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 generated and duly discharge the payment obligation arising therefrom. 2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity. 2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement. 2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 5 contracts
Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement
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. of 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 timethereafter.
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 BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: :
2.8.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’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 the Buying Entity Utility from its obligation to pay in full to SECI for the obligation for the purchase of Solar Power solar power as per Schedule-A & B Schedule 3 of this Agreement and any other outstanding payment liability of the Buying Entity Utility 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.Utility
Appears in 4 contracts
Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement
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. of 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 timethereafter.
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 BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: :
2.8.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’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 generated and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.Utility
Appears in 3 contracts
Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement
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 Hybrid Power of the Buying Utility in case of:
a. of 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 timethereafter.
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 BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: :
2.8.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’s allocation of the solar hybrid power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD HPD shall have the right to divert the Solar 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; 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 Hybrid 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 generated and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Hybrid Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD HPD for usage by the Buying Entity.Utility
Appears in 2 contracts
Samples: Power Sale Agreement, Power Sale Agreement
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 generated and duly discharge the payment obligation arising therefrom.. (applicable in case of STU connected Projects)
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 2 contracts
Samples: Power Sale Agreement, Power Sale Agreement
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 Hybrid Power of the Buying Utility Entity in case of:
a. Default in making payment by the 15th day after the Due Date of the Buying UtilityEntity.
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 hybrid power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD HPD shall have the right to divert the Solar 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; 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 Hybrid 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 generated and duly discharge the payment obligation arising therefrom.. (applicable in case of STU connected Projects)
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Hybrid Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD HPD for usage by the Buying Entity.
Appears in 2 contracts
Samples: Power Sale Agreement, Power Sale Agreement
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. of 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 timethereafter.
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 EntityUtility’s allocation of the solar power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD RPD shall have the right to divert the Solar FDRE 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 . The amount realized from the diversion and sale rights of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this clause is without prejudice to other rights provided under the Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 2 contracts
Samples: Power Sale Agreement, Power Sale Agreement
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 Wind Power of the Buying Utility in case of:
a. of 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 timethereafter.
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 BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: :
2.8.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’s allocation of the solar wind power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD WPD shall have the right to divert the Solar 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; 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 Wind 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 generated and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Wind Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD WPD for usage by the Buying Entity.Utility
Appears in 2 contracts
Samples: Power Sale Agreement, Power Sale Agreement
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 availability of Solar Power of the XXXX Capacity to the Buying Utility in case of:
a. of 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 XXXX Capacity 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 timethereafter.
2.8.2 Regulation of power supply XXXX Capacity 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 EntityUtility’s allocation of the solar power XXXX Capacity to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD BESSD shall have the right to divert the Solar Power XXXX Capacity 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 BESS Capacity 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 XXXX Capacity 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 and scheduling of power XXXX Capacity to the third party to whom the power XXXX Capacity 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 generated off-take XXXX Capacity and duly discharge the payment obligation arising therefrom.
2.8.4 . The amount realized from the diversion and sale rights of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this clause is without prejudice to other rights provided under the Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
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 Wind Power of the Buying Utility in case of:
a. of 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 timethereafter.
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 BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: :
2.8.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’s allocation of the solar wind power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD WPD shall have the right to divert the Solar 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; 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 the Buying Entity Utility from its obligation to pay in full to SECI for the obligation for the purchase of Solar Power wind power as per Schedule-A & B Schedule 3 of this Agreement and any other outstanding payment liability of the Buying Entity Utility 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Wind Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD WPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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. of 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 timethereafter.
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: :
2.8.4 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 EntityUtility’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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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 Entity in case of:
a. of 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 duesEntity. 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 timethereafter.
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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
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 Hybrid Power of the Buying Utility Entity in case of:
a. Default in making payment by the 15th day after the Due Date of the Buying UtilityEntity.
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 hybrid power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD HPD shall have the right to divert the Solar 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; 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 Hybrid 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Hybrid Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD HPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
Third Party Sales by SECI. 2.8.1 2.6.1 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. of 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 timethereafter.
2.8.2 2.6.2 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 BillXxxx.
2.8.3 2.6.3 In order to avoid any doubts, it is illustrated that: :
2.6.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’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 the Buying Entity Utility from its obligation to pay in full to SECI for the obligation for the purchase of Solar Power solar power as per Schedule-A & B Schedule 3 of this Agreement and any other outstanding payment liability of the Buying Entity Utility 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 2.6.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.6.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 2.6.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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 EntityUtility’s allocation of the solar power to third parties to the extent of 40% (i.e. 10/25x100). .
2.8.3 SECI/SPD RPD shall have the right to divert the Solar FDRE 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 generated and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs etc. shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD RPD for usage by the Buying EntityUtility.
Appears in 1 contract
Samples: Power Sale Agreement
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 Wind 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 EntityUtility’s allocation of the solar wind power to third parties to the extent of 40% (i.e. 10/25x100). .
2.8.3 SECI/SPD WPD shall have the right to divert the Solar 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; 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 Wind 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 generated and duly discharge the payment obligation arising therefrom.. (applicable in case of STU connected Projects)
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Wind Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD WPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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 Wind 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 EntityUtility’s allocation of the solar wind power to third parties to the extent of 40% (i.e. 10/25x100). .
2.8.3 SECI/SPD WPD shall have the right to divert the Solar 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; 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 Wind 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Wind Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD WPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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 Wind Power of the Buying Utility in case of:
a. of 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 timethereafter.
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: :
2.8.4 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 EntityUtility’s allocation of the solar wind power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD WPD shall have the right to divert the Solar 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; 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 Wind 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 generated and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Wind Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD WPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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 Wind 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 EntityUtility’s allocation of the solar wind power to third parties to the extent of 40% (i.e. 10/25x100). .
2.8.3 SECI/SPD WPD shall have the right to divert the Solar 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; 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 Wind 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Wind Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD WPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
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 availability of Solar Power of the XXXX Capacity to the Buying Utility in case of:
a. of 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 XXXX Capacity 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 timethereafter.
2.8.2 Regulation of power supply XXXX Capacity would be on pro rata basis i.e., in the ratio of amount due and unpaid to total amount due against the relevant Monthly BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: :
2.8.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’s allocation of the solar power XXXX Capacity to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD BESSD shall have the right to divert the Solar Power XXXX Capacity 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 XXXX Capacity 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 XXXX Capacity 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 and scheduling of power XXXX Capacity to the third party to whom the power XXXX Capacity 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 generated off-take XXXX Capacity and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 2.8.5 The amount realized from the diversion and sale of power XXXX capacity to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply availability of electricity XXXX Capacity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power XXXX Capacity under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
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 Hybrid Power of the Buying Utility in case of:
a. of 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 timethereafter.
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: :
2.8.4 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 EntityUtility’s allocation of the solar hybrid power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD HPD shall have the right to divert the Solar 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; 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 Hybrid 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 generated and duly discharge the payment obligation arising therefrom. The rights of SECI under this clause is without prejudice to other rights provided under the Agreement.
2.8.4 2.8.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.8.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Hybrid Power under this Agreement.
2.8.6 2.8.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD HPD for usage by the Buying Entity.Utility
Appears in 1 contract
Samples: Power Sale Agreement
Third Party Sales by SECI. 2.8.1 6.6.1 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 Entity in case of:
a. of Default in making payment by the 15th 30th 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 duesEntity. 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 timethereafter.
2.8.2 6.6.2 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 6.6.3 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 EntityUtility’s allocation of the solar power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD RPD 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 6.6.4 The amount realized gains from the diversion and sale of such power to third party over party, which shall be the difference between selling price of such power in the power exchange and above the Applicable Tariffexpense borne for such power sale including energy charges, any charges including open access transmission charges; other incidental charges and other costs shall be adjusted first against in accordance with Electricity (Late Payment Surcharge and Related Matters) Rules, 2022 and subsequent amendments thereof and the pending liability of the Buying Entity. Deficit deficit if any shall be made good by the Buying Entity.
2.8.5 Sales 6.6.5 Sale to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty five (305) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
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 Entity in case of:
a. Default in making payment by the 15th day after the Due Date of the Buying UtilityEntity.
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 RPD shall have the right to divert the Solar RTC 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 . The amount realized from the diversion and sale rights of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this clause is without prejudice to other rights provided under the Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
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. of 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 timethereafter.
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 BillXxxx.
2.8.3 In order to avoid any doubts, it is illustrated that: In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’s allocation of the solar power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD RPD 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 . The amount realized from the diversion and sale rights of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this clause is without prejudice to other rights provided under the Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
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 power of the Buying Utility Entity in case of:
a. Default in making payment by the 15th day after the Due Date of the Buying UtilityEntity.
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 RPD shall have the right to divert the Solar Power 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 generated and duly discharge the payment obligation arising therefrom.. (applicable in case of STU connected Projects)
2.8.4 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs etc. shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power power under this Agreement.
2.8.6 Further, the liability of the Buying Utility Entity to make the Tariff Payments to SECI 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 SPD RPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
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. of 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 timethereafter.
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 EntityUtility’s allocation of the solar power to third parties to the extent of 40% (i.e. 10/25x100). SECI/SPD RPD 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 . The amount realized from the diversion and sale rights of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying Entity. Deficit if any shall be made good by the Buying Entity.
2.8.5 Sales to any third party shall cease and regular supply of electricity to the Buying Entity shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this clause is without prejudice to other rights provided under the Agreement.
2.8.6 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying Entity.
Appears in 1 contract
Samples: Power Sale Agreement
Third Party Sales by SECI. 2.8.1 2.6.1 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. of 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 timethereafter.
2.8.2 2.6.2 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 BillXxxx.
2.8.3 2.6.3 In order to avoid any doubts, it is illustrated that: :
2.6.4 In the event of a bill xxxx amounting to Rs. 25 Crore is unpaid to the extent of Rs. 10 Crore00 Xxxxx, SECI XXXX would have a right to regulate and sell Buying EntityUtility’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 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 the Buying Entity Utility from its obligation to pay in full to SECI for the obligation for the purchase of Solar Power solar power as per Schedule-A & B Schedule 3 of this Agreement and any other outstanding payment liability of the Buying Entity Utility 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 generated and duly discharge the payment obligation arising therefrom.
2.8.4 2.6.5 The amount realized from the diversion and sale of power to third party over and above the Applicable Tariff, any charges including open access charges and other costs shall be adjusted first against the pending liability of the Buying EntityUtility. Deficit if any shall be made good by the Buying EntityUtility.
2.8.5 2.6.6 Sales to any third party shall cease and regular supply of electricity to the Buying Entity Utility shall commence and be restored within thirty (30) days from the date of clearing all outstanding dues payable to SECI for the Solar Power under this Agreement.
2.8.6 2.6.7 Further, the liability of the Buying Utility to make the Tariff Payments to SECI 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 SPD for usage by the Buying EntityUtility.
Appears in 1 contract
Samples: Power Sale Agreement
