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). If for any Contract Year, it is found that the SPD has not been able to generate minimum energy of Million kWh (MU) till the end of 10 years from the COD and Million kWh (MU) for the rest of the term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make 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 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. . 4.4.2 Notwithstanding Article 4.4.1, any excess generation over and above 10% of declared annual CUF will be purchased by SECI at a tariff as per Article 9.4, provided SECI is able to get any buyer for sale of such excess generation. While the SPD would be free to install 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, it will not be allowed to sell any excess power to any other entity other than SECI (unless refused by SECI). 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 Any energy produced and flowing into the grid before CoD shall not be at the cost of SECI under this scheme and the SPD will be free to make short-term sale to any organisation or individual. SECI may agree to buy this power as a trader if they find it viable outside this scheme.

Right to Contracted Capacity & Energy. 4.4.1 SECI, at in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year, it is found that the SPD has not been able to generate minimum energy of Million kWh (MU) till the end of 10 years from the COD SCD and Million kWh (MU) for the rest of the term Term of the Agreement, on account of reasons solely attributable to the SPD, the non-non- compliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying Utilities and shall duly pay such compensation to SECI Entity(ies) by Buyer to enable SECI Buyer to remit the amount to Buying UtilitiesEntity(ies). This For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by SECI Buyer to the extent of grid non-availability for evacuation, evacuation which is beyond the control of the developerSPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including RECs) as determined by the respective State Electricity Regulatory Commission of the corresponding Buying Utilities towards non-meeting Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of 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 percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD. . 4.4.2 Notwithstanding Article 4.4.1, any Any excess generation over and above 10% of declared annual CUF will as per Article 4.4.1, may be purchased by SECI at a tariff in term of as per Article 9.49, provided SECI is able the Buying Entity consents to get any buyer for sale of purchase such excess generationpower. 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, 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. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 30days 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 30days, 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 agency. Any energy produced and flowing into the grid before CoD Scheduled Commissioning Date shall not be at the cost of SECI under this scheme and the SPD will be free to make short-term sale to any organisation or individualSECI. SECI may agree to buy this such power at a tariff as a trader if they find it viable outside this schemeagreed 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 SECIOFC, KANPUR, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond Million ----------Million kWh (MU). If for any Contract Year, it is found that the SPD has not been able to generate minimum energy of Million ----------Million kWh (MU) till the end of 10 years from the COD and Million kWh (MU) for the rest of the term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make 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 UtilitiesOFC, KANPUR. This will, however be relaxable by SECI OFC, KANPUR 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 OFC, KANPUR affecting supply of solar power by SPD. . 4.4.2 Notwithstanding Article 4.4.1, any excess generation over and above 10% of declared annual CUF will may be purchased by SECI at a tariff as per Article 9.4OFC, provided SECI is able to get any buyer for sale of such excess generationKANPUR or by the Discom(s) unless refused by OFC, KANPUR. While the SPD would be free to install 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, it will not be allowed to sell any excess power to any other entity other than SECI OFC, KANPUR (unless refused by SECIOFC, KANPUR). 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 Any energy produced and flowing into the grid before CoD shall not be at the cost of SECI OFC, KANPUR under this scheme and the SPD will be free to make short-term sale to any organisation or individual. SECI may agree to buy this power as a trader if they find it viable outside 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 full project capacity. SECI, at in any time during a Contract YearYear except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU). If Subsequent to commissioning of the Project, if for any Contract Year, it is found that the SPD has not been able to generate supply minimum energy of Million kWh (MU) till the end of 10 years from the COD SCD and ………….. Million kWh (MU) for the rest of the term Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance noncompliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying Utilities and shall duly pay such compensation to SECI Entity(ies) by Buyer to enable SECI Buyer to remit the amount to Buying UtilitiesEntity(ies). This For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by SECI Buyer to the extent of grid non-availability for evacuation, evacuation which is beyond the control of the developerSPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation such penalty shall be equal to the compensation payable (including RECs) as determined by the respective State Electricity Regulatory Commission of the corresponding Buying Utilities towards non-meeting Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of 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 percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD. . 4.4.2 Notwithstanding Article 4.4.1, any Any excess generation over and above 10% of declared annual CUF will as per Article 4.4.1, may be purchased by SECI at a the tariff in term of as per Article 9.49, provided SECI is able the Buying Entity consents to get any buyer for sale of purchase such excess generationpower. 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 and/or 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. SECI shall be required to intimate its approval/refusal to the SPD, for buying such excess generation not later than 30 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 30 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 agency. Any energy produced and flowing into the grid before CoD Scheduled Commissioning Date shall not be at the cost of SECI under this scheme and the SPD will be free to make short-term sale to any organisation or individualSECI. SECI may agree to buy this such power at a tariff as a trader if they find it viable outside this schemeagreed to between SECI and the Buying Entity (including SECI’s trading margin), provided the Buying Utility consents for purchase of such power.