Common use of Offtake constraints due to Backdown Clause in Contracts

Offtake constraints due to Backdown. The Solar Power Developer and Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to Solar Power projects. Accordingly, no Solar Power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In the eventuality of backdown, including backdown on account of non-dispatch of power due to non-compliance with “Order No. 23/22/2019- R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the submission of documentary evidences from the competent authority, the SPD shall be eligible for a minimum generation compensation, from Buying Entity, restricted to the following and there shall be no other claim, directly or indirectly against SECI:

Offtake constraints due to Backdown. The Solar Wind Power Developer and Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to Solar Wind Power projects. Accordingly, no Solar Wind Power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In the eventuality of backdown, including backdown on account of non-dispatch of power due to non-compliance with “Order No. 23/22/2019- R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the submission of documentary evidences from the competent authority, the SPD WPD shall be eligible for a minimum generation compensation, from Buying Entity, restricted to the following and there shall be no other claim, directly or indirectly against SECI:

Offtake constraints due to Backdown. The Solar Power Developer SPD and Buying Entity RUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionRERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to Solar Power projects. Accordingly, no Solar Power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In the eventuality of backdown, including backdown on account of non-non- dispatch of power due to non-compliance with “Order No. 23/22/2019- R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the submission of documentary evidences from the competent authority, the SPD shall be eligible for a minimum generation compensation, from Buying EntityRUVNL, restricted to the following and there shall be no other claim, directly or indirectly against SECIRUVNL:

Offtake constraints due to Backdown. (a). The Solar Power Developer and the Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a provides for status of “must-run” to Solar Power solar power projects. Accordingly, no Solar Power solar power plant, duly commissioned, should be directed to back down by a Discom/ Regional Load Dispatch Centre (LDC)RLDC)/State Load Dispatch Centre (SLDC) of the Buying entity. In the case such eventuality of backdownBackdown arises, including backdown on account of non-dispatch of power due to non-non- compliance with “Order No. 23/22/2019- 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the submission of documentary evidences from the competent authority, the SPD Solar Power Developer shall be eligible for a minimum generation compensationMinimum Generation Compensation, from Buying Entity, restricted to the following and there shall be no other claim, directly or indirectly against SECI:BBMB: Duration of Backdown Provision for Generation Compensation

Offtake constraints due to Backdown. (a). The Solar Power Developer and the Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a provides for status of “must-run” to Solar Power solar power projects. Accordingly, no Solar Power solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In the case such eventuality of backdownBackdown arises, including backdown on account of non-dispatch of power due to non-compliance with “Order No. 23/22/2019- 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the submission of documentary evidences from the competent authority, the SPD Solar Power Developer shall be eligible for a minimum generation compensationMinimum Generation Compensation, from Buying Entity, restricted to the following and there shall be no other claim, directly or indirectly against SECI:EDA&N: Duration of Backdown Provision for Generation Compensation

Offtake constraints due to Backdown. (a). The Solar Power Developer and the Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission/STU. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), encourages a provides for status of “must-run” to Solar Power solar power projects. Accordingly, no Solar Power solar power plant, duly commissioned, should be directed to back down by a Discom/ State Load Dispatch Centre (LDC)) of the Buying entity. In the case such eventuality of backdownBackdown arises, including backdown on account of non-dispatch of power due to non-compliance with “Order No. 23/22/2019- R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, subject to the submission of documentary evidences from the competent authority, the SPD Solar Power Developer shall be eligible for a minimum generation compensationMinimum Generation Compensation, from Buying Entity, restricted to the following and there shall be no other claim, directly or indirectly against SECI:JDA: Duration of Backdown Provision for Generation Compensation