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

Right to Contracted Capacity & Energy. 4.4.1 SECI, in any Contract Year except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year except for the first year of operation, it is found that the SPD has not been able to generate minimum energy of …...Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying 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 SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty shall be as determined by the 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 shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECIThe SPD will be allowed to revise the CUF of the Project once within first year after COD of the full project capacity. NTPC, in any Contract Year except for the first year Contract Year ending on 31st March immediately after COD of operationthe Project, shall not be obliged to purchase any additional energy from the SPD beyond ……….. beyond.....Million kWh (MUkWh(MU). If Subsequent to commissioning of the Project, if for any Contract Year Year, except for the first year Contract Year ending on 31st March immediately after COD of operationthe Project, it is found that the SPD has not been able to generate supply minimum energy of of…...……..Million kWh (MU) till the end of 10 years from the SCD and and………….. ……..Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance noncompliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying 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 ProjectNTPC. The lower limit will, however be relaxable by Buyer NTPC to the extent of grid non-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 Year. The amount of such penalty shall be as determined by the respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty Such compensation shall ensure that the Buying Entity(ies) NTPC 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 NTPC by the SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI NTPC affecting supply of solar power Solar Power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECI, in any Contract Year except for the first year of operationYear, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year except for the first year of operationYear, it is found that the SPD has not been able to generate minimum energy of …...Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying 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 SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty shall be as determined by the 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 shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECI, in any Contract Year except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year except for the first year of operation, it is found that the SPD has not been able to generate minimum energy of …...Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying 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-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 Year. The amount of such penalty shall be as determined by the 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 shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECIMAHAGENCO, in any Contract Year except for the first year of operationYear, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year except for the first year of operationYear, it is found that the SPD has not been able to generate minimum energy of …...Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying 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 SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty shall be as determined by the 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 MAHAGENCO by the SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI MAHAGENCO affecting supply of solar power by SPD.