Common use of Obligations of the SPD Clause in Contracts

Obligations of the SPD. 5.1.1 Subject to and on the terms and conditions of this Agreement, the SPD shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction operation and maintenance of the solar project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The SPD shall comply with all Applicable Laws and obtain Approvals (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the SPD shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 In addition to the fulfilment of the conditions precedent, the SPD 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 Instrumentalities with such particulars and details as may be required for obtaining Approvals (other than those set forth in Clause 5.1.2), and obtain and keep in force and effect such Approvals in conformity with the Applicable Laws, Indian Electricity Grid Code (IEGC), the terms and conditions of this Agreement and Prudent Utility Practices. (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the solar project; (c) perform and fulfil its obligations under the Financing Agreements; (d) 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; (e) ensure and procure that its Contractors comply with all Approvals and Applicable Laws in the performance by them of any of the SPD’s obligations under this Agreement; (f) 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; (g) make its own arrangement for and take reasonable measures and shall be solely responsible for security of the Facility Installations, including commercially reasonable monitoring of the Site’s alarms, if any (h) comply with the directions of the CTU/ Railways/ other Government Authorities in case of emergency to shut down the plant. Railways will only issues directions to the same in case of the occurrence of a state of Emergency (a state of emergency may be defined as a situation where the safe working of the grid of the Railways/ CTU grid sanctity of the distribution grid is or is likely to be compromised due to conditions beyond the control of the Railways). In such a condition, the Railways reserves the right, in order to ensure safe operation of the Grid in accordance with the applicable relevant Code, Applicable Law and force majeure, directions/regulations, to shut down the line and not accept any Electricity from such part of the Facility that is affected by the Emergency. Railways will exercise such right either through a written notice to the SPD or in case the written request cannot be made at the time, through a verbal request from the competent authority with the Railways responsible for network management (and back it up with a written request later), providing as much lead time as would be practicable Upon Railways exercising such right, the SPD will suitably back down its generation from the Facility. Railways will, however, make reasonable endeavours to remedy such Emergency, and bring back normalcy at the earliest. Railways will have no liability to the SPD in such circumstances. (i) procure that all facilities and amenities within the solar power system are operated and maintained in accordance with Good Industry Practice (j) support, cooperate with and facilitate Railways in the implementation and operation of the Project in accordance with the provisions of this Agreement; and

Obligations of the SPD. 5.1.1 Subject to and on the terms and conditions of this Agreement, the SPD shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction operation and maintenance of the rooftop solar project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The SPD shall comply with all Applicable Laws and obtain Approvals (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the SPD shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 In addition to the fulfilment of the conditions precedent, the The SPD 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 Instrumentalities with such particulars and details as may be required for obtaining Approvals (other than those set forth in Clause 5.1.2), and obtain and keep in force and effect such Approvals in conformity with the Applicable Laws, Indian Electricity Grid Code (IEGC)the Distribution Code, the terms and conditions of this Agreement and Prudent Utility Practices. (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the rooftop solar project; (c) perform and fulfil its obligations under the Financing Agreements; (d) 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; (e) ensure and procure that its Contractors comply with all Approvals and Applicable Laws in the performance by them of any of the SPD’s obligations under this Agreement; (f) 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; (g) make its own arrangement for and take reasonable measures and shall be solely responsible for security of the Facility Installations, including commercially reasonable monitoring of the Site’s alarms, if any (h) comply Comply with the directions of the CTU/ Railways/ other Government Authorities Railways in case of emergency to shut down the plant. Railways will only issues directions to the same in case of the occurrence of a state of Emergency (a state of emergency may be defined as a situation where the safe working of the internal grid of the Railways/ CTU grid sanctity of the distribution grid is or is likely to be compromised due to conditions beyond the control of the Railways). In such a condition, the Railways reserves the right, in order to ensure safe operation of the Internal Grid in accordance with the applicable relevant Distribution Code, Applicable Law and force majeure, directions/regulations, to shut down the line and not accept any Electricity from such part of the Facility that is affected by the Emergency. Railways will exercise such right either through a written notice to the SPD or in case the written request cannot be made at the time, through a verbal request from the competent authority with the Railways responsible for network management (and back it up with a written request later), providing as much lead time as would be practicable Upon Railways exercising such right, the SPD will suitably back down its generation from the Facility. Railways will, however, make reasonable endeavours to remedy such Emergency, and bring back normalcy at the earliest. Railways will have no liability to the SPD in such circumstances. (i) procure that all facilities and amenities within the solar rooftop power system are operated and maintained in accordance with Good Industry Practice (j) support, cooperate with and facilitate Railways in the implementation and operation of the Project in accordance with the provisions of this Agreement; and

Obligations of the SPD. 5.1.1 Subject to and on the terms and conditions of this Agreement, the SPD shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction operation and maintenance of the rooftop solar project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The SPD shall comply with all Applicable Laws and obtain Approvals (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the SPD shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 In addition to the fulfilment of the conditions precedent, the The SPD 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 Instrumentalities with such particulars and details as may be required for obtaining Approvals (other than those set forth in Clause 5.1.2), and obtain and keep in force and effect such Approvals in conformity with the Applicable Laws, Indian Electricity Grid Code (IEGC)the Distribution Code, the terms and conditions of this Agreement and Prudent Utility Practices. (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the rooftop solar project; (c) perform and fulfil its obligations under the Financing Agreements; (d) 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; (e) ensure and procure that its Contractors comply with all Approvals and Applicable Laws in the performance by them of any of the SPD’s obligations under this Agreement; (f) 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; (g) make its own arrangement for and take reasonable measures and shall be solely responsible for security of the Facility Installations, including commercially reasonable monitoring of the Site’s alarms, if any (h) comply with the directions of the CTU/ Railways/ other Government Authorities Railways in case of emergency to shut down the plant. Railways will only issues directions to the same in case of the occurrence of a state of Emergency (a state of emergency may be defined as a situation where the safe working of the internal grid of the Railways/ CTU grid sanctity of the distribution grid is or is likely to be compromised due to conditions beyond the control of the Railways). In such a condition, the Railways reserves the right, in order to ensure safe operation of the Internal Grid in accordance with the applicable relevant Distribution Code, Applicable Law and force majeure, directions/regulations, to shut down the line and not accept any Electricity from such part of the Facility that is affected by the Emergency. Railways will exercise such right either through a written notice to the SPD or in case the written request cannot be made at the time, through a verbal request from the competent authority with the Railways responsible for network management (and back it up with a written request later), providing as much lead time as would be practicable Upon Railways exercising such right, the SPD will suitably back down its generation from the Facility. Railways will, however, make reasonable endeavours to remedy such Emergency, and bring back normalcy at the earliest. Railways will have no liability to the SPD in such circumstances. (i) procure that all facilities and amenities within the solar rooftop power system are operated and maintained in accordance with Good Industry Practice (j) support, cooperate with and facilitate Railways in the implementation and operation of the Project in accordance with the provisions of this Agreement; and

Obligations of the SPD. 5.1.1 Subject Other than the specific obligations set out elsewhere in this Agreement, the obligations of the SPD shall include to: (a) obtain all Applicable Permits in accordance with Applicable Law, required for the development, operation and maintenance of the Project; (b) pay all requisite license and other fees in relation to and on obtaining or renewing any Applicable Permit, as may be required under the terms and conditions of this Agreement, such Applicable Permit and under Applicable Law; (c) comply at all times with the SPD shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction operation and maintenance requirements of the solar project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The SPD shall comply with all Applicable Laws Permits and obtain Approvals (including renewals as required) Applicable Law in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 Agreement and 5.1.2shall ensure compliance by its contractors, the SPD shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 In addition to the fulfilment of the conditions precedent, the SPD shall, at its own cost and expenseif any, in addition to and not in derogation performance of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Approvals (other than those set forth in Clause 5.1.2), and obtain and keep in force and effect such Approvals in conformity with the Applicable Laws, Indian Electricity Grid Code (IEGC), the terms and conditions of this Agreement and Prudent Utility Practices. (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the solar project; (c) perform and fulfil its obligations under the Financing Agreementstheir respective obligations; (d) make reasonable efforts to maintain harmony develop and good industrial relations among operate the personnel employed by it or its Contractors solar park in connection accordance with the performance of its obligations under this Agreementapplicable law and ESIA ; (e) ensure and procure ensuring that its Contractors comply with all Approvals and Applicable Laws it shall not at any time do, cause or permit to be done, anything on or about the Project Land which may cause a nuisance, annoyance or disturbance to the owners, occupiers or residents of other premises in the performance by them of any vicinity of the SPD’s obligations under this AgreementProject Land except to the extent reasonably required for the construction and operation of the Project; (f) not do or omit provide unhindered access to do any act, deed or thing which may the Project Land to the SPPD’s and/or UPNEDA’s authorised personnel in any manner be violative of any order to allow the SPPD and/or UPNEDA to carry out an inspection of the provisions Project to ensure compliance with the terms and conditions of this Agreement; (g) make its own arrangement for and take reasonable measures and shall be solely responsible for security of pay the Facility Installations, including commercially reasonable monitoring of the Site’s alarms, if anySolar Park Charges in accordance with Article 5 above; (h) comply cooperate with the directions project developers of the CTU/ Railways/ other Government Authorities project(s) in case the Jhansi Solar Power Park, as may be required, to ensure the timely and effective development of emergency the Jhansi Solar Power Park; (i) cooperate with the SPPD and provide all information as may be required by the SPPD in a timely manner so as to shut down enable the plant. Railways will only issues directions SPPD to fulfil its obligation set out in Article 6.1(d); (j) obtain a license to use any technology and up-to-date know-how relating to the same in case operation and maintenance of the occurrence Project, if applicable; (k) develop and maintain adequate drainage facilities on the Project Land; (l) procure and arrange for any water supply that is required by the SPD for the construction, operations and maintenance of the Project beyond the provision specified under Article 6.1 (g) at its own cost and expense. For this purpose, the SPD will prepare a state of Emergency project report (a state copy of emergency may which shall be defined as a situation where provided to the safe working SPPD) with an in-depth assessment of the grid quantity of the Railways/ CTU grid sanctity of the distribution grid is or is likely to be compromised due to conditions beyond the control of the Railways). In such a conditionwater needed, the Railways reserves the rightproposed source of water, in order to ensure safe operation supply line alignments, assessment of the Grid environmental and social impacts in accordance with the applicable relevant Code, E&S Standards and status of Applicable Permits and Applicable Law and force majeureincorporate appropriate conservation measures. The SPD is encouraged and recommended to engage robotic module cleaning technologies during the operations and maintenance of the Project; (m) cooperate at all times with the SPPD and the Sub-Contractor, directions/regulationsincluding extending necessary assistance required by the SPPD or the Sub-Contractor in order to perform their obligations under this Agreement; (n) develop and maintain the required 33 kV infrastructure to connect to the Pooling Substations, to shut down including developing and maintaining the line transformer bays, incoming and not accept any Electricity from such outgoing feeders and 33 kV switchgears forming part of the Facility that is affected by the Emergency. Railways will exercise such right either through a written notice to the SPD or in case the written request cannot be made at the time, through a verbal request from the competent authority with the Railways responsible for network management (and back it up with a written request later), providing as much lead time as would be practicable Upon Railways exercising such right, the SPD will suitably back down its generation from the Facility. Railways will, however, make reasonable endeavours to remedy such Emergency, and bring back normalcy at the earliest. Railways will have no liability to the SPD in such circumstances.Pooling Substations; (io) procure that all facilities develop and amenities maintain internal roads with associated necessary drainage facility(ies) within the solar power system are operated and maintained in accordance with Good Industry Practice Project; (jp) support, cooperate with and facilitate Railways in fence the implementation and operation demarcated boundary of the Project Land; (q) either by itself or through the Lead SPD (as defined in accordance with the provisions of PPA), be responsible for all forecasting, scheduling and deviation settlement matters as per the applicable UPERC regulations. The SPPD shall bear no responsibility in this Agreementregard; and (r) hire appropriately qualified and licensed contractors, with all Applicable Permits which are required for undertaking the transportation, treatment and disposal of waste generated from the construction, development, commissioning, operations and maintenance and de- commissioning of the Project.

Obligations of the SPD. 5.1.1 Subject to and on the terms and conditions of this Agreement, the SPD shall, at its own cost and expense, procure finance for and undertake the design, engineering, procurement, construction operation and maintenance of the solar project and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. 5.1.2 The SPD shall comply with all Applicable Laws and obtain Approvals (including renewals as required) in the performance of its obligations under this Agreement. 5.1.3 Subject to the provisions of Clauses 5.1.1 and 5.1.2, the SPD shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. 5.1.4 In addition to the fulfilment of the conditions precedent, the SPD 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 Instrumentalities with such particulars and details as may be required for obtaining Approvals (other than those set forth in Clause 5.1.2), and obtain and keep in force and effect such Approvals in conformity with the Applicable Laws, Indian Electricity Grid Code (IEGC), the terms and conditions of this Agreement and Prudent Utility Practices. (b) procure, as required, the appropriate proprietary rights, licenses, agreements and permissions for materials, methods, processes and systems used or incorporated into the solar project; (c) perform and fulfil its obligations under the Financing Agreements; (d) 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; (e) ensure and procure that its Contractors comply with all Approvals and Applicable Laws in the performance by them of any of the SPD’s obligations under this Agreement; (f) 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; (g) make its own arrangement for and take reasonable measures and shall be solely responsible for security of the Facility Installations, including commercially reasonable monitoring of the Site’s alarms, if any (h) comply with the directions of the CTU/ Railways/ CTU/Railways/other Government Authorities in case of emergency to shut down the plant. Railways will only issues directions to the same in case of the occurrence of a state of Emergency (a state of emergency may be defined as a situation where the safe working of the grid of the Railways/ CTU grid sanctity of the distribution grid is or is likely to be compromised due to conditions beyond the control of the Railways). In such a condition, the Railways reserves the right, in order to ensure safe operation of the Grid in accordance with the applicable relevant Code, Applicable Law and force majeure, directions/regulations, to shut down the line and not accept any Electricity from such part of the Facility that is affected by the Emergency. Railways will exercise such right either through a written notice to the SPD or in case the written request cannot be made at the time, through a verbal request from the competent authority with the Railways responsible for network management (and back it up with a written request later), providing as much lead time as would be practicable Upon Railways exercising such right, the SPD will suitably back down its generation from the Facility. Railways will, however, make reasonable endeavours to remedy such Emergency, and bring back normalcy at the earliest. Railways will have no liability to the SPD in such circumstances. (i) procure that all facilities and amenities within the solar power system are operated and maintained in accordance with Good Industry Practice (j) support, cooperate with and facilitate Railways in the implementation and operation of the Project in accordance with the provisions of this Agreement; and