at its own cost and expense; a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer shall at its own cost and expense; a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM APDCL no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person 5.1.3 The Solar Power Developer shall obtain the financial closure within Twelve (12) months from the date of execution of this PPA. 5.1.3 5.1.4 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer shall at its own cost and expense; a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM APDCL no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person 5.1.3 The Solar Power Developer shall obtain the financial closure within Twelve (12) months from the date of execution of this PPA. At this stage, the SPD shall report tie-up of Financing Arrangements for the Project. In this regard the SPD shall submit a certificate from all financing agencies regarding the tie-up of funds indicated for the Project. Additionally, the SPD shall furnish documentary evidence towards the following: I. The requisite technical criteria have been fulfilled and orders placed / agreements entered into for supply of plants and equipment for the project. 5.1.3 II. Detailed Project Report for the project III. The details of all planned/proposed Inverters and modules (manufacturer, model number, datasheet, all technical certificates as mentioned in the RFS along with the link of the certifying authority with ILAC member accredited lab/NABL accredited lab) for the project at least 14 days prior to the scheduled financial closure date. IV. Required land/plot for project development is under possession of the SPD. In this regard the SPD shall be required to furnish the documentary evidences to establish the possession of the required land/lease agreement in the name of the SPD 5.1.4 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer shall at its own cost and expense; a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM APDCL no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person 5.1.3 The Solar Power Developer shall obtain the financial closure within Nine (9) months from the date of execution of this PPA. 5.1.3 5.1.4 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer shall at its own cost and expense; a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM BESCOM no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.3 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer shall at its own cost and expense; a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM APDCL no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person 5.1.3 The Solar Power Developer shall obtain the financial closure within Seven (7) months from the date of execution of this PPA. 5.1.3 5.1.4 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement.

Obligations of the Solar Power Developer. 5.1.1 Subject to and on the terms and conditions of this Agreement, the Solar Power Developer SPD shall undertake the survey, investigation, design, engineering, procurement, construction, operation and maintenance of the Plant for 25 years and observe, fulfill, comply with and perform all its obligations at its own cost and expense;: a) procure finance for and undertake the designing, constructing, erecting, testing, commissioning and completing of the Power Project in accordance with the Applicable Law and Grid Code observe, fulfill, comply with and perform all its obligations set out in this Agreement or arising hereunder; b) comply with all Applicable Laws and obtain applicable Consents, Clearances and Permits (including renewals as required) in the performance of its obligations under this Agreement and maintaining all Applicable Permits in full force and effect during the Term of this Agreement; c) commence supply of power up to the Contracted Capacity to ESCOM APDCL no later than the Scheduled Commissioning Date and continue the supply of power throughout the term of the Agreement; d) connect the Power Project switchyard with the Interconnection Facilities at the Delivery Point. e) own run the Power Project throughout the Term of Agreement and keep it free and clear of encumbrances, except those expressly permitted under Article 19; f) Comply with the equity lock-in conditions set out in Clause 5.2; and g) be responsible for all payments related to any taxes, cesses, duties or levies imposed by the Government Instrumentalities or competent statutory authority on land/rooftop, equipment, material or works of the project to or on the electricity consumed by the Project or by itself or on the income or assets owned by it. 5.1.2 The Solar Power Developer shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person 5.1.3 The Solar Power Developer shall obtain the financial closure within Seven (07) months from the date of execution of this EPC Agreement. 5.1.3 5.1.4 The SPD shall remedy any and all loss or damage to the Solar PV Plant during the Operation and Maintenance Period at the SPD’s cost, save and except to the extent that any such loss or damage shall have arisen on account of any default or neglect of the APDCL or on account of a Force Majeure Event 5.1.5 The Solar Power Developer shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: a) make, or cause to be made, necessary applications to the relevant government agencies with such particulars and details, as may be required for obtaining Applicable Permits and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the Power Project; c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed by it or its Contractors in connection with the performance of its obligations under this Agreement; d) ensure and procure that its Contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Solar Power Developer's obligations under this Agreement; and e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement. f) Support, cooperate with and facilitate APDCL in the implementation and operation and maintenance of the Project in accordance with the provisions of this Agreement g) Ensure that the SPD and its Sub-contractors comply with the safety and welfare measures for labour in accordance with the Applicable Laws and Good Industry Practice h) Keep, on the Site, a copy of this Agreement, publications named in this Agreement, the Drawings, Documents relating to the Project, and Change of Scope Orders and other communications given under this Agreement. APDCL’s Engineer and its authorized personnel shall have the right of access to all these documents at all reasonable times i) The SPD shall be responsible for arrangement of temporary construction power and water required to complete under this contract to fulfill his obligations at site j) The SPD shall undertake all necessary superintendence to plan, arrange, direct, manage, inspect and test the Works of erection and commissioning of said Solar Power Project