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

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. The annual CUF will be calculated every Contract Year. The compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, affecting supply of power by the SPD to the Buying Entity. 4.4.2 Any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 Procurer, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond the contracted capacity. SPD has declared annual CUF % for the Project at the time of submission of response to RfS. The SPD will declare the CUF of the project and will be SPDs is allowed to revise the same annual CUF---------% once within first year after COD of the projectCOD. Thereafter, the CUF for the Project project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels solar panel and associated infrastructure(like project equipment)as equipment (including arrangement of extra land for such installation) as may be necessary to achieve the required CUF, CUF and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10+10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, % and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. years The annual CUF will be calculated every Contract Yearyear form 1st April of the year to 31st march next year. The compensation due If for any contract year it is found that the SPD has not been able to generate minimum energy corresponding to the value of annual CUF within the permissible lower limit of CUF declared by the SPD, on account of reasons primarily attributable to the SPD, such shortfall in generation performance shall be applied make the SPD liable to pay the amount of shortfall in generation during the Contract Year. The amount of compensation shall be to procurer equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 5025% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, affecting supply of power by the SPD to the Buying EntityTariff.” 4.4.2 Any Purchase of excess generation over and above energy In case the availability is more than 10% of the declared annual CUF may CUF, Solar Power Generator will be purchased by MSPDCL free to sell it to any other entity provided first right of refusal will vest with the Procurer(s). In case the Procurer purchases the excess generation, it will do so at a fixed tariff of 75% (seventy-five percentper cent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare SECI, in any Contract Year except for the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafteroperation, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve be obliged to purchase any additional energy from the SPD from his obligations under beyond ……….. Million kWh (MU). If for any Contract Year, it is found that the PPA. SPD shall maintain generation so as has not been able to achieve annual CUF within + 10% and -15% generate minimum energy of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/ RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed tariff as per Article 9.4, provided Buying Entity consents to purchase such power. While the SPD would be free to install the DC solar field as per its design of 75% (seventy-five percent) 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 tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 days in advance 2 months prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity The Buyer shall be required to intimate its approval/approval/ refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 1 month of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by the Buyer within the said period of 1 month, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same CUF of the Project once within first year after COD of the projectfull project capacity. ThereafterSECI, the CUF in any Contract Year except for the Project Contract Year ending on 31st March immediately after COD of the Project, shall remain unchanged not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU). Subsequent to commissioning of the Project, if for any Contract Year, except for the entire term Contract Year ending on 31st March immediately after COD of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be Project, it is found that the responsibility SPD has not been able to supply minimum energy of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value ………..Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum of 15%SPD, and within +10% and -20% of the declared value of noncompliance by SPD shall make the annual CUF thereafter till SPD liable to pay the end of compensation provided in the PPA duration of 25 yearsrespective PSA as payable to Buying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of non-grid non- availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of Such compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of power Solar Power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF the limit as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in term of 75% (seventy-five percent) as per Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and/or repower the Project from time to time during the term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 30 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 1721%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like infrastructure (like project equipment)as equipment) as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land Land for such installation shall be intimated to MSPDCL JDA in advance and MSPDCL JDA shall have to reply for the same in 7 days in the best interest of the project generation. However,, non- availability of land Land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 1518%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL JDA to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. The annual CUF will be calculated every Contract Year. The compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 5025% (fifty twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-pre- estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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-pre- estimate of the damages that may be suffered by buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCLJDA, affecting supply of power by the SPD to the Buying Entity. 4.4.2 Any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL JDA at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days 7 days (No response beyond 15days 7 days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCLJDA. MSPDCL JDA may agree to buy such power at a tariff as agreed to between MSPDCL JDA and SPD, provided the MSPDCL JDA consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as equipment (including arrangement of extra Reservoir/land for such installation) as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL Electricity department, A&NA to the extent of non-non- availability of grid for evacuation which is beyond the control of the SPD. The annual CUF will be calculated every Contract Yearyear from 1st April of the year to 31st March next year. The compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar powerRECs) by the buying EntityEntity towards non - meeting of RPOs, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 5025% (fifty twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, amount being equal to the compensation payable, payable by the buying Entity for not meeting load requirements RPO is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements RPO or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the loadRPO. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCLbuying Entity (Electricity department, A&NA), affecting supply of power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL Electricity Department, A&NA at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 7 days of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption, he will not be allowed to sell any excess power to any other entity other than buying Entity. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL EDA&N. EDA&N may agree to buy such power at a tariff as agreed to between MSPDCL EDA&N and SPD, provided the MSPDCL EDA&N consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. ThereafterXXXX, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPDat any time during a Contract Year, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve be obliged to purchase any additional energy from the SPD from his obligations under beyond Million kWh (MU). If for any Contract Year, it is found that the PPA. SPD shall maintain generation so as has not been able to achieve annual CUF within + 10% and -15% generate minimum energy of the declared value Million kWh (MU) till the end of 10 years from CODthe COD and Million kWh (MU) for the rest of the term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum of 15%SPD, the non-compliance by SPD shall make SPD liable to pay the compensation and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 yearsshall duly pay such compensation to XXXX. The lower limit This will, however, however be relaxable by MSPDCL XXXX to the extent of grid non-availability of grid for evacuation evacuation, which is beyond the control of the SPDdeveloper. The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. .. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, XXXX affecting supply of solar power by the SPD to the Buying EntitySPD. . 4.4.2 Any Notwithstanding Article 4.4.1, any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL at a fixed tariff of 75% (seventy-five percentXXXX or by the Discom(s) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal unless refused by Buying Entity) of receiving the above offer from the SPDXXXX. While the SPD would be free to install DC solar field as per his its design of required output, including his its requirement of auxiliary consumptionconsumption 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 XXXX (unless refused by XXXX). In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirement. 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 CoD shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such powerXXXX under this scheme.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as equipment as may be necessary to achieve the required CUFEnergy supply. For any Contract Year, and except for this purpose the Contract Year ending on 31st March immediately after the date of commissioning of the Project, SPD shall make its own study and investigation of supply Annual Energy of…………….MWh from the GHI and other factors prevalent in the area which have implication on the quantum of generation. Furtherproject, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration term. 4.4.2 If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of 25 yearscommissioning of the Project, it is found that the SPD has not been able to supply minimum energy from the project for the rest of the Term of the Agreement, save and except in case of Force Majeure, the SPD shall be liable to pay penalty to the Buying Entity. In case of shortfall in energy generation from the Project during any Contract Year with reference to the minimum energy amounting to 90 % of the Annual Energy to be supplied (MWh) i.e. MWh, from the project as per the provisions of the RfS, the penalty shall be levied on the bidder amounting to PPA/Applicable tariff multiplied by the difference in the actual energy supplied and the minimum annual energy to be supplied (i.e. 90 % of the Annual Energy to be supplied) on the yearly basis. The penalty shall be recovered from the running bills of the SPD. 4.4.3 The lower limit will, however, be relaxable by MSPDCL Buyer to the extent of Generation Compensation due to grid non-availability of grid to the Project for evacuation which is beyond the control of the SPDSPD as determined under provisions of Article 8.7. The annual CUF will be calculated every Contract Yearamount of such penalty at the Applicable Tariff for the shortfall in energy terms. The compensation due to shortfall in generation penalty as per above shall be applied to on the amount of shortfall in generation from the Project during the any Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation This penalty shall not be applicable in events of Force Majeure identified under the PPA with MSPDCLthis Agreement, affecting supply of power Solar Power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. 4.4.4 In case at any point of time, the peak of capacity reached is higher than the rated capacity 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such powercapacity.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project Project and will be allowed to revise the same once within first year after COD of the projectfull project capacity. ThereafterSECI, the CUF in any Contract Year except for the Project shall remain unchanged for first year of operation, i.e., from the entire term SCD to 31st March of the PPAsucceeding year, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). The declared annual CUF shall in no case be less than 17%. It shall be the responsibility Subsequent to commissioning of the SPDProject, entirely at its cost and expense if for any Contract Year, it is found that the SPD has not been able to install such number supply minimum energy of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum SPD, the 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till Project, or the end of the PPA duration of 25 yearsfinally accepted Project capacity. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF the limit as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in term of 75% (seventy-five percent) as per Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and/or repower the Project from time to time during the term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 15 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 15 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare SECI, in any Contract Year except for the CUF of the project and will be allowed to revise the same once within first year after COD of operation, shall not be obliged to purchase any additional energy from the projectSPD beyond ……….. Million kWh (MU). Thereafter, the CUF If for any Contract Year except for the Project shall remain unchanged for first year of operation, it is found that the entire term SPD has not been able to generate minimum energy of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value …...Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty- five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in terms of 75% (seventy-five percent) Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to 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 term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity The SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by the SECI within the said period of 30 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 Procurer, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond the contracted capacity. SPD has declared annual CUF % for the Project at the time of submission of response to RfP. The SPD will declare the CUF of the project and will be SPDs is allowed to revise the same annual CUF---------% once within first year after COD of the projectCOD. Thereafter, the CUF for the Project project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels solar panel and associated infrastructure(like project equipment)as equipment (including arrangement of extra land for such installation) as may be necessary to achieve the required CUF, CUF and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10+10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, % and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. years The annual CUF will be calculated every Contract Yearyear form 1st April of the year to 31st march next year. The compensation due If for any contract year it is found that the SPD has not been able to generate minimum energy corresponding to the value of annual CUF within the permissible lower limit of CUF declared by the SPD, on account of reasons primarily attributable to the SPD, such shortfall in generation performance shall be applied make the SPD liable to pay the amount of shortfall in generation during the Contract Year. The amount of compensation shall be to procurer equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 5025% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, affecting supply of power by the SPD to the Buying EntityTariff. 4.4.2 Any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such power.”

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare SECI, in any Contract Year except for the CUF of the project and will be allowed to revise the same once within first year after COD of operation, shall not be obliged to purchase any additional energy from the projectSPD beyond Million kWh (MU). Thereafter, the CUF If for any Contract Year except for the Project shall remain unchanged for first year of operation, it is found that the entire term SPD has not been able to generate minimum energy of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of non-grid non- availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in terms of 75% (seventy-five percent) Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to 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 term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity The SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by the SECI within the said period of 30 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. ThereafterSECI, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPDat any time during a Contract Year, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve be obliged to purchase any additional energy from the SPD from his obligations under the PPA. SPD shall maintain generation so as beyond Million kWh (MU) [Insert value of energy generated corresponding to achieve annual CUF within + 18.7% or plus (+) 10% and -15% of the declared annual CUF (whichever is higher) for solar PV (Phase-II Batch-I) projects]. If for any Contract Year, it is found that the SPD has not been able to generate minimum energy of Million kWh (MU) [Insert the value till the of energy generated corresponding to a end of 10 years from COD, subject the COD and [Insert the value of energy generated corresponding to the annual CUF remaining minimum of 15%, and within +10% and -20minus (-) 20% of the declared value CUF] for the rest of the annual CUF thereafter till the end term of the PPA duration Agreement, on account of 25 years. The lower limit will, however, be relaxable by MSPDCL reasons solely attributable to the extent SPD, the non-compliance by SPD shall make SPD liable to pay the compensation provided in the PSA as payable to Buying Utilities and shall duly pay such compensation to SECI to enable SECI to remit the amount to Buying Utilities . However, the amount of shortfall in generation shall be adjusted as per methodology adopted by SECI in consultation with MNRE,on account of non-availability of grid for power evacuation which is beyond the control of the SPDSPD and / or occurrence of abnormally low Global Horizontal Irradiance (GHI) year (i.e. if the actual global solar irradiance in the year under consideration is less than 50% of average values of two (2) years of annual GHI as available from the nearest IMD/SRRA stations). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar powerRECs) by the buying EntityBuying Utilities towards non-meeting of RPOs, which shall ensure that the buying Entity if such compensation is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, ordered by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this AgreementState Commission. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by SPD. For avoidance of any doubt, it is clarified that the extent of adjustment in CUF in case of non-availability of grid for evacuation which is beyond the control of SPD and / or abnormally low annual Global Horizontal Irradiance year and /or force majeure shall not qualify for revenue billing. Moreover, in case annual GHI is equal to or more than 50% of average value of two (2) years of annual GHI as available from the Buying Entitynearest IMD/SRRA stations, no adjustment shall be made in the annual CUF on account abnormally low annual GHI year. 4.4.2 Any Notwithstanding Article 4.4.1, any excess generation over and above 10% of declared annual CUF may will be purchased by MSPDCL SECI at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. Howeveras per Article 9.4, the SPD shall inform at least 30 days in advance provided SECI is able to get any buyer for sale of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPDgeneration. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption, he will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). In However, in case at any point of time, the peak of capacity reached is higher than the rated capacity and causes disturbance in the system at the point where power is injected, the SPD developer will have to forego the excess generation and reduce the output to the rated capacity to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such powercapacity.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 1721%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like infrastructure (like project equipment)as equipment, land, reservoir etc) as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra Reservoir/land for such installation shall be intimated to MSPDCL BBMB in advance and MSPDCL BBMB shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of reservoir/land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 1518%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL BBMB to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. The annual CUF will be calculated every Contract Year. The compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity RECs purchased from the grid for meeting load demand due to short fall in solar powerRPO compliance) by the buying EntityEntity towards non - meeting of RPOs, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 5025% (fifty twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements RPO is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements RPO or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the loadRPO. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCLBBMB, affecting supply of power by the SPD to all Buying Entity (ies). For the purpose of RPO compliance the Partner or beneficiary States may also be termed as Buying EntityEntity (ies) under this PPA. Any levy/penalty imposed on the Partner/Beneficiary States due to non-meeting of RPO by these Partner or Beneficiary States due to short fall in allocated Solar Power to these States by BBMB from the Generation by SPD shall be compensated as per this clause of the PPA, if the same are applicable on them as per respective SERCs. 4.4.2 Any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL BBMB at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days 7 days (No response beyond 15days 7 days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCLBBMB. MSPDCL BBMB may agree to buy such power at a tariff as agreed to between MSPDCL BBMB and SPD, provided the MSPDCL BBMB consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project Project and will be allowed to revise the same once within first year after COD of the projectfull project capacity. ThereafterSECI, the CUF in any Contract Year except for the Project first year of operation, shall remain unchanged for not be obliged to purchase any additional energy from the entire term SPD beyond Million kWh (MU). Subsequent to commissioning of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be Project, if for any Contract Year, it is found that the responsibility SPD has not been able to supply minimum energy of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum SPD, the 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in term of 75% (seventy-five percent) as per Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to reconfigure and/or repower the Project from time to time during the term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 30 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare SECI, in any Contract Year except for the CUF of the project and will be allowed to revise the same once within first year after COD of operation, shall not be obliged to purchase any additional energy from the projectSPD beyond ……….. Million kWh (MU). Thereafter, the CUF If for any Contract Year except for the Project shall remain unchanged for first year of operation, it is found that the entire term SPD has not been able to generate minimum energy of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value …...Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty- five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in terms of 75% (seventy-five percent) Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to 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 term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform be required to intimate the SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 30 days in advance 2 months prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity The SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 1 month of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by the SECI within the said period of 1 month, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project Project and will be allowed to revise the same once within first year after COD of the projectfull project capacity. ThereafterSECI, the CUF in any Contract Year except for the Project first year of operation, shall remain unchanged for not be obliged to purchase any additional energy from the entire term SPD beyond Million kWh (MU). Subsequent to commissioning of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be Project, if for any Contract Year, it is found that the responsibility SPD has not been able to generate minimum energy of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum SPD, the 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in term of 75% (seventy-five percent) as per Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to 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 term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 30 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare SECI, in any Contract Year except for the CUF of the project and will be allowed to revise the same once within first year after COD of operation, shall not be obliged to purchase any additional energy from the projectSPD beyond ……….. Million kWh (MU). Thereafter, the CUF If for any Contract Year except for the Project shall remain unchanged for first year of operation, it is found that the entire term SPD has not been able to generate minimum energy of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value …...Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed tariff as per Article 9.4, provided Buying Entity consents to purchase such power. While the SPD would be free to install the DC solar field as per its design of 75% (seventy-five percent) 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 tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 days in advance 2 months prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity The Buyer shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 1 month of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by the Buyer within the said period of 1 month, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project Project and will be allowed to revise the same once within first year after COD of the projectfull project capacity. ThereafterSECI, the CUF in any Contract Year except for the Project first year of operation, shall remain unchanged for not be obliged to purchase any additional energy from the entire term SPD beyond Million kWh (MU). Subsequent to commissioning of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be Project, if for any Contract Year, it is found that the responsibility SPD has not been able to supply minimum energy of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum SPD, the 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in term of 75% (seventy-five percent) as per Article 9, provided the Buying Entity consents to purchase such power. While the SPD 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 tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30 days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 30 days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The HAL, Hyderabad, at any time during a Contract Year, shall not be obliged to Purchase any additional energy from the SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPAbeyond <E1>Million kWh (MU). The declared annual CUF shall in no case be less than 1715%. It shall be If For any Contract Year, it is found that the responsibility of the SPD, entirely at its cost and expense SPD has not been able to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value generate minimum energy of<E2>Million kWh (MU) till the end of 10 25 years from the COD, subject on account of reasons solely attributable to the annual CUF remaining minimum of 15%SPD, the non-compliance by SPD shall make SPD liable to pay the compensation and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 yearsshall duly pay such compensation to HAL, Hyderabad. The lower limit This will, however, be relaxable by MSPDCL HAL, Hyderabad to the extent of grid non-availability of grid for evacuation evacuation, which is beyond the control of the SPDdeveloper. The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation excess tariff payable by HAL, Hyderabad (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) prevailing tariff determined by the buying EntityTelangana State Electricity Regulatory Commission as applicable to HAL, which shall ensure that Hyderabad including all taxes) over and above the buying Entity is offset for all potential costs associated with low generation and supply agreed tariff as per Article 9 of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCLHAL, Hyderabad affecting supply of solar power by SPD. Note: Energy Limits – X0, X0 shall be governed by the SPD to Criterion for Generation (as laid down at para 3.12 (i) of the Buying Entity.RfS document ) 4.4.2 Any Notwithstanding Article 4.4.1, any excess generation over and above 10% of declared annual CUF may be purchased by MSPDCL at a fixed tariff of 75% (seventy-five percent) of the PPA tariff. HoweverHAL, the SPD shall inform at least 30 days in advance of such excess generation to buying EntityHyderabad unless refused by HAL, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPDHyderabad. While the SPD would be free to should install DC solar field as per his its design of required output, including his its requirement of auxiliary consumptionconsumption 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 HAL, Hyderabad (unless refused by HAL, Hyderabad). In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with HAL, Hyderabad affecting supply of solar power by SPD. However, the amount of shortfall in generation shall be adjusted, on account of non- availability of grid requirementfor power evacuation which is beyond the control of the SPD and / or occurrence of abnormally low Global Horizontal Irradiance (GHI) year (i.e. if the actual global solar irradiance in the year under consideration is less than 50% of average values of two (2) years of annual GHI as available from the nearest IMD/SRRA stations). For avoidance of any doubt, it is clarified that the extent of adjustment in CUF in case of non-availability of grid for evacuation which is beyond the control of SPD and / or abnormally low annual Global Horizontal Irradiance year and /or force majeure shall not qualify for revenue billing. Moreover, in case annual GHI is equal to or more than 50% of average value of two (2) years of annual GHI as available from the nearest IMD/SRRA stations, no adjustment shall be made in the annual CUF on account of abnormally low annual GHI year. Any energy produced and flowing into the grid before Scheduled Commissioning Date COD shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPDHAL, provided the MSPDCL consents for purchase of such powerHyderabad under this scheme.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project Project and will be allowed to revise the same once within first year after COD of the projectfull project capacity. ThereafterSECI, the CUF in any Contract Year except for the Project first year of operation, shall remain unchanged for not be obliged to purchase any additional energy from the entire term SPD beyond Million kWh (MU). Subsequent to commissioning of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be Project, if for any Contract Year, it is found that the responsibility SPD has not been able to generate minimum energy of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum SPD, the 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed the tariff in term of 75% (seventy-five percent) as per Article 9, provided the Buying Entity consents to purchase such power. While the SPD would be free to 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 term of the PPA tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 60 days in advance prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 30days of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 30days, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 4.6.1 Xxxxxxxx, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPP beyond the contracted capacity. SPP has declared annual CUF % for the Project at the time of submission of response to RfP. The SPD will declare the CUF of the project and will be SPDs is allowed to revise the same annual CUF---------% once within first year after COD of the projectCOD. Thereafter, the CUF for the Project project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 1715%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels solar panel and associated infrastructure(like project equipment)as equipment (including arrangement of extra land for such installation) as may be necessary to achieve the required CUF, CUF and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10+10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, % and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. years The annual CUF will be calculated every Contract Yearyear form 1st April of the year to 31st march next year. The compensation due If for any contract year it is found that the SPD has not been able to generate minimum energy corresponding to the value of annual CUF within the permissible lower limit of CUF declared by the SPD, on account of reasons primarily attributable to the SPD, such shortfall in generation performance shall be applied make the SPD liable to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to pay the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 5025% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, affecting supply of power by the SPD to the Buying Entity. 4.4.2 Any 4.6.2 Purchase of excess generation over and above energy In case the availability is more than 10% of the declared annual CUF may CUF, Solar Project Developer/Power Producer/Power Generator will be purchased by MSPDCL free to sell it to any other entity provided first right of refusal will vest with the Procurer(s). In case the Procurer purchases the excess generation, it will do so at a fixed tariff of 75% (seventy-five percentper cent) of the PPA tariff. However, the SPD shall inform at least 30 days in advance of such excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energy. Buying Entity shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) of receiving the above offer from the SPD. While the SPD would be free to install DC solar field as per his design of required output, including his requirement of auxiliary consumption. In case at any point of time, the peak of capacity reached is higher than the rated 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 to ensure compliance with grid requirement. Any energy produced and flowing into the grid before Scheduled Commissioning Date shall not be at the cost of MSPDCL. MSPDCL may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare SECI, in any Contract Year except for the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafteroperation, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve be obliged to purchase any additional energy from the SPD from his obligations under beyond ……….. Million kWh (MU). If for any Contract Year, it is found that the PPA. SPD shall maintain generation so as has not been able to achieve annual CUF within + 10% and -15% generate minimum energy of the declared value Million kWh (MU) till the end of 10 years from CODthe SCD and Million kWh (MU) for the rest of the Term of the Agreement, subject on account of reasons solely attributable to the annual CUF remaining minimum 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 15%operation, and within +10% and -20% the above limits shall be considered on pro-rata basis. In case of part commissioning of the declared value Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the annual CUF thereafter till the end of the PPA duration of 25 yearsProject. The lower limit will, however, however be relaxable by MSPDCL Buyer to the extent of grid non-availability of grid for evacuation which is beyond the control of the SPDSPD (as certified by the SLDC/RLDC). The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying Entityrespective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, which and such penalty shall ensure that the buying Entity is Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty per centtwenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed tariff as per Article 9.4, provided Buying Entity consents to purchase such power. While the SPD would be free to install the DC solar field as per its design of 75% (seventy-five percent) 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 tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 days in advance 2 months prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity The Buyer shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 1 month of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by the Buyer within the said period of 1 month, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 MSPDCLSECI. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL SECI and SPDthe Buying Entity (including SECI’s trading margin), provided the MSPDCL Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. ThereafterSECI, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPDat any time during a Contract Year, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve be obliged to purchase any additional energy from the SPD from his obligations under beyond Million kWh (MU). If for any Contract Year, it is found that the PPA. SPD shall maintain generation so as has not been able to achieve annual CUF within + 10% and -15% generate minimum energy of the declared value Million kWh (MU) till the end of 10 years from COD, subject the Scheduled Commissioning Date and ------- such compensation to SECI to enable SECI to remit the annual CUF remaining minimum of 15%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 yearsamount to Buying Utilities. The lower limit This will, however, however be relaxable by MSPDCL SECI to the extent of grid non-availability of grid for evacuation evacuation, which is beyond the control of the SPD. The annual CUF will be calculated every Contract Year. The This compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) as determined by the buying EntityAppropriate Commission/Authority, which and such penalty shall ensure that the buying Entity is Buying Utilities are offset for all potential costs associated with low generation and supply of power under the PPA. However, subject the minimum compensation payable to a minimum of 50SECI by the SPD shall be 25% (fifty twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensation for not meeting the load. SPD shall agree that the methodology specified herein above for calculation of liquidated damages payable by the SPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by buying Entity. SPD shall further acknowledge that a breach of any of the obligations contained herein result in injuries and 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 buying Entity in each case specified under this Agreement. However, this This compensation shall not be applicable in events of Force Majeure identified under the PPA with MSPDCL, SECI affecting supply of solar power by the SPD to the Buying EntitySPD. 4.4.2 Any excess generation over and above 10% of declared annual CUF as per Article 4.4.1, may be purchased by MSPDCL SECI at a fixed tariff as per Article 9.4, provided Buying Utility consents to purchase such power. While the SPD would be free to install DC solar field as per its design of 75% (seventy-five percent) 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 tariffPPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). However, the The SPD shall inform 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 30 days in advance 2 months prior to the proposed date of such commencement of excess generation to buying Entity, to enable buying Entity to take necessary actions for the acceptance of this excess generated energygeneration. Buying Entity SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15days (No response beyond 15days shall be construed as refusal by Buying Entity) 1 month of receiving the above offer from the SPD. While In the event the offer of the SPD would be free is not accepted by SECI within the said period of 1 month, such right shall cease to install DC solar field as per his design of required outputexist and the SPD shall, including his requirement of auxiliary consumptionat its sole discretion, may sell such excess power to any third party. In However, in case at any point of time, the peak of capacity reached is higher than the rated 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 ensure compliance with grid requirementpay 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 SCD shall not be at the cost of MSPDCLSECI under this scheme. MSPDCL SECI may agree to buy such power at a tariff as agreed to between MSPDCL and SPD, provided the MSPDCL Buying Utility consents for purchase of such power.