Third Party Sales by SECI. 2.8.1 Notwithstanding anything to the contrary contained in this Agreement, SECI shall be entitled to but not obligated to regulate supply of Solar Power of the Buying Utility in case of:
a. Default in making payment by the 15th day after the Due Date of the Buying Utility.
b. non-maintenance of Payment Security Mechanism as per Article 2.5, provided that advance payment of at least one month shall constitute payment security if there are no outstanding dues. SECI 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 thereafter in accordance with Electricity (Late Payment Surcharge and Related Matters) Rules, 2022 as amended and notified from time to time.
2.8.2 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 Bill.
2.8.3 In order to avoid any doubts, it is illustrated that: In the event of a bill amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore, SECI would have a right to regulate and sell Buying Entity’s allocation of the solar power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD shall have the right to divert the 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; SECI shall request the concerned SLDC/RLDC to divert such power to third party as it may consider appropriate. Provided that such sale of power to third party shall not absolve Buying Entity from its obligation to pay in full to SECI for the obligation for the purchase of Solar Power as per Schedule-A & B of this Agreement and any other outstanding payment liability of Buying Entity as per this Agreement. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement. Further, in such case, Buying Entity shall have the unconditional obligation to provide and facilitate all necessary clearances and support for the evacuation of power to the third party to whom the power is diverted and further to bear any and all incremental charges and losses including but not limited to application fee, connectivity, open access, ISTS charges & Losses, transmission, wheeling, Unscheduled Interchange, Scheduling, Reactive power, RLDC. These obligations are assumed by the Buying Entity as being necessarily arising out of the failure to draw the power generat...
Third Party Sales by SECI. 6.4 6.5.1 Notwithstanding anything to the contrary contained in this Agreement, SECI shall be entitled to but not obligated to regulate supply of Solar Power of the Buying Utility in case of Default in making payment by the 15th day after the Due Date of the Buying Utility.SECI 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 thereafter.
Third Party Sales by SECI. 6.5.1 Notwithstanding anything to the contrary contained in this Agreement, upon the occurrence of any of the following event(s), SECI shall be entitled to regulate power supply of Solar Power of the Buying Utility;
i) Default in making payment by the 7th day of the Due Date,
ii) Non-recoupment of LC by the 7th day of its operation.
iii) Non-availability of LC for operation and for its required value by the 7th day of the Due Date.
6.5.2 SECI shall issue the Notice for Regulation of Power Supply on the date above and shall give a notice of 7 days to start the regulation on the 8th day.
Third Party Sales by SECI. 6.5.1 Notwithstanding anything to the contrary contained in this Agreement, upon the occurrence of any of the following event(s), SECI shall be entitled to regulate power supply of Solar Power of the Buying Utility;
i) Default in making payment by the 7th day of the Due Date,
ii) Non-recoupment of LC by the 7th day of its operation.
iii) Non-availability of LC for operation and for its required value by the 7th day of the Due Date.
6.5.2 SECI shall issue the Notice for Regulation of Power Supply on the date above and shall give a notice of 7 days to start the regulation on the 8th 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. In case of shortfall in amount of LC available, the right to regulate shall be in the ratio of shortfall in LC maintained /available to the total amount of LC required.
6.5.4 In order to avoid any doubts, it is illustrated that:
i) In the event of a xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 00 Xxxxx, XXXX would have a right to regulate and sell Buying Utility’s allocation of the power to third parties to the extent of 40% (i.e. 10/25x100).
ii) If LC required to be opened/ maintained by Buying Utility is to the extent of Rs. 25 Crore and LC opened/maintained/available is to the extent of Rs. 15 Crore only i.e. LC available is short by Rs. 00 Xxxxx, XXXX would have a right to regulate and sell Buying Utility’s allocation of power to third parties to the extent of 40% (i.e. 10/25x100).
6.5.5 SECI shall have the right to divert the 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; SECI 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 the Buying Utility from its obligation to pay in full to SECI for the solar power as per SECI-SPD PPA and any other outstanding payment liability of the Buying Utility 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, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Utility. Deficit if any shall be made good by the Buying Utility.
6.5.8 Sales to any third party shall cease and regular supply o...
