Common use of Third Party Sales by Buyer Clause in Contracts

Third Party Sales by Buyer. 6.5.1 Notwithstanding anything to the contrary contained in this Agreement, Buyer shall be entitled to but not obliged to regulate power supply of Wind Power of Buying Entity in case of Default in making payment by the 15th day of the Due Date by Buying Entity. 6.5.2 Buyer shall issue the Notice for Regulation of Power Supply on the date above and shall give a notice of 15 days to start the regulation on the 16th day. 6.5.3 Regulation of Power Supply would be on pro rata basis i.e., in the ratio of amount due and unpaid to total amount due against the relevant Monthly Xxxx. 6.5.4 In order to avoid any doubts, it is illustrated that: In the event of a xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore, Buyer would have a right to regulate and sell Buying Entity’s allocation of the power to third parties to the extent of 40% (i.e. 10/25x100). 6.5.5 Buyer/WPD shall have the right to divert the Wind Power or part thereof and sell it to any third party namely; i) Any consumer, subject to applicable Law; or ii) Any licensee under the Act; Buyer shall request the concerned SLDC/RLDC to divert such power to third party as it may consider appropriate. 6.5.6 Provided that such sale of power to third party shall not absolve Buying Entity from its obligation to pay in full to Buyer for the wind power as per Schedule-3 of this Agreement and any other outstanding payment liability of Buying Entity as per this Agreement. 6.5.7 The amount realized from the diversion and sale of power to third party shall be first adjusted against the pending liability of Buying Entity including open access/RLDC/SLDC charges etc. & any other costs and the deficit if any shall be made good by Buying Entity. 6.5.8 Sales to any third party shall cease and regular supply of electricity to Buying Entity shall commence and be restored within seven (7) days from the date of clearing all outstanding dues payable to Buyer for the Wind Power under this Agreement. 6.5.9 Further, the liability of Buying Entity to make the Tariff Payments to Buyer as per Energy Accounts shall start from the day of such restoration of supply of power and shall continue for such periods wherein such power was made available by WPD for usage by Buying Entity.

Third Party Sales by Buyer. 6.5.1 Notwithstanding anything to the contrary contained in this Agreement, Buyer shall be entitled to but not obliged to regulate power supply of Wind Solar Power of Buying Entity in case of Default in making payment by the 15th 30th day of the Due Date by Buying Entity. 6.5.2 Buyer shall issue the Notice for Regulation of Power Supply on the date above and shall give a notice of 15 days to start the regulation on the 16th day. 6.5.3 Regulation of Power Supply would be on pro rata basis i.e., in the ratio of amount due and unpaid to total amount due against the relevant Monthly Xxxx. 6.5.4 In order to avoid any doubts, it is illustrated that: In the event of a xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore, Buyer would have a right to regulate and sell Buying Entity’s allocation of the power to third parties to the extent of 40% (i.e. 10/25x100). 6.5.5 Buyer/WPD SPD shall have the right to divert the Wind Solar Power or part thereof and sell it to any third party namely; i) Any consumer, subject to applicable Law; or ii) Any licensee under the Act; Buyer shall request the concerned SLDC/RLDC to divert such power to third party as it may consider appropriate. 6.5.6 Provided that such sale of power to third party shall not absolve Buying Entity from its obligation to pay in full to Buyer for the wind power Solar Power as per Schedule-3 of this Agreement and any other outstanding payment liability of Buying Entity as per this Agreement. 6.5.7 The amount realized from the diversion and sale of power to third party over and above the trading margin, open access charges and costs/RLDC/SLDC etc. shall be adjusted first adjusted against the pending liability of Buying Entity including open access/RLDC/SLDC charges etc. & any other costs and the deficit if any shall be made good by Buying Entity. 6.5.8 Sales to any third party shall cease and regular supply of electricity to Buying Entity shall commence and be restored within seven (7) days from the date of clearing all outstanding dues payable to Buyer for the Wind Solar Power under this Agreement. 6.5.9 Further, the liability of Buying Entity to make the Tariff Payments to Buyer as per Energy Accounts shall start from the day of such restoration of supply of power and shall continue for such periods wherein such power was made available by WPD SPD for usage by Buying Entity.

Third Party Sales by Buyer. 6.5.1 Notwithstanding anything to the contrary contained in this Agreement, Buyer shall be entitled to but not obliged to regulate power supply of Wind Power hybrid power of Buying Entity in case of Default default in making payment by the 15th day of the Due Date by Buying Entity. 6.5.2 Buyer shall issue the Notice for Regulation of Power Supply on the date above and shall give a notice of 15 days to start the regulation on the 16th day. 6.5.3 Regulation of Power Supply power supply would be on pro rata basis i.e., in the ratio of amount due and unpaid to total amount due against the relevant Monthly Xxxx. 6.5.4 In order to avoid any doubts, it is illustrated that: In the event of a xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Rs.10 Crore, Buyer would have a right to regulate and sell Buying Entity’s allocation of the power to third parties to the extent of 40% (i.e. 10/25x100). 6.5.5 Buyer/WPD HPD shall have the right to divert the Wind Power hybrid power or part thereof and sell it to any third party namely; i) Any consumer, subject to applicable Law; or ii) Any licensee under the Act; Buyer shall request the concerned SLDC/RLDC to divert such power to third party as it may consider appropriate. 6.5.6 Provided that such sale of power to third party shall not absolve Buying Entity from its obligation to pay in full to Buyer for the wind hybrid power as per Schedule-3 of this Agreement and any other outstanding payment liability of Buying Entity as per this Agreement. 6.5.7 The amount realized from the diversion and sale of power to third party over and above the trading margin, open access charges and costs/RLDC/SLDC etc. shall be adjusted first adjusted against the pending liability of Buying Entity including open access/RLDC/SLDC charges etc. & any other costs and the deficit if any shall be made good by Buying Entity. 6.5.8 Sales to any third party shall cease and regular supply of electricity to Buying Entity shall commence and be restored within seven (7) days from the date of clearing all outstanding dues payable to Buyer for the Wind Power under this Agreement. 6.5.9 Further, the liability of Buying Entity to make the Tariff Payments to Buyer as per Energy Accounts shall start from the day of such restoration of supply of power and shall continue for such periods wherein such power was made available by WPD HPD for usage by Buying Entity.