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

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD is (insert the CUF as per SECI’s LoA). The SPD will be allowed to revise the CUF of the Project once within first year after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy corresponding to CUF of 110% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values corresponding to a CUF of 85% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] 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 SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power by SPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD is ([insert the CUF amount as per SECICESC’s LoA)]. The SPD will be allowed to revise the CUF of the Project once within the first year 3 (three) years after SCSD. The revised CUF shall be greater than the date of commencement of power supply from full Project CapacityCUF initially quoted by the Bidder. In case of revision in CUFThereafter, the revised CUF shall, for the Project shall remain unchanged for the entire term of the PPA. Calculation of CUF will be on yearly basis from 1st April of the year to 31st March of next year. The declared annual CUF shall in no case, case be lower less than 19% for any of the originally committed valueyear during the term of the PPA. Subsequent The SPD shall maintain generation so as to commencement achieve annual CUF not less than 90% (ninety percent) of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall declared value (i.e. Minimum CUF) and not be obliged to purchase any additional energy from the SPD beyond Million kWh more than 120% (MUone hundred and twenty percent) [Insert value of energy corresponding to CUF of 110% of the declared CUF for value (i.e. Maximum CUF), during the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values corresponding to a CUF of 85% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] 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 SECI to enable SECI to remit such penalty to the Buying Entity (ies)Term. For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power by SPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI the Buyer at the tariff as per Article 9, provided the Buying Entity Buyer consents to purchase such power at the Applicable Tariff as per PSAthis Agreement. 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, it will not be allowed to sell any excess power to any other entity other than SECI CESC (unless refused by SECICESC). The SPD shall be required to intimate SECI CESC about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 (sixty) days prior to the proposed date of commencement of excess generation in that Contract Year. SECI CESC shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 (fifteen) days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI CESC within the said period of 15 (fifteen) deviation days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD WPD is (insert the CUF as per SECI’s LoA). The SPD WPD will be allowed to revise the CUF of the Project once within first year three years after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD WPD beyond Million kWh (MU) [Insert value of energy corresponding to CUF of 110120% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD WPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values corresponding to a CUF of 85% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the Term of the Agreement], save and except in case of Force Majeure, the SPD WPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The amount of such penalty will be equal to 1.5 times calculated @ 50% (fifty per cent) of the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Wind Power by SPDWPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. While the SPD WPD would be free to install the DC solar field wind turbines 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, it will not be allowed to sell any excess power energy to any other entity other than SECI (unless refused by SECI). The SPD WPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPDWPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPDWPD. In the event the offer of the SPD WPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD WPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD WPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD HPD is (_ [insert the CUF amount as per SECI’s LoA)]. The SPD HPD will be allowed to revise the CUF of the Project once within first year three years after the date of commencement of power supply from first part capacity of the Project or full Project Capacity, whichever is earlier. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD HPD beyond ……….. Million kWh (MU) [(Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 110120% of the declared CUF for the Project or the modified CUF]). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD HPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 8590% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the Term of the Agreement], save and except in case of Force Majeure, the SPD HPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The lower limit will, however, be relaxable by Buyer to the extent of Generation Compensation due to grid non-availability to the Project for evacuation which is beyond the control of the HPD as determined under provisions of Article 4.10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power power by SPDHPD. It is clarified that the shortfall in energy supply will be calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated above. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSAplus SECI’s Trading margin. While the SPD HPD would be free to install the DC solar field as per its design of required output, including its requirement of auxiliary consumption and to repower the Project from time to time during the term of the PPA, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD HPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Yeargeneration. SECI shall be required to intimate its approval/refusal to the SPDHPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPDHPD. In the event the offer of the SPD HPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD HPD shall, at its sole discretion, may sell such excess power to any third party. The HPD will be free to re-power their plants during the PPA duration. However, after repowering, the minimum rated power capacity of each resource shall be at least 33% of Contracted Capacity. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD HPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before SCSD shall not be at the cost of SECI. SECI may agree to buy such power at a tariff as agreed to between SECI and the Buying Entity (including SECI’s trading margin), provided the Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD is (insert Developer will declare the CUF as per SECI’s LoA). The SPD of the Project and will be allowed to revise the CUF of the Project same once within first year after the date of commencement of power supply from full Project CapacityCOD. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECIBuyer, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD WPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to CUF of 110120% of the declared CUF of ……..% for the Project or the modified CUF]Wind Project. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD WPD has not been able to supply generate minimum energy amounting to ………of …...Million kWh (MU) [Insert values value of energy generated corresponding to a CUF of 8590% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the Term of the AgreementWind project], save and except in case of Force Majeure, the SPD WPD shall be liable to pay penalty the compensation provided in the PSA as payable to SECI Buying Entity(ies) by Buyer to enable SECI Buyer to remit such penalty the amount to Buying Entity(ies) . This compensation shall be applied to the amount of shortfall in generation d u r i n g t he C o n t r a c t Y e a r . The a m o u n t of compensation shall be equal to the compensation payable by the Buying Entity (ies)Entity(ies) towards non-meeting of their RPOs. For WPD shall maintain generation so as to achieve CUF not less than 90% of their declared CUF value and not more than 120% of their declared CUF value during PPA duration of 25 years. The lower limit will, however be relaxable by Buyer to the first year extent of operation grid non availability for evacuation which is beyond the control of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Projectdeveloper. Subsequently, the annual The CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly. 4.4.2 Notwithstanding Article 4.4.1, for the last year of operation WPD is free to sell such power to any third party prior to the Commercial Operation Date and any capacity which is in excess of the Project, these limits shall be considered for quantum of power agreed as per Article 4.4.1 of this Agreement from Commercial Operation Date. However Buyer has first right and may agree to buy any surplus power as a trader if they find it viable outside the complete year before the expiry of the PPAPPA at its sole discretion. 10.1. 4.4.3 The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty compensation as per above Article 4.4.1 shall be applied on to the amount of shortfall in generation from during the Project during any Contract Yearyear. This penalty However, this compensation shall not be applicable in events of Force Majeure identified under this Agreement, Bu yer-WPD PPA affecting supply of Solar Power wind power by SPDWPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD is (insert the CUF amount as per SECI’s LoA). The SPD will be allowed to revise the CUF of the Project once within first year after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy corresponding to CUF of 110% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values corresponding to a CUF of 85% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] 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 SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power by SPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD HPD is (_ [insert the CUF amount as per SECI’s LoA)]. The SPD HPD will be allowed to revise the CUF of the Project once within first year three years after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD HPD beyond Million kWh (MU) [(Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 110120% of the declared CUF for the Project or the modified CUF]). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD HPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 8590% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the Term of the Agreement], save and except in case of Force Majeure, the SPD HPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The lower limit will, however, be relaxable by Buyer to the extent of Generation Compensation due to grid non-availability to the Project for evacuation which is beyond the control of the HPD as determined under provisions of Article 4.10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power power by SPDHPD. It is clarified that the shortfall in energy supply will be calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated above. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. While the SPD HPD would be free to install the DC solar field and wind turbines 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD HPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPDHPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPDHPD. In the event the offer of the SPD HPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD HPD shall, at its sole discretion, may sell such excess power to any third party. The HPD will be free to re-power their plants during the PPA duration. However, after repowering, the minimum rated power capacity of each resource shall be at least 33% of Contracted Capacity. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD HPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before SCSD shall not be at the cost of SECI. SECI may agree to buy such power at a tariff as agreed to between SECI and the Buying Entity (including SECI’s trading margin), provided the Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 4.5.1 The CUF declared by the SPD is ([insert the CUF amount as per SECIUPPCL’s LoA] (“Declared Annual CUF”). The SPD will be allowed to revise the Declared Annual CUF of the Project once within first (1st) year after the date of commencement Commencement of power supply Power Supply from first (1st) part capacity of the Project or full Project Capacitycapacity, whichever is earlier. Thereafter, the declared annual CUF for the Project shall remain unchanged for the entire term of the PPA. The Declared Annul CUF by the SPD shall in no event, be less than 19% (nineteen percent). In case of revision in Declared Annual CUF, the revised Declared Annual CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement Commencement of power supply Power Supply from the Project, SECIUPPCL, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement Commencement of power Power Supply from the Project, shall not be obliged to purchase any additional energy from the SPD beyond Million million kWh (MU) [Insert value of energy corresponding to CUF of 110% of the declared Declared Annual CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement Commencement of power Power Supply from the Project, it is found that the SPD has not been able to supply minimum energy amounting to …………...Million million kWh (MU) [Insert values corresponding to a CUF of 8590% of the declared Declared Annual CUF for the project or the modified CUF] till the end of 10 PPA duration of twenty-five (25) years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the Term of the AgreementSCSD, save and except in case of Force Majeure, the SPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies)UPPCL. For the first (1st) year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement Commencement of power Power Supply from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.111.1. The amount of such penalty will be equal to 1.5 one and a half (1.5) times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying EntityEntity/ UPPCL. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power by SPD. 4.4.2 4.5.2 Any excess generation over and above 110% of the Declared Annual CUF as per Article 4.4.14.5.1, may be purchased by SECI UPPCL at the tariff as per Article 9, Solar Power Developer will be free to sell it to any other entity provided first right of refusal will vest with UPPCL. In case UPPCL purchases the Buying Entity consents to purchase such power excess generation, it will done at the Applicable Tariff as per PSATariff. For allowing optimization of operation of Solar Energy, the SPD will be allowed to supply power from the Solar Power Plant in excess of Contracted Capacity, to any third party or power exchange, without requiring any No objection Certificate (“NOC”) from UPPCL. The SPD may also sell the power which was offered on day ahead basis to UPPCL (within Contracted Capacity) but not scheduled by UPPCL, to any third party or in power exchange without requiring NOC from UPPCL. 4.5.3 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, it will not be allowed to sell any excess power to any other entity other than SECI UPPCL (unless refused by SECIUPPCL). The SPD shall be required to intimate SECI UPPCL about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days sixty (60) Days prior to the proposed date of commencement of excess generation in that Contract Yeargeneration. SECI UPPCL shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 days fifteen (15) Days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI UPPCL within the said period of 15 deviation daysfifteen (15) Days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. . 4.5.4 However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. 4.5.5 Any energy produced and flowing into the grid before SCSD shall not be at the cost of UPPCL. UPPCL may agree to buy such power at Tariff.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD HPD is ([insert the CUF amount as per SECICESC’s LoA)]. The SPD HPD will be allowed to revise the CUF of the Project once within the first year 3 (three) years after SCSD. The revised CUF shall be greater than the date of commencement of power supply from full Project CapacityCUF initially quoted by the Bidder. In case of revision in CUFThereafter, the revised CUF shall, for the Project shall remain unchanged for the entire term of the PPA. Calculation of CUF will be on yearly basis from 1st April of the year to 31st March of next year. The declared annual CUF shall in no casecase be less than [insert] % for any of the year during the term of the PPA. The HPD shall maintain generation so as to achieve annual CUF not less than 90% (ninety percent) of the declared value (i.e. Minimum CUF) and not more than 120% (one hundred and twenty percent) of the declared CUF value (i.e. Maximum CUF), be lower than during the originally committed valueTerm. Subsequent to commencement of power supply from the Project, SECI, in For any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, HPD shall maintain generation so as to achieve annual energy supply not be obliged to purchase any additional energy from the SPD beyond Million kWh less than [insert MUs] (MUSolar …… MUs and Wind …… MUs) [Insert value of energy corresponding to the minimum annual CUF of 110% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD has [insert]% and not been able to supply minimum energy amounting to more than ………. MUs (Solar …...Million kWh (MU….. MUs and Wind MUs) [Insert values corresponding to a the maximum annual CUF of 85[insert] % of and the declared CUF for Buyer shall be obligated to purchase the project or same during the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the entire Term of this Agreement. The figures mentioned in this clause shall also be reflected in the Agreement, save and except format provided in case the Schedule -3 of Force Majeure, the SPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies)this PPA. For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The lower limit will, however, be relaxed by CESC to the extent of non-supply on account of Force Majeure. For the first year of operation of the Project, the annual CUF shall be calculated for the complete calendar year after SCSD of the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, the annual CUF shall be calculated for the complete year before the expiry of the PPA. The lower limit will, however, be relaxable by Buyer to the extent of Generation Compensation due to grid non-availability to the Project for evacuation which is beyond the control of the HPD as determined under provisions of Article 4.10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying EntityBuyer. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Wind and/or Solar Power by SPDHPD. It is clarified that the shortfall in energy supply will be calculated separately based on the solar and wind energy units as indicated above on annual basis. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI the Buyer at the tariff as per Article 9, provided the Buying Entity Buyer consents to purchase such power at the Applicable Tariff as per PSAthis Agreement. While the SPD HPD would be free to install the DC solar field and wind turbines 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, it will not be allowed to sell any excess power to any other entity other than SECI CESC (unless refused by SECICESC). The SPD HPD shall be required to intimate SECI CESC about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 (sixty) days prior to the proposed date of commencement of excess generation in that Contract Year. SECI CESC shall be required to intimate its approval/refusal to the SPDHPD, for buying such excess generation not later than 15 (fifteen) days of receiving the above offer from the SPDHPD. In the event the offer of the SPD HPD is not accepted by SECI CESC within the said period of 15 (fifteen) deviation days, such right shall cease to exist and the SPD HPD shall, at its sole discretion, may sell such excess power to any third party. The HPD will be free to re-power their plants during the PPA duration. However, after repowering, the minimum rated power capacity of wind and solar resource shall be at least 2:1 respectively provided the Project as a Hybrid Project under the Guidelines However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD HPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD is (insert the CUF amount as per SECI’s LoA). The SPD will be allowed to revise the CUF of the Project once within first year after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy corresponding to CUF of 110% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values corresponding to a CUF of 85% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] 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 SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power by SPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the SPD HPD is ([insert the CUF amount as per SECI’s LoA)]. The SPD HPD will be allowed to revise the CUF of the Project once within first year three years after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD HPD beyond Million kWh (MU) [(Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 110120% of the declared CUF for the Project or the modified CUF]). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD HPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 8590% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] for the rest of the Term of the Agreement], save and except in case of Force Majeure, the SPD HPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The lower limit will, however, be relaxable by Buyer to the extent of Generation Compensation due to grid non-availability to the Project for evacuation which is beyond the control of the HPD as determined under provisions of Article 4.10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power power by SPDHPD. It is clarified that the shortfall in energy supply will be calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated above. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. While the SPD HPD would be free to install the DC solar field and wind turbines 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD HPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPDHPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPDHPD. In the event the offer of the SPD HPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD HPD shall, at its sole discretion, may sell such excess power to any third party. The HPD will be free to re-power their plants during the PPA duration. However, after repowering, the minimum rated power capacity of each resource shall be at least 33% of Contracted Capacity. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD HPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency. Any energy produced and flowing into the grid before SCSD shall not be at the cost of SECI. SECI may agree to buy such power at a tariff as agreed to between SECI and the Buying Entity (including SECI’s trading margin), provided the Buying Utility consents for purchase of such power.

Right to Contracted Capacity & Energy. 4.4.1 The For supply of power in hours other than Peak Hours, the CUF declared by the SPD is (insert the CUF amount as per SECI’s LoA). The SPD will be allowed to revise the CUF of the Project once within first year after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy corresponding to CUF of 110% of the declared CUF for the Project or the modified CUF]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert values corresponding to a CUF of 85% of the declared CUF for the project or the modified CUF] till the end of 10 years from the SCSD and Million kWh (MU) [Insert values corresponding to a CUF of 80% of the declared CUF for the project or the modified CUF] 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 SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. 10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of Solar Power by SPD. 4.4.2 Any excess generation over and above as per Article 4.4.1, may be purchased by SECI at the tariff as per Article 9, provided the Buying Entity consents to purchase such power at the Applicable Tariff as per PSA. 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). The SPD shall be required to intimate SECI about the proposed excess quantum of energy likely to be generated from the Project within any Contract Year, at least 60 days prior to the proposed date of commencement of excess generation in that Contract Year. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 15 days of receiving the above offer from the SPD. In the event the offer of the SPD is not accepted by SECI within the said period of 15 deviation days, such right shall cease to exist and the SPD shall, at its sole discretion, may sell such excess power to any third party. However, in case at any point of time, the peak of capacity reached is higher than the Contracted Capacity and causes disturbance in the system at the point where power is injected, the SPD will have to forego the excess generation and reduce the output to the rated capacity and shall also have to pay the penalty/charges (if applicable) as per applicable regulations / requirements / guidelines of CERC / SERC /SLDC or any other competent agency.