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

Right to Contracted Capacity & Energy. 4.4.1 SECI, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy generated corresponding to 18.7% or plus (+) 10% 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 of energy generated corresponding to a CUF of 15% or minus (-) 15% of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert the value of energy generated corresponding to minus (-) 20% of the declared CUF] for the rest of the term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make 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 . This compensation 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 RECs) by the Buying Utilities towards non-meeting of RPOs, if such compensation is ordered by the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECI4.4.1. NTPC, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond ………Million kWh (MU) [Insert value of energy generated corresponding to 18.7a CUF of 21% or plus (+) 10i.e., 19% of the declared annual CUF (whichever is higher+2%) for solar Solar-PV (Phase-II Batch-I) projectsProjects. Provided that in case of Solar Projects using advance technologies, the value of CUF shall be average CUF committed by the SPD at the point of signing the PPA]. 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 of energy generated corresponding to a CUF of 1514% or minus (-i.e., 19% - 5%) 15% and further provided that in case of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert solar Projects using advanced technologies, the value of energy generated corresponding to minus (-) 20CUF shall be 5% below the average CUF committed by the SPD at the point of signing the declared CUF] for the rest of the term of the AgreementPPA], on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make SPD liable to pay the compensation provided in the PSA as payable to Buying Utilities Discoms and shall duly pay such compensation to SECI NTPC to enable SECI NTPC to remit the amount to Buying Utilities Discoms. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be computed at the rate equal to the compensation payable (including RECs) by the Buying Utilities Discoms towards non-meeting of RPOs, if such compensation is ordered by subject to a minimum of 25% of the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPDtariff.

Right to Contracted Capacity & Energy. 4.4.1 SECI4.4.1. NTPC, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond ………Million kWh (MU) [Insert value of energy generated corresponding to 18.7a CUF of 21% or plus (+) 10i.e., 19% of the declared annual CUF (whichever is higher+2%) for solar Solar- PV (Phase-II Batch-I) projectsProjects. Provided that in case of Solar Projects using advance technologies, the value of CUF shall be average CUF committed by the SPD at the point of signing the PPA]. 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 of energy generated corresponding to a CUF of 1514% or minus (-i.e., 19% - 5%) 15% and further provided that in case of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert solar Projects using advanced technologies, the value of energy generated corresponding to minus (-) 20CUF shall be 5% below the average CUF committed by the SPD at the point of signing the declared CUF] for the rest of the term of the AgreementPPA], on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make SPD liable to pay the compensation provided in the PSA as payable to Buying Utilities Discoms and shall duly pay such compensation to SECI NTPC to enable SECI NTPC to remit the amount to Buying Utilities Discoms. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be computed at the rate equal to the compensation payable (including RECs) by the Buying Utilities Discoms towards non-meeting of RPOs, if such compensation is ordered by subject to a minimum of 25% of the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPDtariff.

Right to Contracted Capacity & Energy. 4.4.1 SECI, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy generated corresponding to 18.7% or plus (+) 10% 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 of energy generated corresponding to a CUF of 15% or minus (-) 15% of the declared CUF (whichever is higher)] till the end of 10 years from the COD Scheduled Commissioning Date and [Insert the value of energy generated corresponding to minus ------- -- Million kWh (-MU) 20% of the declared CUF] for the rest of the term Term of the Agreement, on account of reasons solely attributable to the 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 Utilities. This will, however be relaxable by SECI to the extent of grid non-availability for evacuation, which is beyond the control of the SPD. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to as determined by the compensation payable (including RECs) by Appropriate Commission/Authority, and such penalty shall ensure that the Buying Utilities towards non-meeting are offset for all potential costs associated with low generation and supply of RPOs, if such compensation is ordered by power under the State CommissionPPA. However, the minimum compensation payable to SECI by the SPD shall be 25% (twenty-five per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECI, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy generated corresponding to 18.7% or plus (+) 10% 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 of energy generated corresponding to a CUF of 15% or minus (-) 15% of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert the value of energy generated corresponding to minus Million kWh (-MU) 20% of the declared CUF] for the rest of the term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make 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 Utilities. This will, however be relaxable by SECI to the extent of grid non-availability for evacuation, which is beyond the control of the developer. This compensation 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 RECs) by the Buying Utilities towards non-meeting of RPOs, if such compensation is ordered by the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD. .

Right to Contracted Capacity & Energy. 4.4.1 SECI, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy generated corresponding to 18.7% or plus (+) 10+10% 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 of energy generated corresponding to a CUF of 15% or minus (-) 15-15% of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert the value of energy generated corresponding to minus (-) - 20% of the declared CUF] for the rest of the term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make 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 . This compensation 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 RECs) by the Buying Utilities towards non-non- meeting of RPOs, if such compensation is ordered by the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.

Right to Contracted Capacity & Energy. 4.4.1 SECIElectricity Department Daman, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU) [Insert value of energy generated corresponding to 18.7a CUF of 21% or plus (+) 10% of the declared annual CUF (whichever is higher) for solar PV (Phase-II Batch-ISecond Batch projects) projectsProvided that in case of solar projects using advanced technologies, the value of CUF shall be the average CUF committed by the SPD at the point of signing the PPA]. 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 of energy generated corresponding to a CUF of 1512% or minus for solar PV (-Second Batch projects) 15% and further provided that in case of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert solar projects using advanced technologies, the value of energy generated corresponding to minus (-) 20CUF shall be 7% below the average CUF committed by the SPD at the point of signing the declared CUF] for the rest of the term of the AgreementPPA], on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make SPD liable to pay the compensation provided in the PSA as payable to Buying Utilities Discoms and shall duly pay such compensation to SECI NVVN to enable SECI NVVN to remit the amount to Buying Utilities Discoms. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be computed at the rate equal to the compensation payable (including RECs) by the Buying Utilities Discoms towards non-meeting of RPOs, if such compensation is ordered by subject to a minimum of 25% of the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPDtariff.