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

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD is _ [insert the amount as per SECI’s LoA]. The HPD will be allowed to revise the CUF of the Project once within first 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 HPD beyond Million kWh (MU) (Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the HPD has not been able to supply minimum energy amounting to Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 90% of the declared CUF for the project or the modified CUF], save and except in case of Force Majeure, the 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. 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 power by HPD. 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.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD is _ [insert the amount as per SECI’s LoA]. The HPD will be allowed to revise the CUF of the Project once within first 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 HPD beyond Million kWh (MU) (Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the HPD has not been able to supply minimum energy amounting to Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 90% of the declared CUF for the project or the modified CUF], save and except in case of Force Majeure, the 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. 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 power by HPD. 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.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD SPD is _ [(insert the amount CUF as per SECI’s LoA]). The HPD SPD will be allowed to revise the CUF of the Project once within first three years 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 HPD SPD beyond Million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120110% 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 HPD SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs values corresponding to a CUF of 9085% 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 HPD 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. 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 power by HPD. 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.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD WPD is _ [(insert the amount CUF as per SECI’s LoA]). The HPD WPD will be allowed to revise the CUF of the Project once within first 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 HPD WPD beyond Million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF)]. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the HPD WPD has not been able to supply minimum energy amounting to Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs values corresponding to a CUF of 9080% of the declared CUF for the project or the modified CUF], save and except in case of Force Majeure, the HPD 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. 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 power by HPD. 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.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD is _ [insert the amount as per SECI’s LoA]. The HPD will be allowed to revise the CUF of the Project once within first 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 HPD beyond ……….. Million kWh (MU) (Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the HPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 90% of the declared CUF for the project or the modified CUF], save and except in case of Force Majeure, the 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. 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 power by HPD. 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.

Right to Contracted Capacity & Energy. 4.4.1 The For supply of power in hours other than Peak Hours, the CUF declared by the HPD SPD is _ [(insert the amount as per SECI’s LoA]). The HPD SPD will be allowed to revise the CUF of the Project once within first three years 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 HPD SPD beyond Million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120110% 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 HPD SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs values corresponding to a CUF of 9085% 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 HPD 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. 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 power by HPD. 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.

Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD SPD is _ [(insert the amount as per SECI’s LoA]). The HPD SPD will be allowed to revise the CUF of the Project once within first three years 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 HPD SPD beyond Million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120110% 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 HPD SPD has not been able to supply minimum energy amounting to …………...Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs values corresponding to a CUF of 9085% 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 HPD 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. 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 power by HPD. 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.