Common use of Right to Contracted Capacity & Energy Clause in Contracts

Right to Contracted Capacity & Energy. APDCL, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) at a CUF of 14.59% [i.e., CUF 16.21% - 10% of 16.21%], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% of the PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCL, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) at a CUF of 14.59% [i.e., CUF 16.21% - 10% of 16.21%], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% of the PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase of any excess energy Purchase of any excess energy , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV, shall be charged at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCL4.4.1 The WPD will be allowed to revise the CUF of the Project once within first three years after COD of the Project. The declared annual CUF shall be in no case less than 22 percent, at in terms of the Guidelines. Subsequent to commissioning of the Project, SECI, in any time during a Contract Year, except for the Contract Year ending on 31st March immediately after COD of the Project, shall not be obliged to purchase any additional energy from the Solar Power Developer WPD beyond Million kWh (MU) [Insert value of energy generated corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the COD of the Project, it is found that the Solar Power Developer WPD has not been able to generate supply minimum energy at CUF of 1.278 ………%, i.e… Million kWh (MU) at [Insert values corresponding to a CUF of 14.59% [i.e., CUF 16.21% - 1080% of 16.21%], the declared CUF for the project or the modified CUF] on account of reasons solely attributable to the Solar Power DeveloperWPD, the noncompliance by Solar Power Developer WPD shall make Solar Power Developer be liable to pay the compensation provided to SECI to enable SECI to remit such compensation to the Buying Entity (ies). 10.1. The amount of such compensation shall ensure the Buying Entity to offset for all potential costs associated with low generation and supply of power from the Project(s) under the PSA. The amount of such compensation will be calculated @ 50% (fifty per cent) of the PPA tariff for the shortfall in energy terms, which in turn, shall be remitted to the Agreement Buying Entity. The compensation as payable to APDCL. This compensation per above shall be applied to on the amount of shortfall in generation from the Project during the any Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% of the PPA tariffYear. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAthis Agreement, affecting supply of Wind Power by WPD. 5.6.1 In case of 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the WPD would be free to re-power their plants install the wind turbine as per its design of required output, including its requirement of auxiliary consumption and to repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). For repoweringThe WPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. SECI shall be required to intimate its approval/refusal to the WPD, for buying such excess generation not later than 30 days of receiving the above offer from the WPD. In the event the offer of the WPD is not accepted by SECI within the said period of 30 days, such right shall cease to exist and the WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the purchase peak of any excess energy, beyond capacity reached is higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity and causes disturbance in the Solar Power Developer during system at the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant point where power is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraintinjected, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding WPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCL, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 …...Million kWh (MU) at a CUF of 14.59% ……….% [i.e., CUF 16.21% - 10% Insert value of 16.21%energy generated corresponding to a Minimum CUF], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPDAPDCL, subject to a minimum of 25% of the PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA TariffTariff or 75% of applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.:

Right to Contracted Capacity & Energy. APDCL4.3.1 PGVCL, at in any time during a Contract Year, Year shall not be obliged to purchase any additional energy from the Solar Power Developer SPG beyond Million kWh (MU) [Insert value of energy generated corresponding the contract capacity. If for any Contract YearYear except for the first year of operation, it is found that the Solar Power Developer SPG has not been able to generate and supply minimum energy of 1.278 Million kWh KWH (MUUnits) at a CUF (corresponding to 17% minimum CUF) for Feeder level Solar plant during the term of 14.59% [i.e., CUF 16.21% - 10% of 16.21%]the agreement, on account of reasons solely attributable to the Solar Power DeveloperSPG, the noncompliance non- compliance by Solar Power Developer SPG shall make Solar Power Developer the SPG liable to pay the compensation provided compensation. PGVCL shall not be obliged to purchase energy in excess of maximum CUF of 30% during any contract year. If _PGVCL decides to purchase the Agreement as payable excess energy beyond CUF of 30%, the payments for such excess energy shall be made at 75% of the PPA tariff. For the first year of operation, the above limits shall be considered on pro-rata basis. The lower limit will, however be relaxable by PGVCL to APDCL. the extent of grid non-availability for evacuation which is beyond the control of the SPG. 4.3.2 This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of such penalty would ensure that the PGVCL is offset for all potential costs associated with low generation and supply of power under the PPA. The compensation payable to PGVCL by the SPG shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case 4.3.3 At any point of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repoweringblock, the purchase peak of any excess energy, beyond capacity shall not reach higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity at the Solar Power Developer during point where power is injected in the signing of PPA for solar PV project, grid. The SPG shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, forego the excess generation by and reduce the SPD in output to the succeeding 3 (three) Contract Year, contract capacity and shall be procured by APDCL required to pay the penalty/charges in case of failure to do so. The SPG shall install adequate protection equipment at the PPA tariff interconnection point to avoid excess energy feeding into the grid and failure to do so as shall entitle DISCOM to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force pay for the Contract Year only. The Solar Power Developer shall be permitted to achieve additional energy over and above the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned contracted capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCLESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%.12 If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) [Insert value of energy generated corresponding to a Minimum CUF i.e. Maximum CUF mentioned by bidder at a CUF the time of 14.59% [i.e., CUF 16.21% - 10% of 16.21%]PPA signing minus 12%13 for solar PV (new projects), on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCLESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of 11 Addendum-1 to the original tender, dated 06 Feb 2018 12 Addendum-2 dated 26 Feb 2018 of Re-called tender 13 Addendum-2 dated 26 Feb 2018 of Re-called tender compensation shall be computed at the rate equal to the compensation payable by the SPDESCOM, subject to a minimum of 2550% of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase Purchase of any excess energy 5.6.2 In case , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of repoweringPPA14 for solar PV (new projects), shall be charged at a rate equivalent to 75% of PPA tariff or 75% of the applicable APPC charges (as published by KERC), whichever is less, provided first right of refusal will vest with the ESCOMs. The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA PPA15 for solar PV project(new projects), shall be charged at a rate equivalent to 75% of PPA TariffEffective Tariff or 75% of applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint the ESCOMs. No compensation shall be provided towards any offtake constraints due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW 30 MWAC and can achieve further Part Commissioning in minimum steps of 5 MW 10 MWAC till full Commissioning of the Project is achieved, subject to the acceptance by the APDCLCEIG and the concerned ESCOM. However, the Scheduled Commissioning Commisisoning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPAESCOMs. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity 15 Addendum-2 dated 26 Feb 2018 of Re-called tender within the COD, then APDCL the ESCOM shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL concerned ESCOMs to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCLthe concerned ESCOM’s decision shall be final and binding on the Solar Power Developer. The Solar Power Developer 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. Provision for generation compensation in the event of back down by LDC shall be provided as the solar power plant have been declared as must run plants in the IEGC. The Developer and ESCOM shall follow the forecasting and scheduling process as per the regulations in this regard by KERC.

Right to Contracted Capacity & Energy. APDCLBESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF of 26% (twenty six percent) for solar PV projects (new projects)]. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 …...Million kWh (MU) at [Insert value of energy generated corresponding to a CUF of 14.5914% [i.e., CUF 16.21% - 10% of 16.21%(fourteen percent) for solar PV (new projects)], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodBESCOM. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 2550% (fifty percent) of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase Purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA 26% (twenty six percent) for solar PV project, (new projects) shall be charged at a rate equivalent to 75% of PPA Tarifftariff or 75% of the applicable APPC charges, whichever is less, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation BESCOM. The Developer and BESCOM shall follow the forecasting and scheduling process as per the regulations in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation lossthis regard by KERC. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 minimum 10 MW till full Commissioning (AC) in a Taluka by the successful Bidder out of the Project is achieved, subject total capacity allotted to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain successful Bidder in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Datethat Taluka. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% (seventy five percent) of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPABESCOM. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL BESCOM shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 3.8 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL BESCOM to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-un- commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 3.8 of the RFP and clause 5.8 of the draft PPA. However, APDCLthe concerned BESCOM’s decision shall be final and binding on the Solar Power Developer. The Developer shall follow the forecasting and scheduling process as per the regulations in this regarAd 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. Provision for generation compensation in the event of back down by LDC shall be provided as the solar power plant have been declared as must run plants in the IEGC. The Developer and BESCOM shall follow the forecasting and scheduling process as per the regulations in this regard by KERC.

Right to Contracted Capacity & Energy. APDCL, at 4.4.1 The Bidder has declared the annual CUF of for the Project(s) during the submission of the Bid and the HPD will be allowed to revise the same once within first three years after COD of the Project. For any time during a Contract Year, the HPD shall maintain generation so as to achieve annual energy supply not less than MUs (Individual MUs i.e., Solar & wind energy components to be obliged mentioned along with total MUs) corresponding to purchase any additional energy from the Solar Power Developer beyond Million kWh minimum annual CUF of 90% (MUinsert declared Minimum annual CUF) [Insert value of energy generated corresponding and not more than (a) Note Used (b) If for any Contract Year, except for the Contract Year ending on 31st March immediately after the COD of the Project, it is found that the Solar Power Developer HPD has not been able to generate supply at Delivery Point to CESC, minimum annual energy of 1.278 Million kWh (MU) at a corresponding to Minimum CUF of 14.59% [i.e., CUF 16.21% - 10% of 16.21%], on account of reasons solely attributable to the Solar Power DeveloperHPD, the noncompliance by Solar Power Developer HPD shall make Solar Power Developer be liable to pay a compensation to CESC. It is clarified that the compensation provided shortfall in energy supply will be calculated based on the Agreement total annual energy commitments, and not on the solar and wind energy units as payable indicated above. The energy corresponding to APDCL. This compensation shall Minimum CUF will, however be applied relaxable by CESC to the amount extent of shortfall in generation during Generation Compensation due to grid non-availability to the Contract PeriodProject for evacuation which is beyond the control of the HPD as determined under provisions of Article 4.10. The amount of such compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25calculated @ 50% (fifty percent) of the PPA tariffTariff for the shortfall in energy terms in accordance with the terms of the PPA. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAthis PPA affecting supply of power by HPD. Compensation amount shall be adjusted by CESC through Debit/credit note as applicable from the unpaid monthly bills and/or supplementary bills raised by the HPD. It shall not be construed that the compensation is payable by the HPD only if the Buying Entity is required to pay compensation for such not meeting of RPOs or that the Buying Entity or the HPD shall be required to prove or establish such payment of compensation for not meeting the RPOs. 5.6.1 In (c) The HPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the HPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by CESC. The HPD shall further acknowledge that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this document is a genuine and reasonable pre-estimate of the damages that may be suffered by the CESC in each case specified under this Agreement. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by CESC at 75% of the tariff in terms as per Article 9 unless CESC refuses to purchase such power While the HPD would be free to install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to repower the Project from time to time during the term of the PPA in line with applicable MNRE guidelines, it will not be allowed to sell any excess power to any other entity other than CESC (unless refused by CESC). Further, any addition to the installed capacity (including but not limited to solar panels and/or wind turbines) subsequent to commissioning of the full capacity/part capacity of the Project (as applicable), shall not be eligible for any future claims made by the HPD, seeking compensation on account of any excess energy 5.6.2 In case of repowering, changes in the applicable provisions covered under Change in Law as defined in this Agreement. The Solar Power Developer shall HPD will be free to re-power their plants from time to time during the PPA duration. For However, after repowering, the purchase minimum ratio of any excess energy, beyond both the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, resources shall be charged maintained. The HPD shall be required to intimate CESC about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at a rate equivalent least 60 days prior to 75% the proposed date of PPA Tariffcommencement of excess generation. CESC shall be required to intimate its approval/refusal to the HPD, provided first right for buying such excess generation not later than 30 days of refusal will vest with APDCL. 5.6.3 receiving the above offer from the HPD. In case the event the offer of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure HPD is not readyaccepted by CESC within the said period of 30 days, for reasons not attribute such right shall cease to exist and the SPDHPD shall, leading at its sole discretion, may sell such excess power to off-take constraintany third party. However, in case at any point of time, the provision for generation compensation shall be as follows: “The normative CUF peak of 19% (nineteen per cent) or committed CUF whichever capacity reached is lowerhigher than the contracted capacity and causes disturbance in the system at the point where power is injected, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding HPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty /charges (if applicable) as per applicable regulations/ requirements/guidelines of CERC/SERC/SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of CESC. CESC may agree to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of buy such generation shall be settled power at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCL4.4.1 The WPD will declare the CUF of the Project and will be allowed to revise the same once within first three years after COD of the full project capacity. SECI, at in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer WPD beyond ……….. Million kWh (MU) [Insert value ). Subsequent to commissioning of energy generated corresponding If the Project, if for any Contract Year, it is found that the Solar Power Developer WPD has not been able to generate supply minimum energy of 1.278 …...Million kWh (MU) at a CUF till the end of 14.59% [i.e., CUF 16.21% - 10% 10 years from the SCD and Million kWh (MU) for the rest of 16.21%]the Term of the Agreement, on account of reasons solely attributable to the Solar Power DeveloperWPD, the noncompliance by Solar Power Developer WPD shall make Solar Power Developer the WPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the WPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of compensation such penalty shall be computed at as determined by the rate equal to respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the SPD, subject to a minimum of 25WPD shall be 50% (fifty percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAPPA with SECI affecting supply of Wind Power by WPD. 5.6.1 In case 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff in term of as per Article 9, provided the Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the WPD would be free to re-power their plants install the wind turbine as per its design of required output, including its requirement of auxiliary consumption and to repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). For repoweringThe WPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. SECI shall be required to intimate its approval/refusal to the WPD, for buying such excess generation not later than 30 days of receiving the above offer from the WPD. In the event the offer of the WPD is not accepted by SECI within the said period of 30 days, such right shall cease to exist and the WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the purchase peak of any excess energy, beyond capacity reached is higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity and causes disturbance in the Solar Power Developer during system at the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant point where power is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraintinjected, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding WPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCLPower Purchase Agreement BESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond 105.12 Million kWh (MU) [Insert value at maximum CUF of energy generated corresponding 24%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 52.56 Million kWh (MU) at a minimum CUF of 14.59% [i.e., CUF 16.21% - 10% of 16.2112%]., on account of reasons solely attributable to the Solar Power DeveloperKREDL, the noncompliance by Solar Power Developer KREDL shall make Solar Power Developer KREDL liable to pay the compensation provided in the Agreement as payable to APDCLBESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPDBESCOM, subject to a minimum of 2550% of the applicable PPA tariffTariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase Purchase of any excess energy 5.6.2 In case , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of repoweringPPA for solar PV (new projects), shall be charged at a rate equivalent to PPA tariff or any other tariff determined by KERC, whichever is less, provided first right of refusal will vest with BESCOM. The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project(new projects), shall be charged at a rate equivalent to 75% of PPA TariffTariff or any other tariff determined by KERC, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 BESCOM. In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning dateunavaialbility, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation No compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint provided towards any offtake constraints due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPDinfrastructure or grid unavailability. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a each project location with individual threshold capacity of 15 MW MWAC, 10 MWAC, 10 MWAC or 15 MWAC in Block B1, B2, B3 or B4 respectively and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project capacity of 50 MWAC is achieved, subject to the acceptance by the APDCLCEIG and the concerned BESCOM. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tarifftariff or any other tariff determined by KERC, whichever is minimum, provided first right of refusal will vest with APDCLBESCOM. However, The Solar Power Developer shall follow the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash forecasting and invoke the revised Performance Security scheduling process as per the procedure mentioned regulations in clause 1.3.3 this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the RFP and clause 5.8 Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to solar power projects. Provision for generation compensation in the draft PPA, and recover event of back down by SLDC shall be provided as the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to solar power plant have been declared as must run plants in the IEGC. The Solar Power Developer to and BESCOM shall follow the extent of allotted full/ entire capacity. In forecasting and scheduling process as per the regulations in this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerregard by KERC.

Right to Contracted Capacity & Energy. APDCL4.4.1 The WPD will be allowed to revise the CUF of the Project once within first three years after COD of the full project capacity. Subsequent to commissioning of the Project, at SECI, in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer WPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to CUF of 120% of the declared CUF for the Project]. If for any Contract Year, except for the first year of operation, it is found that the Solar Power Developer WPD has not been able to generate supply minimum energy of 1.278 …...Million kWh (MU) at [Insert value of energy corresponding to a CUF of 14.59% [i.e., CUF 16.21% - 1080% of 16.21%], the declared CUF for the project] on account of reasons solely attributable to the Solar Power DeveloperWPD, the noncompliance non-compliance by Solar Power Developer WPD shall make Solar Power Developer the WPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity (ies) by Buyer to enable Buyer to remit the amount to Buying Entity (ies). In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project, or the finally accepted Project Capacity. In both cases of part/full commissioning, energy supplied during the first year of operation will not be considered for the purpose of calculation of shortfall in energy supply. The lower limit will, however be relaxable by Buyer to the extent of grid non- availability for evacuation which is beyond the control of the WPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of compensation such penalty shall be computed at the rate equal to the compensation payable as determined by the SPDrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, subject to a minimum and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of 25power under the PPA. The amount of such compensation will be calculated @ 50% (fifty per cent) of the PPA tarifftariff for the shortfall in energy terms. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAPPA with SECI affecting supply of Wind Power by WPD. 5.6.1 In case of 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the WPD would be free to re-power their plants install the wind turbine as per its design of required output, including its requirement of auxiliary consumption and to repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). For repoweringThe WPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. SECI shall be required to intimate its approval/refusal to the WPD, for buying such excess generation not later than 30 days of receiving the above offer from the WPD. In the event the offer of the WPD is not accepted by SECI within the said period of 30 days, such right shall cease to exist and the WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the purchase peak of any excess energy, beyond capacity reached is higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity and causes disturbance in the Solar Power Developer during system at the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant point where power is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraintinjected, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding WPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCLESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF8 of 21% for solar PV (new projects) and maximum CUF of 24% for solar PV projects (new projects) using trackers. Provided that in case of solar projects using advanced technologies, the value of CUF shall be the average CUF committed by the Developer at the point of signing the PPA]. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) at [Insert value of energy generated corresponding to a CUF of 14.5912% [i.e.for solar PV (new projects) and CUF of 16% for solar PV projects (new projects) using trackers and further provided that in case of solar projects using advanced technologies, the value of CUF 16.21shall be 7% - 10% below the average CUF committed by the Developer at the point of 16.21%signing the PPA], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCLESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPDESCOM, subject to a minimum of 25% of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase Purchase of any excess energy 5.6.2 , beyond the energy generated corresponding to a maximum CUF of 21% for solar PV (new projects) and maximum CUF of 24% for solar PV projects (new projects) using trackers, shall be charged at a rate equivalent to 75% of PPA tariff or applicable 8 In case the Developer intends to go for two axis tracking, the concerned ESCOM may consider maximum CUF of repowering24% in Solar PV technology. Subject to the condition that the Developer is required to adopt the technology for total capacity APPC charges, whichever is minimum, provided first right of refusal will vest with the ESCOMs. The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA 21% for solar PV project(new projects) and maximum CUF of 24% for solar PV projects (new projects) using trackers, shall be charged at a rate equivalent to 75% of PPA Tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 the ESCOMs. In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning dateunavaialbility, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation No compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint provided towards any offtake constraints due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of infrastructure or grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Dateunavailability. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCLthe ESCOMs. However, The Developer shall follow the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash forecasting and invoke the revised Performance Security scheduling process as per the procedure mentioned regulations in clause 1.3.3 this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the RFP and clause 5.8 Indian Electricity Grid Code (IEGC), encourages a status of “must-run” to solar power projects. Provision for generation compensation in the draft PPA, and recover the balance amount from payment event of Monthly Bills/ Supplementary Xxxx payable back down by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision LDC shall be final and binding on provided as the Solar Power Developer.solar power plant have been declared as must run plants in the IEGC. Generation Compensation = 50 % of [(Average Generation per hour during the month) x (number of backdown hours during the month) x PPA Tariff] Where, Average Generation per hour during the month (kWh) = Total generation in the month (kWh) / Total hours of generation in the month

Right to Contracted Capacity & Energy. APDCL4.4.1 MAHAGENCO, at in any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer SPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding ). If for any Contract Year, it is found that the Solar Power Developer SPD has not been able to generate minimum energy of 1.278 …...Million kWh (MU) at a CUF till the end of 14.59% [i.e., CUF 16.21% - 10% 10 years from the SCD and ………….. Million kWh (MU) for the rest of 16.21%]the Term of the Agreement, on account of reasons solely attributable to the Solar Power DeveloperSPD, the noncompliance non-compliance by Solar Power Developer SPD shall make Solar Power Developer the SPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of compensation such penalty shall be computed at as determined by the rate equal to respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to MAHAGENCO by the SPD, subject to a minimum of SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAPPA with MAHAGENCO affecting supply of solar power by SPD. 5.6.1 In case of 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by MAHAGENCO at a tariff as per Article 9.4, provided Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the SPD would be free to re-power their plants install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the PPA duration. For repoweringterm of the PPA, the purchase of it will not be allowed to sell any excess energy, beyond the energy generated corresponding power to a maximum CUF as mentioned any other entity other than MAHAGENCO (unless refused by the Solar Power Developer during the signing of PPA for solar PV project, MAHAGENCO). The SPD shall be charged required to intimate the MAHAGENCO about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at a rate equivalent least 60 days prior to 75% the proposed date of PPA Tariff, provided first right commencement of excess generation. The MAHAGENCO shall be required to intimate its approval/refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the buying such excess generation by not later than 30 days of receiving the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to above offer from the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during event the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning offer of the Project SPD is achieved, subject to the acceptance not accepted by the APDCLMAHAGENCO within the said period of 30 days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the contracted capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not get altered due be at the cost of MAHAGENCO. MAHAGENCO may agree to Part Commissioning of buy such power at a tariff as agreed to between MAHAGENCO and the Project. Irrespective of dates of Part CommissioningBuying Entity (including MAHAGENCO’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCL4.4.1 The WPD will declare the CUF of the Project and will be allowed to revise the same once within first year of COD. Buyer, at in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer WPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to CUF of 120% of the declared CUF of % for Wind Project. In case of full commissioning of the Project, for the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. If for any Contract Year, except for the first year of operation, it is found that the Solar Power Developer WPD has not been able to generate minimum energy of 1.278 Million kWh (MU) at [Insert value of energy generated corresponding to a CUF of 14.59% [i.e., CUF 16.21% - 1080% of 16.21%], the declared CUF for Wind project] on account of reasons solely attributable to the Solar Power DeveloperWPD, the noncompliance non-compliance by Solar Power Developer WPD shall make Solar Power Developer the WPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). The lower limit will, however be relaxable by Buyer to the extent of grid non availability for evacuation which is beyond the control of the developer (subject to certification from SLDC/RLDC). For the first year of operation of the project, the annual CUF shall be calculated for the complete year after COD of the Project. Subsequently, the annual CUF shall be calculated every year from 1st April of the year to 31st March next year. This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of such compensation shall be computed as determined by the Appropriate Commission/Authority, and such compensation shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the WPD shall be 75% (seventy-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at a tariff as per Article 9.4, provided Buying Entity consents to purchase such power. While the WPD would be free to install the wind turbines as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the term of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The WPD shall be required to intimate the Buyer about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. The Buyer shall be required to intimate its approval/refusal to the WPD, for buying such excess generation not later than 30 days of receiving the above offer from the WPD. In the event the offer of the WPD is not accepted by the Buyer within the said period of 30 days, such right shall cease to exist and the WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the contracted capacity and causes disturbance in the system at the rate equal point where power is injected, the WPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of SECI. SECI may agree to buy such power at a tariff as agreed to between SECI and the Buying Entity (including SECI’s trading margin), provided the Buying Entity consents for purchase of such power. 4.4.3 The compensation payable by the SPD, subject to a minimum of 25% of the PPA tariff. This compensation as per Article 4.4.1 shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPABuyer-WPD PPA affecting supply of wind power by WPD. 5.6.1 In case of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCL4.4.1 The HPD will declare the CUF of the Project and will be allowed to revise the same once within three years after COD of the full project capacity. Subsequent to commissioning/part-commissioning of the Project, at SECI, in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer HPD beyond Million kWh (MU) [Insert value of energy generated corresponding to 120% of the declared CUF for the Project]. If for any Contract YearYear except for first year of operation, it is found that the Solar Power Developer HPD has not been able to generate minimum energy of 1.278 …...Million kWh (MU) at a CUF of 14.59% the energy generated from the Project [i.e., CUF 16.21% - 10Insert value of energy generated corresponding to 80% of 16.21%the declared CUF for the Project], on account of reasons solely attributable to the Solar Power DeveloperHPD, the noncompliance non-compliance by Solar Power Developer HPD shall make Solar Power Developer the HPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). In case of full commissioning of the Project, for the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full Contracted Capacity of the Project. The lower limit will, however be relaxable by Buyer to the extent of grid non- availability for evacuation which is beyond the control of the HPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of such compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25will be calculated @ 50% (fifty percent) of the PPA tarifftariff for the shortfall in energy terms, in accordance with the terms of the PPA. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAPPA with SECI affecting supply of power by HPD. 5.6.1 In case 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff in term of as per Article 9, provided the Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the HPD would be free to re-power their plants install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). For repoweringFurther, any addition to the installed capacity (including but not limited to solar panels and/or wind turbines) subsequent to commissioning of the full capacity/part capacity of the Project (as applicable), shall not be eligible for any future claims made by the HPD, seeking compensation on account of any changes in the applicable provisions covered under Change in Law as defined in this Agreement. The HPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. SECI shall be required to intimate its approval/refusal to the HPD, for buying such excess generation not later than 30 days of receiving the above offer from the HPD. In the event the offer of the HPD is not accepted by SECI within the said period of 30 days, such right shall cease to exist and the HPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the purchase peak of any excess energy, beyond capacity reached is higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity and causes disturbance in the Solar Power Developer during system at the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant point where power is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraintinjected, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding HPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCLESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) [Insert value of energy generated corresponding to a Minimum CUF i.e. Maximum CUF mentioned by bidder at a CUF the time of 14.59PPA signing minus 12% [i.e., CUF 16.21% - 10% of 16.21%]for solar PV (new projects), on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCLESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPDESCOM, subject to a minimum of 2550% of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase Purchase of any excess energy 5.6.2 In case , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of repoweringPPA for solar PV (new projects), shall be charged at a rate equivalent to 75% of PPA tariff or 75% of the applicable APPC charges (as published by KERC), whichever is less, provided first right of refusal will vest with the ESCOMs. The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project(new projects), shall be charged at a rate equivalent to 75% of PPA TariffEffective Tariff or 75% of applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint the ESCOMs. No compensation shall be provided towards any offtake constraints due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW 30 MWAC and can achieve further Part Commissioning in minimum steps of 5 MW 10 MWAC till full Commissioning of the Project is achieved, subject to the acceptance by the APDCLCEIG and the concerned ESCOM. However, the Scheduled Commissioning Commisisoning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPAESCOMs. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL the ESCOM shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL concerned ESCOMs to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCLthe concerned ESCOM’s decision shall be final and binding on the Solar Power Developer. The Solar Power Developer 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. Provision for generation compensation in the event of back down by LDC shall be provided as the solar power plant have been declared as must run plants in the IEGC. The Developer and ESCOM shall follow the forecasting and scheduling process as per the regulations in this regard by KERC.

Right to Contracted Capacity & Energy. APDCL, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 1.498 Million kWh (MU) at a CUF of 14.5917.10% [i.e., CUF 16.2119.00% - 10% of 16.2119.00%], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% of the PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase of any excess energy Purchase of any excess energy , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV, shall be charged at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCLBESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF of 26% (twenty six percent) for solar PV projects (new projects)]. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 …...Million kWh (MU) at [Insert value of energy generated corresponding to a CUF of 14.5914% [i.e., CUF 16.21% - 10% of 16.21%(fourteen percent) for solar PV (new projects)], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodBESCOM. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 2550% (fifty percent) of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase Purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA 26% (twenty six percent) for solar PV project, (new projects) shall be charged at a rate equivalent to 75% of PPA Tarifftariff or 75% of the applicable APPC charges, whichever is less, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation BESCOM. The Developer and BESCOM shall follow the forecasting and scheduling process as per the regulations in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation lossthis regard by KERC. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 minimum 10 MW till full Commissioning (AC) in a Taluka by the successful Bidder out of the Project is achieved, subject total capacity allotted to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain successful Bidder in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Datethat Taluka. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% (seventy five percent) of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPABESCOM. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL BESCOM shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 3.8 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL BESCOM to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-un- commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 3.8 of the RFP and clause 5.8 of the draft PPA. However, APDCLthe concerned BESCOM’s decision shall be final and binding on the Solar Power Developer. The Developer shall follow the forecasting and scheduling process as per the regulations in this regarAd 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. Provision for generation compensation in the event of back down by LDC shall be provided as the solar power plant have been declared as must run plants in the IEGC. The Developer and BESCOM shall follow the forecasting and scheduling process as per the regulations in this regard by KERC.

Right to Contracted Capacity & Energy. APDCLBESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) [Insert value of energy generated corresponding to a Minimum CUF i.e. Maximum CUF mentioned by bidder at a CUF the time of 14.59PPA signing minus 12% [i.e., CUF 16.21% - 10% of 16.21%]for solar PV (new projects), on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCLBESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPDBESCOM, subject to a minimum of 2550% of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase Purchase of any excess energy 5.6.2 In case , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of repoweringPPA for solar PV (new projects), shall be charged at a rate equivalent to 75% of PPA tariff or 75% of the applicable APPC charges (as published by KERC), whichever is less, provided first right of refusal will vest with BESCOM. The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project(new projects), shall be charged at a rate equivalent to 75% of PPA TariffEffective Tariff or 75% of applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint BESCOM. No compensation shall be provided towards any offtake constraints due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW 30 MWAC and can achieve further Part Commissioning in minimum steps of 5 MW 10 MWAC till full Commissioning of the Project is achieved, subject to the acceptance by the APDCLCEIG and the concerned BESCOM. However, the Scheduled Commissioning Commisisoning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPABESCOM. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL BESCOM shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL BESCOM to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCLBESCOM’s decision shall be final and binding on the Solar Power Developer. The Solar Power Developer 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. Provision for generation compensation in the event of back down by LDC shall be provided as the solar power plant have been declared as must run plants in the IEGC. The Solar Power Developer and BESCOM shall follow the forecasting and scheduling process as per the regulations in this regard by KERC.

Right to Contracted Capacity & Energy. APDCLi. The HPD will declare the CUF of the Project and will be allowed to revise the same once within first three years after SCOD of the full project capacity. Subsequent to commissioning/part commissioning of the Project, at GUVNL, in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer HPD beyond Million kWh (MU) [Insert value the range of energy generated corresponding If CUF, specified in the PPA. Subsequent to commissioning of the Project, if for any Contract Year, it is found that the Solar Power Developer HPD’s has not been able to generate minimum energy of 1.278 Million kWh (MU) at a CUF of 14.59% [i.e., CUF 16.21% - 10% of 16.21%]energy, on account of reasons solely attributable to the Solar Power DeveloperHPD, the noncompliance by Solar Power Developer HPD shall make Solar Power Developer the HPD liable to pay the compensation provided to GUVNL. For the first year of operation, the limits set out in Article 5.1shall be considered. In case of part commissioning of the Agreement Project, the above limits shall be considered on pro- rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by GUVNL to the extent of grid non-availability for evacuation which is beyond the delivery point which is beyond the control of the HPD (as payable to APDCLcertified by the SLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of such compensation shall will be computed at the rate equal to the compensation payable by the SPDcalculated as per Article 5.11, subject to a minimum of 25% as applicable of the PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the yearPPA. However, this compensation shall not be applicable in events of Force Majeure identified under PPAPPA with GUVNL affecting supply of power by HPD. 5.6.1 In case ii. Any excess generation over and above as per Article 5.4 (i), may be purchased by GUVNL as per Article 5 of the PPA, provided GUVNL consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the HPD would be free to re-power their plants install the DC solar field and wind turbines as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than GUVNL (unless refused by GUVNL). For repoweringFurther, any addition to the installed capacity (including but not limited to solar panels and/or wind turbines and/or inverters) subsequent to COD of the Project shall not be eligible for any future claims made by the HPD, seeking compensation on account of any changes in the applicable provisions covered under Change in Law as defined in this Agreement. iii. The HPD shall be required to intimate GUVNL about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 30days prior to the proposed date of commencement of excess generation. GUVNL shall be required to intimate its approval/refusal to the HPD, for buying such excess generation not later than 15days of receiving the above offer from the HPD. In the event the offer of the HPD is not accepted by GUVNL within the said period of 15days, such right shall cease to exist and the HPD shall, at its sole discretion, may sell such excess power to any third party. Further, it is to be clarified that 15 days period for consideration of HPD’s offer shall be from date of acknowledgement of receipt of HPD’s offer by GUVNL. However, in case at any point of time, the purchase peak of any excess energy, beyond capacity reached is higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity and causes disturbance in the Solar Power Developer during system at the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant point where power is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraintinjected, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding HPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPD. In such cases, provision for generation compensation rated capacity and shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year also have to pay the penalty/charges (only period from 8 am to 5 pm to be countedif applicable) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 applicable regulations / requirements / guidelines of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power DeveloperCERC / SERC /SLDC / WRLDC or any other competent agency.

Right to Contracted Capacity & Energy. APDCL4.4.1 SECI, at in any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer SPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding ). If for any Contract Year, it is found that the Solar Power Developer SPD has not been able to generate minimum energy of 1.278 …...Million kWh (MU) at a CUF till the end of 14.59% [i.e., CUF 16.21% - 10% 10 years from the SCD and ………….. Million kWh (MU) for the rest of 16.21%]the Term of the Agreement, on account of reasons solely attributable to the Solar Power DeveloperSPD, the noncompliance non-compliance by Solar Power Developer SPD shall make Solar Power Developer the SPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of compensation such penalty shall be computed at as determined by the rate equal to respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the SPD, subject to a minimum of SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAPPA with SECI affecting supply of solar power by SPD. 5.6.1 In case of 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at a tariff as per Article 9.4, provided Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the SPD would be free to re-power their plants install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the PPA duration. For repoweringterm of the PPA, the purchase of it will not be allowed to sell any excess energy, beyond the energy generated corresponding power to a maximum CUF as mentioned any other entity other than SECI (unless refused by the Solar Power Developer during the signing of PPA for solar PV project, SECI). The SPD shall be charged required to intimate the Buyer about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at a rate equivalent least 2 months prior to 75% the proposed date of PPA Tariff, provided first right commencement of excess generation. The Buyer shall be required to intimate its approval/refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the buying such excess generation by not later than 1 month of receiving the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to above offer from the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during event the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning offer of the Project SPD is achieved, subject to the acceptance not accepted by the APDCLBuyer within the said period of 1 month, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the contracted capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCL4.4.1 The WPD will declare the CUF of the Project and will be allowed to revise the same once within first year of COD. Buyer, at in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer WPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to CUF of 120% of the declared CUF of % for Wind Project. In case of full commissioning of the Project, for the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. If for any Contract Year, except for the first year of operation, it is found that the Solar Power Developer WPD has not been able to generate minimum energy of 1.278 Million kWh (MU) at [Insert value of energy generated corresponding to a CUF of 14.59% [i.e., CUF 16.21% - 1090% of 16.21%], the declared CUF for Wind project] on account of reasons solely attributable to the Solar Power DeveloperWPD, the noncompliance non-compliance by Solar Power Developer WPD shall make Solar Power Developer the WPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). The lower limit will, however be relaxable by Buyer to the extent of grid non availability for evacuation which is beyond the control of the developer (subject to certification from SLDC/RLDC). For the first year of operation of the project, the annual CUF shall be calculated for the complete year after COD of the Project. Subsequently, the annual CUF shall be calculated every year from 1st April of the year to 31st March next year. This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of such compensation shall be computed as determined by the Appropriate Commission/Authority, and such compensation shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the WPD shall be 75% (seventy-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at a tariff as per Article 9.4, provided Buying Entity consents to purchase such power. While the WPD would be free to install the wind turbines as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the term of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The WPD shall be required to intimate the Buyer about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 2 months prior to the proposed date of commencement of excess generation. The Buyer shall be required to intimate its approval/refusal to the WPD, for buying such excess generation not later than 1 month of receiving the above offer from the WPD. In the event the offer of the WPD is not accepted by the Buyer within the said period of 1 month, such right shall cease to exist and the WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the contracted capacity and causes disturbance in the system at the rate equal point where power is injected, the WPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of SECI. SECI may agree to buy such power at a tariff as agreed to between SECI and the Buying Entity (including SECI’s trading margin), provided the Buying Entity consents for purchase of such power. 4.4.3 The compensation payable by the SPD, subject to a minimum of 25% of the PPA tariff. This compensation as per Article 4.4.1 shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPABuyer-WPD PPA affecting supply of wind power by WPD. 5.6.1 In case of purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the Scheduled Commissioning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developer.

Right to Contracted Capacity & Energy. APDCL4.4.1 The HPD will declare the CUF of the Project and will be allowed to revise the same once within first year after COD of the full project capacity. SECI, at in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the Solar Power Developer HPD beyond Million kWh (MU) [Insert value ). Subsequent to commissioning of energy generated corresponding If the Project, if for any Contract Year, it is found that the Solar Power Developer HPD has not been able to generate minimum energy of 1.278 Million kWh (MU) at a CUF till the end of 14.59% [i.e., CUF 16.21% - 10% 10 years from the SCD and Million kWh (MU) for the rest of 16.21%]the Term of the Agreement, on account of reasons solely attributable to the Solar Power DeveloperHPD, the noncompliance by Solar Power Developer HPD shall make Solar Power Developer the HPD liable to pay the compensation provided in the Agreement respective PSA as payable to APDCLBuying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the HPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract PeriodYear. The amount of compensation such penalty shall be computed at the rate equal to the compensation payable as determined by the SPD, subject to a minimum of 25% respective State Electricity Regulatory Commission of the PPA tariff. This compensation corresponding Buying Entity/ any such Authority, and such penalty shall be applied to ensure that the amount Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of shortfall in generation during power under the yearPPA. However, the minimum compensation payable to SECI by the HPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at Off-Peak Tariff. This compensation shall not be applicable in events of Force Majeure identified under PPAPPA with SECI affecting supply of power by HPD. 5.6.1 In case 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff in term of as per Article 9, provided the Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the HPD would be free to re-power their plants install the DC solar field and wind turbines as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). For repoweringFurther, any addition to the purchase installed capacity (including but not limited to solar panels and/or wind turbines and/or inverters and/or ESS) subsequent to COD of the Project shall not be eligible for any future claims made by the HPD, seeking compensation on account of any excess energy, beyond changes in the energy generated corresponding to a maximum CUF applicable provisions covered under Change in Law as mentioned by the Solar Power Developer during the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 defined in this Agreement. In case of offenergy supply during Peak Hours over and above the mandated energy requirement (300 MWh for each 100 MW of project capacity) on a daily basis, and in the event of such power being procured by the Buying Utility, the HPD will be paid energy charges @ Off-take constraint due Peak Tariff. The HPD shall be required to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due intimate SECI about the proposed excess quantum of energy likely to Transmission Infrastructure be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. SECI shall be required to intimate its approval/refusal to the HPD, for buying such excess generation not complete / ready (Transmission constraint): After later than 30 days of receiving the scheduled commissioning date, if above offer from the plant is ready but necessary power evacuation / transmission infrastructure HPD. In the event the offer of the HPD is not readyaccepted by SECI within the said period of 30 days, for reasons not attribute such right shall cease to exist and the SPDHPD shall, leading at its sole discretion, may sell such excess power to off-take constraintany third party. However, in case at any point of time, the provision for generation compensation shall be as follows: “The normative CUF peak of 19% (nineteen per cent) or committed CUF whichever capacity reached is lowerhigher than the contracted capacity and causes disturbance in the system at the point where power is injected, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding HPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.

Right to Contracted Capacity & Energy. APDCLESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) [Insert value of energy generated corresponding to a Minimum CUF i.e. Maximum CUF mentioned by xxxxxx at a CUF the time of 14.59PPA signing minus 12% [i.e., CUF 16.21% - 10% of 16.21%]for solar PV (new projects), on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCLESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPDESCOM, subject to a minimum of 2550% of the PPA applicable tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA. 5.6.1 In case of purchase Purchase of any excess energy 5.6.2 In case , beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of repoweringPPA for solar PV (new projects), shall be charged at a rate equivalent to 75% of PPA tariff or 75% of the applicable APPC charges (as published by KERC), whichever is less, provided first right of refusal will vest with the ESCOMs. The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA for solar PV project(new projects), shall be charged at a rate equivalent to 75% of PPA TariffEffective Tariff or 75% of applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint the ESCOMs. No compensation shall be provided towards any offtake constraints due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraint, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding to this generation loss, the excess generation by the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable to the SPD. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW 30 MWAC and can achieve further Part Commissioning in minimum steps of 5 MW 10 MWAC till full Commissioning of the Project is achieved, subject to the acceptance by the APDCLCEIG and the concerned ESCOM. However, the Scheduled Commissioning Commisisoning Date shall not get altered due to Part Commissioning of the Project. Irrespective of dates of Part Commissioning, the PPA shall remain in force for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tarifftariff or applicable APPC charges, whichever is minimum, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPAESCOMs. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL the ESCOM shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx Bill payable by APDCL concerned ESCOMs to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCLthe concerned ESCOM’s decision shall be final and binding on the Solar Power Developer. The Solar Power Developer 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. Provision for generation compensation in the event of back down by LDC shall be provided as the solar power plant have been declared as must run plants in the IEGC. The Developer and ESCOM shall follow the forecasting and scheduling process as per the regulations in this regard by KERC.

Right to Contracted Capacity & Energy. APDCL4.4.1 The WPD will be allowed to revise the CUF of the Project once within first three years after COD of the Project. The declared annual CUF shall be in no case less than 22 percent, at in terms of the Guidelines. Subsequent to commissioning of the Project, SECI, in any time during a Contract Year, except for the Contract Year ending on 31st March immediately after COD of the Project, shall not be obliged to purchase any additional energy from the Solar Power Developer WPD beyond Million kWh (MU) [Insert value of energy generated corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the COD of the Project, it is found that the Solar Power Developer WPD has not been able to generate supply minimum energy at CUF of 1.278 ………%, i.e Million kWh (MU) at [Insert values corresponding to a CUF of 14.59% [i.e., CUF 16.21% - 1080% of 16.21%], the declared CUF for the project or the modified CUF] on account of reasons solely attributable to the Solar Power DeveloperWPD, the noncompliance by Solar Power Developer WPD shall make Solar Power Developer be liable to pay the compensation provided to SECI to enable SECI to remit such compensation to the Buying Entity (ies). 10.1. The amount of such compensation shall ensure the Buying Entity to offset for all potential costs associated with low generation and supply of power from the Project(s) under the PSA. The amount of such compensation will be calculated @ 50% (fifty per cent) of the PPA tariff for the shortfall in energy terms, which in turn, shall be remitted to the Agreement Buying Entity. The compensation as payable to APDCL. This compensation per above shall be applied to on the amount of shortfall in generation from the Project during the any Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% of the PPA tariffYear. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPAthis Agreement, affecting supply of Wind Power by WPD. 5.6.1 In case of 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase of any excess energy 5.6.2 In case of repowering, The Solar Power Developer shall such power. While the WPD would be free to re-power their plants install the wind turbine as per its design of required output, including its requirement of auxiliary consumption and to repower the Project from time to time during the PPA durationterm of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). For repoweringThe WPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation. SECI shall be required to intimate its approval/refusal to the WPD, for buying such excess generation not later than 30 days of receiving the above offer from the WPD. In the event the offer of the WPD is not accepted by SECI within the said period of 30 days, such right shall cease to exist and the WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the purchase peak of any excess energy, beyond capacity reached is higher than the energy generated corresponding to a maximum CUF as mentioned by contracted capacity and causes disturbance in the Solar Power Developer during system at the signing of PPA for solar PV project, shall be charged at a rate equivalent to 75% of PPA Tariff, provided first right of refusal will vest with APDCL. 5.6.3 In case of off-take constraint due to transmission infrastructure or grid unavailability, a) Generation compensation in off-take constraint due to Transmission Infrastructure not complete / ready (Transmission constraint): After the scheduled commissioning date, if the plant point where power is ready but necessary power evacuation / transmission infrastructure is not ready, for reasons not attribute to the SPD, leading to off-take constraintinjected, the provision for generation compensation shall be as follows: “The normative CUF of 19% (nineteen per cent) or committed CUF whichever is lower, for a period of grid unavailability shall be taken for the purpose of calculation of generation loss. Corresponding WPD will have to this generation loss, forego the excess generation by and reduce the SPD in the succeeding 3 (three) Contract Year, shall be procured by APDCL at the PPA tariff so as to offset this loss”. b) Generation Compensation in off – take constraint due to Grid Unavailability: During the operation of the plant, the plant can generate power but due to temporary transmission unavailability the power is not evacuated, the reasons not attributable output to the SPDrated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. In such cases, provision for generation compensation shall be as follows: During of Grid unavailability Generation Compensation Grid unavailability in a contract year (only period from 8 am to 5 pm to be counted) Generation loss = [(Average generation per hour during Any energy produced and flowing into the contract year)x(number of hours of grid unavailability during the contract year] Where, Average Generation per hour during the contract year (kWh) = Total generation in the contract year (kWh) /total hours of generation in the contract year 5.6.4 For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 15 MW and can achieve further Part Commissioning in minimum steps of 5 MW till full Commissioning of the Project is achieved, subject to the acceptance by the APDCL. However, the before Scheduled Commissioning Date shall not get altered due be at the cost of SECI. SECI may agree to Part Commissioning of buy such power at a tariff as agreed to between SECI and the Project. Irrespective of dates of Part CommissioningBuying Entity (including SECI’s trading margin), provided the PPA shall remain in force Buying Utility consents for the Contract Year only. The Solar Power Developer shall be permitted to achieve the Part Commissioning for the Project only prior to the Scheduled Commissioning Date. For part commissioning, the purchase of such generation shall be settled at a rate equivalent to 75% of PPA tariff, provided first right of refusal will vest with APDCL. However, the SCD will not get altered due to part-commissioning. Irrespective of dates of part commissioning or full commissioning, the PPA will remain in force for a period of 25 (twenty-five) years from the date of signing of PPA. In the case of part commissioning, the Bidder may have the opportunity to submit a revised Performance Security equivalent to the remaining un-commissioned capacity. On submission of revised Performance Security from the successful Bidder, the previous Performance Security will be returned within thirty (30) days from the date of submission of revised Performance Security. In case the Bidder is unable to commission the balance capacity within the COD, then APDCL shall en-cash and invoke the revised Performance Security as per the procedure mentioned in clause 1.3.3 of the RFP and clause 5.8 of the draft PPA, and recover the balance amount from payment of Monthly Bills/ Supplementary Xxxx payable by APDCL to the Solar Power Developer to the extent of allotted full/ entire capacity. In this regard, the successful Bidder shall provide an undertaking on 200 INR (Indian Rupees Two Hundred only) non-judicial stamp paper while submitting revised Performance Security for the un-commissioned capacity for deduction of amount equivalent to the Performance Security for the part-commissioned capacity in relation to clause 1.3.3 of the RFP and clause 5.8 of the draft PPA. However, APDCL’s decision shall be final and binding on the Solar Power Developerpower.