Common use of Satisfaction of conditions subsequent by the SPD Clause in Contracts

Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall on his own obtain permissions/sanctions from Govt. authorities, if any required for establishing the project; b) The SPD shall make Project Financing Arrangements for its Projects(s)and shall provide necessary documents to NTPC in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Guidelines for Selection of Grid-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same. f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point

Appears in 1 contract

Samples: Power Purchase Agreement

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Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own risk and cost and risk within 210 days six (6) months from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPCHAL, Hyderabad: a) The SPD shall obtain or apply (as applicable) for all Consents, Clearances and Permits required for construction of the Project as per the terms of this Agreement. The SPD shall also obtain all Consents, Clearances and Permits required for operation and supply of power to NTPC as per HAL, Hyderabad before Commissioning of the terms of this Agreement. NTPC has no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall on his own obtain permissions/sanctions from Govt. authorities, if any required for establishing the projectProject; b) The SPD shall make Project Financing Arrangements for its Projects(s)and shall financing arrangements and provide necessary documents certificates to NTPC in this regard;HAL, Hyderabad within 90 days from the date of signing the PPA. c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Guidelines for Selection of Grid-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same. f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / the Delivery Point; d) The SPD shall sign a Transmission Agreement with CTU/STU/ Transmission Utilities confirming the evacuation and connectivity of the CTU/STU / Transmission Utilities system up to the delivery point of SPD by the Scheduled Commissioning Date. e) The SPD shall ensure levelling and clearing of land from debris / bushes / trees with necessary approvals, provided by HAL, Hyderabad for commissioning the project. Cost to be borne by SPD. f) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure-B of the RfS document and produce the documentary evidence of the same. g) The SPD shall make necessary arrangement required for water required for power project (water harvesting facility shall be planned). h) SPD shall make necessary pathway for movement, maintenance of solar modules along the fencing and in rows of solar modules. Sufficient lighting arrangements shall be provided along the path way. The SPD shall construct a boundary with 8 feet high chain fence all around the solar power plant with two gate for access. The SPD shall also provide sufficient CCTV cameras(minimum 8 nos.) in consultation with HAL, Hyderabad to monitor the movement of personnel etc. in the entire Solar PV plant. i) The manpower engaged by SPD shall have access to HAL, Hyderabad campus provided they fulfil with HAL, Hyderabad security permission & procedures in force from time to time. The SPD shall submit to HAL, Hyderabad the relevant documents as stated above, complying with the Conditions Subsequent, within three (3) months from the Effective Date.

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 one hundred eighty (180) days from the Effective Datedate of signing of this Agreement, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPC:Solar Power Procurer a) The SPD shall obtain a. For obtaining all Consents, Clearances and Permits required for supply of power to NTPC Solar Power Procurer as per the terms of this Agreement. NTPC has no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall on his own obtain permissions/sanctions from Govt. authorities, if any required for establishing the project; b) The SPD shall make Project Financing Arrangements for its Projects(s)and b. For making project financing agreements and completing financial closure and shall provide necessary documents to NTPC Solar Power Procurer in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Guidelines for Selection of Grid-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same. f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make c. For making adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at the Interconnection Point; d. For producing the documentary evidence of the clear title and possession of the acquired land @ minimum 1.5 hectare /MW in the name of SPD. In this regard the SPD shall be required to furnish the following documentary evidences –  Ownership or lease hold rights (for at least 30 years) in the name of the SPD and possession of 100% of the area of land required for the Project.  Certificate by the concerned and competent revenue/registration authority for the acquisition/ownership/vesting of the land in the name of the SPD.  Sworn affidavit from the Authorized person of the SPD listing the details of the land and certifying total land required for the Project under clear possession of the SPD.  A certified English translation from an approved translator in case above land documents are in languages other than English and Hindi.  The SPD shall submit line diagram of undertaking solar power project. The Solar Power Procurer agrees: i. to make all reasonable efforts for making arrangements for evacuation of power from the Project to be completed prior to the COD of the Project subject to Article 3. ii. for purchase of Delivered Energy from the Project as per Article 2. iii. to guide the Solar Power Developer in obtaining approval for the interconnection facilities for synchronization, commercial operation, regular operation etc., as required by the Solar Power Developer. Solar Power Developer shall take insurance for the project assets against losses due to natural calamities, fire, riot and strike for replacement value. Performance Bank Guarantee i. The Performance Bank Guarantee of INR 30 lakh/MW to be furnished under this Agreement and before signing of this PPA shall be for guaranteeing the commencement of the supply of power up to the Contracted Capacity within the time specified in this Agreement as per format provided in Schedule 3. The Performance Bank Guarantee of INR 30 lakh/MW shall be submitted in three (3) Nos. of Bank Guarantee in the ratio of 20%, 40% & 40% value. Performance Bank Guarantee will have a validity period of six (6) months from the Scheduled COD. ii. The failure on the part of the SPD to furnish the Performance Bank Guarantee before signing of this PPA or to maintain the Performance Bank Guarantee till the validity period of the Performance Bank Guarantee as stated in Clause 6.4 (i) of this Agreement, shall be a material breach of the terms of this Agreement on the part of the SPD. iii. If the SPD fails to commence supply of power from the Scheduled Commissioning Date specified in this Agreement, subject to conditions mentioned in Article 9, Solar Power Procurer shall have the right to encash the Performance Bank Guarantee without prejudice to the other rights of Solar Power Procurer under this Agreement. iv. Subject to Article 6.5, Solar Power Procurer shall return / Metering release the Performance Bank Guarantee three (3) months after the Commercial Operation Date. v. The return / Delivery Pointrelease of the Performance Bank Guarantee shall be without prejudice to other rights of Solar Power Procurer under this Agreement. Consequences of non-fulfillment of conditions subsequent specified in Clause 6.1 i. In case of a failure to submit the documents as above, Solar Power Procurer shall have the right to terminate this Agreement by giving a Termination Notice to the SPD in writing of at least seven (7) days. The termination of the Agreement shall take effect upon the expiry of the 7th day of the Notice. ii. Solar Power Procurer shall be entitled to encash all the Performance Bank Guarantees submitted by the SPD. iii. For the avoidance of doubt, it is clarified that this Article shall survive the termination of this Agreement. In case of inability of the SPD to fulfill any one or more of the conditions specified in Article 6.1 (xv) due to any Force Majeure event, the time period for fulfillment of the conditions subsequent as mentioned in Article 6.1 (xv), shall be extended for the period of such Force Majeure event. iv. Provided that due to the provisions of this Article 6.5, any increase in the time period for completion of conditions subsequent mentioned under Article 6.1 (xv), shall also lead to an equal extension in the Scheduled Commissioning Date. Solar Power Developer shall not encumber, assign or mortgage project assets except for getting finance for execution of the project. However the developer can transfer, sell, assign or mortgage the project assets in line with the provisions of 10.1.1 (i) (b).

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall shall, on his own own, obtain permissions/sanctions from Govt. Government authorities, if any required for establishing the project;. Any steps that may taken by NTPC or NVVN in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary endeavour with no intention of being bound by any legal or binding obligation. b) The SPD shall make Project Financing Arrangements for its Projects(s)and Projects(s) and shall provide necessary documents to NTPC in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) be solely responsible and make arrangements for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Selection Tariff Based Competitive Bidding Process for Procurement of GridPower from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no.23/27/2017-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the sameR&R dated 03. f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. 3.1.1 The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days …… Months from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of for the activities is specifically waived by NTPC in writing by NTPC:writing; a) a. The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall shall, on his own own, obtain permissions/sanctions from Govt. Government authorities, if any required for establishing the project;. Any steps that may be taken by NTPC in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be as a facilitator on best endeavour basis with no intention or implication of NTPC being bound by any legal or binding obligation to SPD in regard to such acts: and b) b. The SPD shall make Project Financing Arrangements for its Projects(s)and Projects(s) and shall provide necessary relevant documents to NTPC in this regard;; and c) c. The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) be solely responsible and make arrangements for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date;Date as applicable; and d) The SPD shall furnish the necessary documents d. Submission of documents/Lease Agreement to establish possession possession/right to use 100% (hundred per cent) of the required land in the name of the Project Developer Solar Power Generator for a period not less than the complete term of the required land/ Lease Agreement;PPA, on or before the Scheduled Commissioning Date (SCD). Wherever leasing of private land is involved, the lease should allow transfer of land lease rights to the lenders or Beneficiary(ies), in case of default of the Solar Power Generator.” and e) e. The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Selection Tariff Based Competitive Bidding Process for Procurement of GridPower from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no. 23/27/2017-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same.R&R dated 03.08.2017; and f) f. The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days 12 months period from the Effective Date.; and g) g. The SPD shall have an option to change the Project location before the Financial Closure. The change of location of the project shall not be permitted after Financial Closure. However, if extension of the Scheduled Commissioning Date is granted to the project for the reason as detailed in clause 4.2.7, change of location shall also be permitted; and h. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point. In this regard the project developer shall apply for Grant of Stage-II connectivity for its Solar PV Project at the proposed location as per the procedure stipulated in “Detailed Procedure for Grant of Connectivity to Projects based on Renewable Energy Sources to Inter-State Transmission System Dated 15.05.2018” by CERC and its amendment if any thereof within 03 (three) months from effective date of PPA.

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall on his own obtain permissions/sanctions from Govt. authorities, if any required for establishing the project; b) The SPD shall make Project Financing Arrangements for its Projects(s)and shall provide necessary documents to NTPC in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) be solely responsible and make arrangements for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Guidelines for Selection of Grid-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same. f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. The SPD 3.1 The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days 12 Months from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of for the activities is specifically waived in writing by NTPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall shall, on his own own, obtain permissions/permissions/ sanctions from Govt. Government authorities, if any required for establishing the project;. Any steps that may taken by NTPC or NVVN in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary endeavour with no intention of being bound by any legal or binding obligation. b) The SPD shall make Project Financing Arrangements for its Projects(s)and Projects(s) and shall provide necessary documents to NTPC in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) be solely responsible and make arrangements for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System at NTPC existing switch yard in Western Region for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Selection Tariff Based Competitive Bidding Process for Procurement of GridPower from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no.23/27/2017-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same.R&R dated 03.08.2017 f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days 12 months period from the Effective Date. g) The successful bidder shall have an option to change the Project location before the Financial Closure. The change of location of the project shall not be permitted after Financial Closure. However, if extension of the Scheduled Commissioning Date is granted to the project for the reason as detailed in clause 4.2.7, change of location shall also be permitted. h) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery PointPoint i.e. at existing switchyard of NTPC in Western Region. In this regard The project developer shall apply for Grant of Stage-II connectivity for its Solar PV Project at the proposed location as per the procedure stipulated in “Detailed Procedure for Grant of Connectivity to Projects based on Renewable Energy Sources to Inter-State Transmission System Dated 15.05.2018” by CERC and its amendment if any thereof within 03 (three) months from effective date of PPA.

Appears in 1 contract

Samples: Power Purchase Agreement

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Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days 12 months from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPCNHPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC NHPC as per the terms of this Agreement. NTPC has NHPC shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall shall, on his own own, obtain permissions/sanctions from Govt. Government authorities, if any required for establishing the project;. Any steps that may taken by .......................... or NHPC in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary endeavor with no intention of being bound by any legal or binding obligation. b) The SPD shall make Project Financing Arrangements for its Projects(s)and Projects(s) and shall provide necessary documents to NTPC NHPC in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) be solely responsible and make arrangements for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Selection Tariff Based Competitive Bidding Process for Procurement of GridPower from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no. 23/27/2017-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the sameR&R dated 03.08.2017 (along with Corrigendum dated 14.06.2018 & 03.01.2019 & 09.07.2019). f) The SPD shall submit to NTPC NHPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point h) The SPD shall furnish the location of the projects at the time of financial closure. At this stage, SPD shall also be required to furnish letter from CTU confirming technical feasibility of connectivity of the plant to CTU substation at the indicated location. The change of location of the project shall not be permitted after Financial Closure.

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by NTPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall shall, on his own own, obtain permissions/sanctions from Govt. Government authorities, if any required for establishing the project;. Any steps that may taken by NTPC or NVVN in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary endeavour with no intention of being bound by any legal or binding obligation. b) The SPD shall make Project Financing Arrangements for its Projects(s)and shall provide necessary documents to NTPC in this regard; c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date; d) The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Annexure II –Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Selection Tariff Based Competitive Bidding Process for Procurement of GridPower from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no.23/27/2017-connected Solar-PV Power Projects under “State Specific Bundling Scheme” of Batch-II, Tranche-I of NSM Phase- II and produce the documentary evidence of the same.R&R dated 03.08.2017 f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days period from the Effective Date. g) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point

Appears in 1 contract

Samples: Power Purchase Agreement

Satisfaction of conditions subsequent by the SPD. 3.1.1 The SPD agrees and undertakes to duly perform and complete all of the following activities including Financial Closure at the SPD’s own cost and risk within 210 days 12 Months from the Effective Date, unless such completion is affected by any Force Majeure event, or if any of for the activities is specifically waived in writing by NTPC: a) The SPD shall obtain all Consents, Clearances and Permits required for supply of power to NTPC as per the terms of this Agreement. NTPC has shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power project. The Solar Power Developer shall shall, on his own own, obtain permissions/sanctions from Govt. Government authorities, if any required for establishing the project;. Any steps that may taken by NTPC in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be as a facilitator on best endeavour basis with no intention or implication of NTPC being bound by any legal or binding obligation to SPD in regard to such acts: and b) The SPD shall make Project Financing Arrangements for its Projects(s)and shall provide necessary relevant documents to NTPC in this regard;; and c) The SPD shall enter into an Implementation Support Agreement with Solar Park Implementation Agency (SPIA) be solely responsible and make arrangements for Land & associated infrastructure for development of the Project inside the Solar Park and for Connectivity with the STU/CTU System for confirming the evacuation of power by the Scheduled Commissioning date;Date as applicable; and d) The SPD shall furnish the necessary documents Title of land through sale deed or lease hold rights to establish possession possession/right to use 100% of the required land for the project in the name of the Project Developer or its Affiliate. In case the land is in the name of the required land/ Lease Agreement;Affiliate, the land should be transferred in the name of the Project Developer prior to Scheduled Commissioning Date. Wherever leasing of private land is involved, the lease should allow transfer of land lease rights to the lenders or Beneficiary(ies), in case of default of the Project Developer; and e) The SPD shall fulfill the technical requirements according to criteria mentioned under Clause 3.5 (B) of NSM Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Selection Tariff Based Competitive Bidding Process for Procurement of Grid-connected Solar-PV Power Projects under “State Specific Bundling Scheme” from Grid Connected Solar Power Projects, issued by Ministry of Batch-IIPower, Tranche-I of NSM Phase- II and produce the documentary evidence of the same.vide resolution no.23/27/2017- R&R dated 03.08.2017; and f) The SPD shall submit to NTPC the relevant documents as stated above, complying with the Conditions Subsequent, within 210 days 12 months period from the Effective Date.; and g) The SPD shall have an option to change the Project location before the Financial Closure. The change of location of the project shall not be permitted after Financial Closure. However, if extension of the Scheduled Commissioning Date is granted to the project for the reason as detailed in clause 4.2.7, change of location shall also be permitted; and h) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point. In this regard the project developer shall apply for Grant of Stage-II connectivity for its Solar PV Project at the proposed location as per the procedure stipulated in “Detailed Procedure for Grant of Connectivity to Projects based on Renewable Energy Sources to Inter-State Transmission System Dated 15.05.2018” by CERC and its amendment if any thereof within 03 (three) months from effective date of PPA.

Appears in 1 contract

Samples: Power Purchase Agreement

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