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: a) obtaining all Consents, Clearances and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; and b) 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 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; e) owning the Power Project throughout the Term of Agreement free and 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 one (1) year after Commercial Operation Date of the Project; 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

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; and b) 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 SECI MAHAGENCO 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; e) owning the Power Project throughout the Term of Agreement free and 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 one (1) year after Commercial Operation Date of the Project; , in line with provisions of the RfS document. However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI MAHAGENCO after COD subject to the condition that the management control remains within the same Group Companies; and;

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining a. Procurement of Land & associated infrastructure for development of the Project, Connectivity with the CTU System and all clearances related thereto; and b. Obtaining solely at its cost and responsibility all Consents, Clearances 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; and b) 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.; and c) d. the commencement of supply of power up to the Contracted Capacity to SECI no NTPC not later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement;; and d) e. connecting the Power Project switchyard with the ISTS connected Interconnection Facilities at the Delivery Interconnection/Delivery/Metering Point;; and e) f. owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15;; and f) maintaining its controlling g. The SPD shall have the same shareholding pattern as that indicated in the Consortium Agreement given at the time of submission of response to RfS. This shall not change till the signing of PPA and the Controlling Shareholding (controlling shareholding shall mean more held by the Lead Member holding not less than 5051% of the voting rights and paid-paid up share capital) prevalent at the time shall not change from submission deadline of signing of PPA response to RfS up to a period of one three (103) year after Commercial Operation Date the COD of the Project; However transfer . Transfer of controlling shareholding within the same Group Companies group of companies will however be allowed after COD with the permission of SECI after COD NTPC, subject to the condition that that, the management control remains within the same Group Companies; andgroup of companies.

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances 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; and b) 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.; and 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;; and e) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; f) maintaining its controlling shareholding (controlling shareholding shall mean more not less than 5051% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA in the Company/Consortium developing the project up to a period of one (1) year after Commercial Operation Date of the Project; Date. However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after even before one year period from COD subject to the condition that the management control remains within the same Group Companies; and g) fulfilling all obligations undertaken by the SPD under this Agreement.

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining Procurement of Land & associated infrastructure for development of the Project, Connectivity with the CTU System and all clearances related thereto; and b) Obtaining solely at its cost and responsibility all Consents, Clearances 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; and bc) 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.; and cd) the commencement of supply of power up to the Contracted Capacity to SECI NTPC no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement;; and de) connecting the Power Project switchyard with the ISTS connected Interconnection Facilities at the Delivery Interconnection/Delivery/Metering Point;; and ef) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15;; and fg) maintaining its controlling The SPD shall have the same shareholding pattern as that indicated in the Consortium Agreement given at the time of submission of response to RfS. This shall not change till the signing of PPA and the Controlling Shareholding (controlling shareholding shall mean more held by the Lead Member holding not less than 5051% of the voting rights and paid-paid up share capital) prevalent at the time shall not change from submission deadline of signing of PPA response to RfS up to a period of one three (103) year after Commercial Operation Date the COD of the Project; However transfer . Transfer of controlling shareholding within the same Group Companies group of companies will however be allowed after COD with the permission of SECI after COD NTPC, subject to the condition that that, the management control remains within the same Group Companies; andgroup of companies.

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances 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; and b) 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.; and c) the commencement of supply of power up to the Contracted Capacity to SECI XXXX 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;; and e) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; f) maintaining its controlling shareholding (controlling shareholding shall mean more not less than 5051% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA in the Company/Consortium developing the project up to a period of one (1) year after Commercial Operation Date of the Project; Date. However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after even before one year period from COD subject to the condition that the management control remains within the same Group Companies; and g) fulfilling all obligations undertaken by the SPD under this Agreement.

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances 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; and b) 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.; and c) the commencement of supply of power up to the Contracted Capacity to SECI OFC, KANPUR 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;; and e) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; f) maintaining its controlling shareholding (controlling shareholding shall mean more not less than 5051% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA in the Company/Consortium developing the project up to a period of one (1) year after Commercial Operation Date of the Project; Date. However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of SECI after even before one year period from COD subject to the condition that the management control remains within the same Group Companies; and g) fulfilling all obligations undertaken by the SPD under this Agreement.

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; and b) 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 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; e) owning the Power Project throughout the Term of Agreement free and 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 one (1) year after Commercial Operation Date of the Project; , in line with provisions 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;

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances 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; and b) 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.; and 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;Point/ Designated substation as specified by the SPIA; and e) owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article 15; f) maintaining its controlling shareholding (controlling shareholding shall mean more not less than 5051% of the voting rights and paid-up share capital) prevalent at on the time of signing Effective Date of PPA in the Company/Consortium developing the project up to a period of one (1) year after Commercial Operation Date of the Project; COD. 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 g) fulfilling all obligations undertaken by the SPD under this Agreement.

SPD’s Obligations. 4.1.1 The SPD undertakes to be responsible, at SPD’s own cost and risk, for: a) obtaining all Consents, Clearances and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement; and b) 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 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; e) owning the Power Project throughout the Term of Agreement free and 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 one (1) year after Commercial Operation Date of the Project; 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;