Common use of Offtake constraints due to Backdown Clause in Contracts

Offtake constraints due to Backdown. The SPD and the Buying Entity shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity shall pay to the SPD, a Minimum Generation Compensation, from the Procurer, in the manner detailed below: Duration of Backdown Provision for Generation Compensation Hours of Backdown during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X PPA Tariff] Where, Average Generation per hour during the month (kWh)=Total generation during the month (kWh) ÷ Total hours of generation in the month

Offtake constraints due to Backdown. The SPD (a) Power Producer and the Buying Entity GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-must- run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-non- compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a Minimum Generation Compensation = monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Month (kWh)=Total kWh) = Total generation during in the month Month (kWh) ÷ Total hours of generation in the monthMonth.

Offtake constraints due to Backdown. The SPD Power Producer and the Buying Entity GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of monthly billing cycle. [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Contract Year (kWh)=Total kWh) = Total generation during in the month Contract Year (kWh) ÷ Total hours of generation in the monthContract Year.

Offtake constraints due to Backdown. The SPD Power Producer and the Buying Entity GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Contract Year (kWh)=Total kWh) = Total generation during in the month Contract Year (kWh) ÷ Total hours of generation in the monthContract Year.

Offtake constraints due to Backdown. The SPD (a) Power Producer and the Buying Entity GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-must- run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-non- compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Month (kWh)=Total kWh) = Total generation during in the month Month (kWh) ÷ Total hours of generation in the monthMonth.

Offtake constraints due to Backdown. The SPD Power Producer and the Buying Entity GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-23/22/2019- R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Month (kWh)=Total kWh) = Total generation during in the month Month (kWh) ÷ Total hours of generation in the monthMonth.

Offtake constraints due to Backdown. The SPD Solar Power Generator and the Buying Entity Procurer shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate Commission. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for status of “must-run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-compliance with “Order No. 23/22/2019-23/22/2019- R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Solar Power Generator shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the Procurer, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Adjustments Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of back down hours during the month) × PPA Tariff] Where, Average Generation per hour during the month (kWh)=Total kWh) = Total generation during in the month (kWh) ÷ Total hours of generation in the month

Offtake constraints due to Backdown. The SPD (a) Power Producer and the Buying Entity GUVNL shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-must- run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-non- compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Contract Year (kWh)=Total kWh) = Total generation during in the month Contract Year (kWh) ÷ Total hours of generation in the monthContract Year.

Offtake constraints due to Backdown. The SPD (a) Power Producer and the Buying Entity XXXXX shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-must- run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-non- compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a Minimum Generation Compensation = monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Month (kWh)=Total kWh) = Total generation during in the month Month (kWh) ÷ Total hours of generation in the monthMonth.

Offtake constraints due to Backdown. The SPD (a) Power Producer and the Buying Entity XXXXX shall follow the forecasting and scheduling process as per the regulations in this regard by the Appropriate CommissionGERC. The Government of India, as per Clause 5.2(u) of the Indian Electricity Grid Code (IEGC), provides for encourages a status of “must-must- run” to solar power projects. Accordingly, no solar power plant, duly commissioned, should be directed to back down by a Discom/ Load Dispatch Centre (LDC). In case such eventuality of Backdown arises, including non-dispatch of power due to non-non- compliance with “Order No. 23/22/2019-R&R dated 28.06.2019 of Ministry of Power regarding Opening and maintaining of adequate Letter of Credit (LC) as Payment Security Mechanism under Power Purchase Agreements by Distribution Licensees” and any clarifications or amendment thereto, except for the cases where the Backdown is on account of events like consideration of grid security or safety of any equipment or personnel or other such conditions, the Buying Entity Power Producer shall pay to the SPD, be eligible for a Minimum Generation Compensation, from the ProcurerGUVNL, in the manner detailed below: . Duration of Backdown Back down Provision for Generation Compensation Hours of Backdown Back down during a monthly billing cycle. Minimum Generation Compensation = 100% of [(Average Generation per hour during the month) X × (number of Back down hours during the month)]X PPA Tariff] Tariff Where, Average Generation per hour during the month Month (kWh)=Total kWh) = Total generation during in the month Month (kWh) ÷ Total hours of generation in the monthMonth.