Common use of SPD’s Obligations Clause in Contracts

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

AutoNDA by SimpleDocs

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with ArticleClause 4.4 of this Agreement throughout the term of the Agreement. g) Owning the Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15. h) Maintaining minimum 51% shareholding prevalent at the time of signing of PPA up to a period of one (1) year after the SCSD in line with Clause 21 of the RfS; i) Providing a discount of Rs. 0.02/kWh in the monthly billing which will be apportioned towards the payment security mechanism to be maintained under Article 10.1.1 of this Agreement. (To be applicable in case the SPD has opted for this discounting in lieu of Payment Security Mechanism. Strike it out if not applicable)

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI UPNEDA/UPPCL in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI endeavor with no intention of being bound by any legal or binding obligation. cb) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. c) the commencement of supply of power up to the Contracted Capacity to Procurer(s) on or before the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; d) Connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Injection Point/Delivery Point. e) Obtaining Connectivity owning the Power Project throughout the Term of Agreement free and executing connectivity agreement as per provision clear of GNA regulation issued by CERCencumbrances, for evacuation except those expressly permitted under Article 16; f) maintaining its controlling shareholding prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated Project, in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the line with provisions of the RfS, PPA and PSARfS document g) Fulfilling all obligations undertaken by the SPD under this Agreement. fh) [Not Used] i) The commencement SPD shall fulfill the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of supply Power from Grid Connected Solar Power Projects, issued by Ministry of power up to the Contracted Capacity to SECI no later than the SCSD Power, vide resolution no.23/27/2017-R&R dated 03.08.2017, and continuance of the supply of power in line with Articlesubsequent amendments and clarifications thereof.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS STU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; b) Obtaining obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) Connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement owning the Power Project throughout the Term of supply Agreement free and clear of power encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to the Contracted Capacity to SECI no later than the SCSD and continuance a period of one (1) year after Commercial Operation Date of the supply of power Project, in line with Articleprovisions of the RfS document; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; and

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with up to the ISTS System delivery point at the Sub Station of FSPV Power Plant for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligationproject. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to BBMB no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) Connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of three (3) years after Commercial Operation Date of the Project in line with the provisions of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of BBMB after COD subject to the condition that the management control remains within the same Group Companies; and h) Fulfilling all obligations undertaken by the SPD under this Agreement. i) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERCLong Term Access (LTA) upto the delivery point, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified Beyond delivery point, it shall be responsibility of BBMB to avail necessary clearances from HPSEB or concerned authorities such as obtaining LTA etc., for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. j) The SPD shall be responsible to for directly coordinating and dealing with BBMB and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the Entities (SPD and Buying EntityBBMB are Grid connected entities. k) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no.23/27/2017-R&R dated 03.08.2017 and its amendments issued thereof. l) Further, the Project being implemented under this Agreement shall fulfil the criteria as indicated in the detailed procedure issued subsequently under the per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, m) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces, including BBMB, as per the Regulations in force. The SPD shall be solely responsible for their respective obligation as notified in the detailed procedure irrespective discrepancy identification and its rectification to avoid any rejection/less payment of the provisions of the RfS, PPA and PSAinvoices. fn) The commencement SPD has given an undertaking that it has neither availed nor shall avail any grant / subsidy from the Government agency for this project. However, in case, SPD receives any such grant/subsidy, it shall pass on the amount to BBMB within 20 days of supply its receipt through DD/RTGS payable at Nangal/Chandigarh respectively, failing which the SPD will pay the amount with penal interest at base rate of power up SBI plus 4.25% worked out on day to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Articleday basis.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Project, Connectivity with the ISTS existing NTPC switchyard in Western Region System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto.; and b) Obtaining obtaining solely at its cost and responsibility all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required other than those obtained under Article 3.1 and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation.; and c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices.; and d) The SPD shall make adequate arrangements the commencement of supply of power up to connect the Contracted Capacity to NTPC no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect existing NTPC switchyard in Western Region f) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean not less than 51% of the voting rights and paid-up share capital) prevalent on the Effective Date of PPA in the Company/Consortium developing the project switchyard with up to a period of one (1) year after the Interconnection facilities at Commercial Operation Date. However transfer of shareholding within the Delivery Point.same Group Companies of SPD may be agreed to by NTPC after the COD if NTPC is satisfied that there is no change in the controlling interest; and eh) Obtaining Connectivity Long Term Open Access (LTOA) and executing connectivity transmission agreement as per provision of GNA regulation issued by CERC, with CTU for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified Transmission losses and charges up to Interconnection/ Metering point shall be borne by the SPD. i). The SPD shall be responsible to for directly coordinating and dealing with NTPC/NVVN/ Discom(s), Load Dispatch Centers, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code Regulations, acknowledging that the Entities (SPD and Buying EntityDiscom(s) are the Grid connected entities and NTPC/NVVN as indicated intermediary procurers/ trading licensee is not a Grid connected entity in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective respect of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with ArticleSolar Power contracted under this Agreement; and

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 4.1.1. The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) 4.1.1.1. The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS STU System for confirming the availability of power system required for supply evacuation of power by the SCSD SCD and all clearances related thereto. a) On or before Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/Lease Agreement to establish possession/right to use 100% of the required land in the name of the SPD. Wherever leasing of private land is involved, the lease should allow transfer of land lease rights to the lenders or Procurer, in case of default of SPD. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land and certifying that total land required for the Project is under clear possession of the SPD. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI RUVNL shall have no obligation to recommend to any department/agency or the Govt. for the grant/permission for the Solar Power projectSPD. The Solar Power Developer SPD shall, on his own, obtain permissions/ permissions/sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI RUVNL in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) commencement of supply of power up to the Contracted Capacity to RUVNL no later than the SCD and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15. g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Project in line with Clause 24 of the RfS. However, transfer of controlling shareholding within the same Group Companies will be allowed with the permission of RUVNL after COD subject to the condition that the management control remains within the same Group Companies. h) fulfilling all obligations undertaken by the SPD under this Agreement. i) Obtaining Connectivity and executing connectivity transmission service agreement as per provision of GNA regulation issued by CERC, with STU for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . j) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional/State Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code; State/Central Regulations, acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) as indicated are the Grid connected entities and RUVNL is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. k) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under the Guidelines. The modules used in the detailed procedure issued subsequently Project shall be sourced only from the models and manufacturers included in List-I under the “Approved List of Models and Manufacturers” as published by MNRE and valid as on the date of invoicing of such modules. l) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, m) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves as per the Regulations in force, under intimation to RUVNL. The SPD shall be solely responsible for their respective obligation discrepancy identification and its rectification to avoid any rejection/less payment of invoices. n) making a payment of [Insert amount @ Rs 5 Lakhs/MW] to the designated account as notified in intimated by the detailed procedure irrespective of the provisions RUVNL towards Payment Security Fund as per clause 18.2 of the RfS, PPA and PSA. fwhich states that, “Prior to declaration of commissioning of first part capacity of the Project, the SPD shall furnish a Payment Security Deposit (PSD) @Rs. 5,00,000/MW (Rupees Five Lakhs/MW) to RUVNL through NEFT/RTGS. This fund shall form part of the Payment Security Fund maintained by RUVNL for the Projects. Modalities of operationalization of the Payment Security Deposit will be notified by RUVNL at appropriate stage, through necessary guidelines/orders. The commencement of supply of power up above amount shall be credited to RUVNL pro-rata to the Contracted Capacity to SECI no later than part capacity being commissioned at that stage.” o) After signing of PPA, the SCSD and continuance SPD shall apply for drawl NOC(s) from the respective STU(s) of the supply of power in line with ArticleState.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; On or before Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/ Lease Agreement to establish possession/ right to use 100% of the required land in the name of the SPD. Wherever leasing of private land is involved, the lease should allow transfer of land to the lenders or SECI, in case of default of the SPD. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land and certifying that total land required (@1.5 ha per MW per Project) for the Project is under clear possession of the SPD; b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of three (3) years after Commercial Operation Date of the Project in line with Section III, Clause 18 of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; h) making a payment security deposit of [Insert amount @ Rs 5 Lakhs / MW] to the designated account as intimated by the SECI towards Payment Security Fund as per clause 12 of Section III of RfS. i) fulfilling all obligations undertaken by the SPD under this Agreement. j) Obtaining Connectivity Long Term Access (LTA) and executing connectivity transmission service agreement with CTU/STU as per provision of GNA regulation issued by CERCthe case may be, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . k) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) are the Grid connected entities and SECI as indicated an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. l) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no.23/27/2017-R&R dated 03.08.2017 including subsequent amendments and clarifications. The cells and modules used in the detailed procedure issued subsequently Project shall be sourced only from the models and manufacturers included in the “Approved List of Models and Manufacturers” as published by MNRE and updated as on the date of commissioning of the Project. m) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, n) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of all the RLDCs concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom, as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for their respective obligation as notified in the detailed procedure irrespective discrepancy identification and its rectification to avoid any rejection/less payment of the provisions of the RfS, PPA and PSAinvoices. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. cb) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. c) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; d) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity owning the Power Project throughout the Term of Agreement free and executing connectivity agreement clear of encumbrances, except those expressly permitted under Article 15; f) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of three (3) years after Commercial Operation Date of the Project in line with Section III, Clause 18 of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; g) making a payment security deposit of [Insert amount @ Rs 5 Lakhs / MW] to the designated account as intimated by the SECI towards Payment Security Fund as per provision clause 12 of GNA regulation Section III of RfS. h) fulfilling all obligations undertaken by the SPD under this Agreement. i) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the SPD and the corresponding Buying Utility(ies) are the Grid connected entities and SECI as an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. j) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued by CERCMinistry of Power, for evacuation vide resolution no.23/27/2017-R&R dated 03.08.2017 including subsequent amendments and clarifications. The cells and modules used in the Project shall be sourced only from the models and manufacturers included in the “Approved List of Models and Manufacturers” as published by MNRE and updated as on the date of commissioning of the Contracted Capacity and maintaining it throughout Project. k) Further, the term of Project being implemented under this Agreement shall fulfil the Agreement. It is further clarified that the Entities (SPD and Buying Entity) criteria as indicated in the detailed procedure issued subsequently under the per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, l) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of all the RLDCs concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom, as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for their respective obligation as notified in the detailed procedure irrespective discrepancy identification and its rectification to avoid any rejection/less payment of the provisions of the RfS, PPA and PSAinvoices. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS CTU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Project in line with the provisions of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; and f) fulfilling all obligations undertaken by the SPD under this Agreement. g) Obtaining Connectivity Long Term Access (LTA) and executing connectivity transmission service agreement with CTU/STU as per provision of GNA regulation issued by CERCthe case may be, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . h) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) are the Grid connected entities and SECI as indicated an Intermediary Procurer/ trading licensee is not a Grid connected entity in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective respect of the provisions of the RfS, PPA and PSASolar Power contracted under this Agreement. fi) The commencement SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of supply Power from Grid Connected Solar Power Projects, issued by Ministry of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with ArticlePower, vide resolution no.23/27/2017-R&R dated 03.08.2017.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System (connectivity can be taken by SPD, up to the Contracted Capacity, at different Interconnection Points) for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS STU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; On or before Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/ Lease Agreement to establish possession/ right to use 100% of the required land in the name of the SPD. Wherever leasing of private land is involved, the lease should allow transfer of land to the lenders or SECI, in case of default of the SPD. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land; b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI shall have no obligation to recommend to any department/agency or the Govt. Government for the grant/permission for the Solar Power projectProject. The Solar Power Developer shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) Obtaining Connectivity owning the Power Project throughout the Term of Agreement free and executing connectivity agreement clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of three (3) years after Commercial Operation Date of the Project in line with Section III, Clause 18 of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; h) making a payment security deposit of [Insert amount @ Rs 5 Lakhs / MW] to the designated account as intimated by the SECI towards Payment Security Fund as per provision clause 12 of GNA regulation issued Section III of RfS. i) fulfilling all obligations undertaken by CERCthe SPD under this Agreement. j) Executing transmission service agreement with STU, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . k) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees (if applicable), and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations as applicable , acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) are the Grid connected entities and SECI as indicated an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. l) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued by Ministry of Power, vide resolution no.23/27/2017-R&R dated 03.08.2017 including subsequent amendments and clarifications. The cells and modules used in the detailed procedure issued subsequently Project shall be sourced only from the models and manufacturers included in the “Approved List of Models and Manufacturers” as published by MNRE and updated as on the date of commissioning of the Project. m) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, n) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of Rajasthan SLDC/RLDCs (if applicable) concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom (if applicable), as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for their respective obligation as notified in the detailed procedure irrespective discrepancy identification and its rectification to avoid any rejection/less payment of the provisions of the RfS, PPA and PSAinvoices. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS STU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto. On or before Scheduled Commissioning Date or extended Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/ Lease Agreement to establish possession/ right to use 100% of the required land in the name of the SPD. Wherever leasing of private land is involved, the lease should allow transfer of land to the lenders or SECI, in case of default of the SPD. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land and certifying that total land required for the Project is under clear possession of the SPD. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI shall have no obligation to recommend to any department/agency or the Govt. Government for the grant/permission for the Solar Power projectProject. The Solar Power Developer SPD shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) Obtaining Connectivity owning the Power Project throughout the Term of Agreement free and executing connectivity agreement clear of encumbrances, except those expressly permitted under Article 15. g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Project in line with Section III, Clause 18 of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies. h) making a payment security deposit of [Insert amount @ Rs 5 Lakhs / MW] to the designated account as intimated by the SECI towards Payment Security Fund as per provision clause 12 of GNA regulation issued Section III of the RfS. i) fulfilling all obligations undertaken by CERCthe SPD under this Agreement. j) Executing transmission service agreement with STU, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . k) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees (if applicable), and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations as applicable , acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) are the Grid connected entities and SECI as indicated an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. l) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under the Guidelines. The cells and modules used in the detailed procedure issued subsequently Project shall be sourced only from the models and manufacturers included in the “Approved List of Models and Manufacturers” as published by MNRE and updated as on the date of commissioning of the Project. m) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, n) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of Rajasthan SLDC/RLDCs (if applicable) concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom (if applicable), as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for their respective obligation as notified in the detailed procedure irrespective discrepancy identification and its rectification to avoid any rejection/less payment of the provisions of the RfS, PPA and PSAinvoices. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS CTU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) Obtaining Connectivity owning the Power Project throughout the Term of Agreement free and executing connectivity agreement as per provision clear of GNA regulation issued by CERCencumbrances, for evacuation except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the Contracted Capacity voting rights and maintaining it throughout paid-up share capital) prevalent at the term time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated Project in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of line with the provisions of the RfS, PPA and PSA. f) The commencement ; However transfer of supply controlling shareholding within the same Group Companies will be allowed with the permission of power up SECI after COD subject to the Contracted Capacity to SECI no later than condition that the SCSD and continuance of management control remains within the supply of power in line with Articlesame Group Companies; and

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Project, Connectivity with the ISTS CTU System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto.; and b) Obtaining obtaining solely at its cost and responsibility all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required other than those obtained under Article 3.1 and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation.; and c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices.; and d) The SPD shall make adequate arrangements the commencement of supply of power up to connect the Contracted Capacity to NTPC no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the ISTS connected Interconnection Facilities at Interconnection / the Interconnection/Delivery/Metering / Delivery Point to connect Point; f) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean not less than 51% of the voting rights and paid-up share capital) prevalent on the Effective Date of PPA in the Company/Consortium developing the project switchyard with up to a period of one (1) year after the Interconnection facilities at Commercial Operation Date. However transfer of shareholding within the Delivery Point.same Group Companies of SPD may be agreed to by NTPC after the COD if NTPC is satisfied that there is no change in the controlling interest; and eh) Obtaining Connectivity Long Term Open Access (LTOA) and executing connectivity transmission agreement as per provision of GNA regulation issued by CERC, with CTU for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified Transmission losses and charges up to Interconnection/ Metering point shall be borne by the SPD. i). The SPD shall be responsible to for directly coordinating and dealing with Discom(s), Load Dispatch Centers, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code Regulations, acknowledging that the Entities (SPD and Buying EntityDiscom(s) are the Grid connected entities and NTPC/NVVN as indicated intermediary procurers/ trading licensee is not a Grid connected entity in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective respect of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with ArticleSolar Power contracted under this Agreement; and

Appears in 1 contract

Samples: Power Purchase Agreement

AutoNDA by SimpleDocs

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS CTU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto. On or before Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/ Lease Agreement to establish possession/ right to use 100% of the required land in the name of the SPD. Whenever leasing of private land is involved, the lease should allow creation of a charge/ mortgage/ security interest in favour of the Project lenders/ investors/ third party investors in case of default of the SPD in relation to the PPA or loan agreement. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land and certifying that total land required for the Project is under clear possession of the SPD. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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 SPD shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15. g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Project in line with Clause 24 of the RfS. However, transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies. h) fulfilling all obligations undertaken by the SPD under this Agreement. i) Obtaining Connectivity Long Term Access (LTA) and executing connectivity transmission service agreement with CTU/STU as per provision of GNA regulation issued by CERCthe case may be, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . j) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) are the Grid connected entities and SECI as indicated an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. k) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under the Guidelines. The modules used in the detailed procedure issued subsequently Project shall be sourced only from the models and manufacturers included in List-I under the “Approved List of Models and Manufacturers” as published by MNRE and valid as on the date of invoicing of such modules. l) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, m) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of all the RLDCs concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom, as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for their respective obligation discrepancy identification and its rectification to avoid any rejection/less payment of invoices. n) making a payment security deposit of [Insert amount @ Rs 5 Lakhs / MW] to the designated account as notified in intimated by the detailed procedure irrespective of the provisions SECI towards Payment Security Fund as per clause 18.2 of the RfS, PPA and PSA. fwhich states that, “Prior to declaration of commissioning of first part capacity of the Project, the SPD shall furnish a Payment Security Deposit (PSD) @Rs. 5,00,000/MW (Rupees Five Lakhs/MW) to SECI through DD/NEFT/RTGS. This fund shall form part of the Payment Security Fund maintained by SECI for the Projects. Modalities of operationalization of the Payment Security Deposit will be notified by SECI at appropriate stage, through necessary guidelines/orders. The commencement of supply of power up above amount shall be credited to SECI pro-rata to the Contracted Capacity to SECI no later than part capacity being commissioned at that stage.” o) After signing of PPA, the SCSD and continuance SPD shall apply for drawl NOC(s) from the respective STU(s) of the supply of State as per the power in line with Articlemapping provided by SECI.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with ArticleClause 4.4 of this Agreement throughout the term of the Agreement. g) Owning the Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15. h) Maintaining minimum 51% shareholding prevalent at the time of signing of PPA up to a period of one (1) year after the SCSD in line with Clause 21 of the RfS; i) Providing a discount of Rs. 0.02/kWh in the monthly billing which will be apportioned towards the payment security mechanism to be maintained under Article of this Agreement. (To be applicable in case the SPD has opted for this discounting in lieu of Payment Security Mechanism. Strike it out if not applicable)

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s SPD‟s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI UPNEDA/UPPCL in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI endeavor with no intention of being bound by any legal or binding obligation. cb) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. c) the commencement of supply of power up to the Contracted Capacity to Procurer(s) on or before the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; d) Connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Injection Point/Delivery Point. e) Obtaining Connectivity owning the Power Project throughout the Term of Agreement free and executing connectivity agreement as per provision clear of GNA regulation issued by CERCencumbrances, for evacuation except those expressly permitted under Article 16; f) maintaining its controlling shareholding prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated Project, in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the line with provisions of the RfS, PPA and PSARfS document g) Fulfilling all obligations undertaken by the SPD under this Agreement. fh) [Not Used] i) The commencement SPD shall fulfill the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of supply Power from Grid Connected Solar Power Projects, issued by Ministry of power up to the Contracted Capacity to SECI no later than the SCSD Power, vide resolution no.23/27/2017-R&R dated 03.08.2017, and continuance of the supply of power in line with Articlesubsequent amendments and clarifications thereof.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS CTU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; On or before Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/ Lease Agreement to establish possession/ right to use 100% of the required land in the same of the SPD or its Affiliate. In case the land is in the name of the Affiliate, the land should be transferred in the name of the SPD prior to the SCD. Wherever leasing of private land is involved, the lease should allow transfer of land to the lenders or SECI, in case of default of the SPD. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land and certifying that total land required (@1.5 ha per MW per Project) for the Project is under clear possession of the SPD; b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of three (3) years after Commercial Operation Date of the Project in line with the provisions of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; and f) fulfilling all obligations undertaken by the SPD under this Agreement. g) Obtaining Connectivity Long Term Access (LTA) and executing connectivity transmission service agreement with CTU/STU as per provision of GNA regulation issued by CERCthe case may be, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified . h) The SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the Entities (SPD and the corresponding Buying EntityUtility(ies) are the Grid connected entities and SECI as indicated an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the detailed procedure Solar Power contracted under this Agreement. i) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued subsequently by Ministry of Power, vide resolution no.23/27/2017-R&R dated 03.08.2017. j) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Regulatory Commission Authority (Technical Standards for Connectivity and General Network Access to the inter-State Transmission SystemGrid) Regulations, 20222007, and subsequent amendments and clarifications thereof, k) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of all the RLDCs concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom, as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for their respective obligation as notified in the detailed procedure irrespective discrepancy identification and its rectification to avoid any rejection/less payment of the provisions of the RfS, PPA and PSAinvoices. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Project, Connectivity with the ISTS CTU System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto.; and b) Obtaining obtaining solely at its cost and responsibility all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required other than those obtained under Article 3.1 and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation.; and c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices.; and d) The SPD shall make adequate arrangements the commencement of supply of power up to connect the Contracted Capacity to NHPC no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the ISTS connected Interconnection Facilities at Interconnection / the Interconnection/Delivery/Metering / Delivery Point to connect Point; f) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean not less than 51% of the voting rights and paid-up share capital) prevalent on the Effective Date of PPA in the Company/Consortium developing the project switchyard with up to a period of 3 (Three) year after the Interconnection facilities at Commercial Operation Date. However transfer of shareholding within the Delivery Point.same Group Companies of SPD may be agreed to by NHPC after the COD if NHPC is satisfied that there is no change in the controlling interest; and eh) Obtaining Connectivity Long Term Open Access (LTOA) and executing connectivity transmission agreement as per provision of GNA regulation issued by CERC, with CTU for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified Transmission losses and charges up to Interconnection/ Metering point shall be borne by the SPD. i) The SPD shall be responsible to for directly coordinating and dealing with Discom(s), Load Dispatch Centers, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code Regulations, acknowledging that the Entities (SPD and Buying EntityDiscom(s) are the Grid connected entities and NHPC/………… as indicated intermediary procurers/ trading licensee is not a Grid connected entity in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective respect of the provisions of Solar Power contracted under this Agreement; and j) fulfilling all obligations undertaken by the RfS, PPA and PSASPD under this Agreement. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS CTU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto. On or before Scheduled Commissioning Date, the SPD shall demonstrate possession of 100% (Hundred Percent) of the land identified for the Project in its name for a period not less than the complete Term of this Agreement. In this regard, the SPD shall submit documents/ Lease Agreement to establish possession/ right to use 100% of the required land in the name of the SPD. Whenever leasing of private land is involved, the lease should allow creation of a charge/ mortgage/ security interest in favour of the Project lenders/ investors/ third party investors in case of default of the SPD in relation to the PPA or loan agreement. The SPD shall submit a sworn affidavit from the authorized signatory of the SPD listing the details of the land and certifying that total land required for the Project is under clear possession of the SPD. b) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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 SPD shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15. g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one (1) year after Commercial Operation Date of the Project in line with Clause 24 of the RfS. h) fulfilling all obligations undertaken by the SPD under this Agreement. i) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure Detailed Procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure Detailed Procedure irrespective of the provisions of the RfS, PPA and PSA. fj) The commencement SPD shall be responsible to for directly coordinating and dealing with the corresponding Buying Utility(ies), Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of supply availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the SPD and the corresponding Buying Utility(ies) are the Grid connected entities and SECI as an Intermediary Procurer/ trading licensee is not a Grid connected entity in respect of the Solar Power contracted under this Agreement. k) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Projects under the Guidelines. The modules used in the Project shall be sourced only from the models and manufacturers included in List-I under the “Approved List of Models and Manufacturers” as published by MNRE and valid as on the date of invoicing of such modules. l) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007, and subsequent amendments and clarifications thereof, m) As part of scheduling of power up from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces of all the RLDCs concerned for the corridor of power flow, including the RLDC of the Buying Entity/Discom, as per the Regulations in force, under intimation to SECI. SECI may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on SECI. The SPD shall be solely responsible for discrepancy identification and its rectification to avoid any rejection/less payment of invoices. n) making a payment security deposit of [Insert amount @ Rs 5 Lakhs / MW] to the Contracted Capacity designated account as intimated by the SECI towards Payment Security Fund as per clause 18.2 of the RfS, which states that, “Payment Security Deposit: Prior to declaration of commissioning of first part capacity of the Project, the SPD shall furnish a Payment Security Deposit (PSD) @Rs. 5,00,000/MW (Rupees Five Lakhs/MW) to SECI no later than the SCSD and continuance through DD/NEFT/RTGS. This fund shall form part of the supply Payment Security Fund maintained by SECI for the Projects. Modalities of operationalization of the Payment Security Deposit will be notified by SECI at appropriate stage, through necessary guidelines/orders. The above amount shall be credited to SECI pro-rata to the part capacity being commissioned at that stage.” o) After signing of PPA, the SPD shall apply for drawl NOC(s) from the respective STU(s) of the State as per the power in line with Articlemapping provided by SECI.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a(i) The SPD shall be solely responsible and make Make arrangements for land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply of power by the SCSD and all clearances related thereto. b(ii) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI CESC 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Project. Any steps that may be taken by SECI CESC in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI CESC with no intention of being bound by any legal or binding obligation. c(iii) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d(iv) The SPD shall make Make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e(v) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying EntityBuyer) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA RfS and PSAPPA. f(vi) The commencement of supply of power up to the Contracted Capacity to SECI CESC no later than the SCSD and continuance of the supply of power in line with ArticleArticle 4.4 of this Agreement throughout the term of the Agreement. (vii) Owning the Project throughout the Term of Agreement free and clear of encumbrances, except creating any charge, hypothecation, mortgage, pledge, security interest or any similar interest in favour of the Project Lenders or Xxxxxx’s Representative and those expressly permitted under Article 15. (viii) Maintaining minimum 51% (fifty one percent) shareholding of the SPD prevalent at the time of signing of PPA up to a period of 1 (one) year after the SCSD in line with Clause 20 of the RfS; (ix) Fulfilling all obligations undertaken by the SPD under this Agreement and also as per the terms of the RfS. (x) D irectly coordinating and dealing with the CESC, Load Dispatch Centres, Regional Power Committees, and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the SPD and the CESC are the Grid connected entities in respect of the Solar Power contracted under this Agreement. (xi) Fulfil the technical requirements according to criteria mentioned under Annexure B of the RfS – Technical requirement for Grid Connected Solar PV Power Projects. The modules used in the Project shall be sourced only from the models and manufacturers included in List-I under the “Approved List of Models and Manufacturers” as published by MNRE and valid as on the date of invoicing of such modules. (xii) Ensure that the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007, and subsequent amendments and clarifications thereof. (xiii) As part of scheduling of power from the Project, to punch-in its respective schedules along with subsequent revisions in such schedules under the allotted GNA quantum of the Buyer, by itself, at the interfaces of all the RLDCs concerned for the corridor of power flow, including the RLDC of the Buyer, as per the Regulations in force, under intimation to CESC. (xiv) For the Project being implemented under this Agreement, to submit the status of Project to CESC at regular intervals on monthly basis. Further, on 5th day of every calendar month, the SPD shall be required to submit the Project status as per Annexure-D of the RfS or any modified format as desired by CESC.

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land & associated infrastructure for development of the Project and for Connectivity connectivity with the ISTS System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto. b) SPD shall be required to submit documents as mentioned below prior to commissioning of the Project: Lease Agreement to establish ownership/ possession/right to use 100% (hundred per cent) of the required land in the name of the SPD for a period not less than the complete term of the PPA, on or before the Scheduled Commissioning Date (SCD). Wherever leasehold land is involved, the lease should allow transfer/ mortgage ofland lease rights to the lenders or Procurer, in case of default of the SPD.” No Objection Certificate (NoC)/Environmental Clearance (if applicable) for the Project. Forest Clearance (if applicable) for the land for the Project. Approval for Water from the concerned authority (if applicable) required for the Project. A letter from State Transmission Utility (STU)/Central Transmission Utility (CTU) [or solar power park developer, in case of selected site being a solar park] confirming technical feasibility of connectivity of the plant to STU/CTU substation. If the Project site is located in the same State as the Procurer/End Procurer, State Govt. shall endeavor to provide necessary support to facilitate the connectivity of the plant to STU/CTU substation. Any other clearances as may be legally required, in order to establish and operate the Project. c) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this AgreementAgreement is required. SECI NTPC 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 SPD shall, on his its s own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI NTPC in regard to grant of such ofsuch consents and permits or any other approval that maybe required to be taken obtained by the SPD shall only be a voluntary facilitating endeavour on the part of SECI endeavor with no intention of being bound by any legal or binding obligation. cd) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. de) the commencement of supply of power up to the Contracted Capacity to NTPC no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; f) Connecting the Power Project switchyard with the Interconnection Facilities. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect Interconnection/ Metering. g) Owning the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it Project throughout the term Term of the Agreement. It is further clarified that the Entities (SPD Agreement free and Buying Entity) as indicated in the detailed procedure issued subsequently clear of encumbrances, except those expressly permitted under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSAArticle 15. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the following: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto. b) SPD shall be required to submit documents as mentioned below prior to commissioning of the Project: • Lease Agreement to establish possession/right to use 100% (hundred per cent) of the required land in the name of the SPD for a period not less than the complete term of the PPA, on or before the Scheduled Commissioning Date (SCD). Wherever leasehold land is involved, the lease should allow transfer/ mortgage of leasehold land lease rights to the lenders or Procurer, in case of default of the SPD.” • No Objection Certificate (NoC)/Environmental Clearance (if applicable) for the Project. • Forest Clearance (if applicable) for the land for the Project. • Approval for Water from the concerned authority (if applicable) required for the Project. • A letter from State Transmission Utility (STU)/Central Transmission Utility (CTU) [or solar power park developer, in case of selected site being a solar park] confirming technical feasibility of connectivity of the plant to STU/CTU substation. If the Project site is located in the same State as the Procurer/End Procurer, State Govt. shall endeavor to provide necessary support to facilitate the connectivity of the plant to STU/CTU substation. c) Obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI DVC 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 SPD shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI DVC in regard to grant of such consents and permits or any other approval that may be required to be taken obtained by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. cd) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. de) the commencement of supply of power up to the Contracted Capacity to DVC no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; f) connecting the Power Project switchyard with the Interconnection Facilities. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect Interconnection/ Metering. g) owning the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it Project throughout the term Term of the Agreement. It is further clarified that the Entities (SPD Agreement free and Buying Entity) as indicated in the detailed procedure issued subsequently clear of encumbrances, except those expressly permitted under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSAArticle 15. f) The commencement of supply of power up to the Contracted Capacity to SECI no later than the SCSD and continuance of the supply of power in line with Article

Appears in 1 contract

Samples: Power Purchase Agreement

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for the followingfor: a) The SPD shall be solely responsible and make arrangements for land Land & associated infrastructure for development of the Project and for Connectivity with the ISTS STU System for confirming the availability of power system required for supply evacuation of power by the SCSD Scheduled Commissioning date and all clearances related thereto.; The SPD shall furnish the necessary documents to establish possession in the name of the Project Developer of the required land/ Lease Agreement; b) Obtaining obtaining all Consents, Clearances (including Environmental clearance, if applicable) and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. SECI 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, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the Projectproject. Any steps that may be taken by SECI in regard to grant of such consents and permits or any other approval to be taken by the SPD shall only be a voluntary facilitating endeavour on the part of SECI with no intention of being bound by any legal or binding obligation. c) Designingdesigning, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent Utility Practices. d) the commencement of supply of power up to the Contracted Capacity to SECI no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement; e) connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point. The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities at Interconnection / Metering / Delivery Point to connect the Power project switchyard with the Interconnection facilities at the Delivery Point. e) Obtaining Connectivity and executing connectivity agreement as per provision of GNA regulation issued by CERC, for evacuation of the Contracted Capacity and maintaining it throughout the term of the Agreement. It is further clarified that the Entities (SPD and Buying Entity) as indicated in the detailed procedure issued subsequently under the Central Electricity Regulatory Commission (Connectivity and General Network Access to the inter-State Transmission System) Regulations, 2022, will be responsible for their respective obligation as notified in the detailed procedure irrespective of the provisions of the RfS, PPA and PSA. f) The commencement owning the Power Project throughout the Term of supply Agreement free and clear of power encumbrances, except those expressly permitted under Article 15; g) maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to the Contracted Capacity to SECI no later than the SCSD and continuance a period of one (1) year after Commercial Operation Date of the supply Project; However transfer of power in line controlling shareholding within the same Group Companies will be allowed with Articlethe permission of SECI after COD subject to the condition that the management control remains within the same Group Companies; and

Appears in 1 contract

Samples: Power Purchase Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!