Operational Years. The responsibility of operation of warranty and guarantee clauses and claims/ settlement of issues arising out of said clauses shall be responsibility of the Power Producer and Nodal Agency will not be responsible in any way for any claims whatsoever on account of the above. Type and quality of materials and workmanship: The design, engineering, manufacture, supply, installation, testing, commissioning and performance of the equipment shall be in accordance with latest/ appropriate IEC/Indian Standards as detailed in the technical specifications of this RFP or its subsequent amendments. Where appropriate Indian Standards and Codes are not available, other suitable standards and codes as approved by the MNRE/ CEA/ electricity regulators/ Nodal Agency shall be used. All the relevant test certifications must be kept valid up to one (1) Year from the COD of the Project. The specifications of the components should meet the technical specifications mentioned in this PPA. Any supplies which have not been specifically mentioned in this PPA but which are necessary during construction or Comprehensive O&M period of the Project shall be provided by the Power Producer without any extra cost and within the time schedule for efficient and smooth construction and Comprehensive O &M of the Project. Construction of control room etc. Construction of control room or any other relative civil work essential for Commissioning of Project; Additional works Additional civil, structural or electrical works which are so required/desired to be undertaken by the Procurer for the Project and which are not covered in the scope of work, shall be done by the Power Producer after obtaining concurrence of the Procurer on its design, drawing and estimate cost of such additional works shall be computed on the basis of SOR of PWD (Civil) and of DISCOM (Electrical). Cost of additional works shall be decided mutually between Power Producer and Procurer but in any case, it should not be more than cost computed based on SOR rates. A copy of cost assessed for additional work shall be submitted to [Insert Name of State Nodal Agency] for approval. Additional works may include but not limited to; Laying of additional length of cable and accessories if the complete space/rooftop provided is more than 500 mtrs away from the utility/DISCOM metering point. Requirement of additional/specific design of structure, as desired by Procurer in deviation with the design provided by the Power Producer, to accommodate solar panels on rooftop, ground or on any existing structure/ construction/body. Construction of approach to the rooftop/place of installation. Unless otherwise agreed between the Parties, the Power Producer shall not do (a) chipping of rooftop; or (b) disturb water proofing of roof (c) carry out any other modification of the Premises without the written consent of the Procurer. One time cost for strengthening of Premise to the extent required for setting up Solar PV Project during construction shall be borne by Power Producer. Any delay due to strengthening of Premise shall not be considered to extend the SCOD unless it is approved by Procurer in written. Cost of repair or maintenance of Premise to the extent required for the Solar PV Project, during the Comprehensive O &M of Project, shall be the responsibility of Power Producer, other than cost required for water proofing. The cost for water proofing will be the responsibility of Power Producer for a period of first three (3) Operational Years. In case of any ambiguity over any specific works, Power Producer and Procurer shall involve Nodal Agency to get the clarity on the additional works. Provision of sign board Power Producer will have to provide sign board of dimension 8’x4’ (M.S. sheet size 4’x3’ of 16 gauge, M.S. angle 40x40x5 mm with essential bracing & adequate grouting with PCC 1:3:6 i/c painting & writing) at each site with complete specification & matter will be provided to the Power Producer with PPA.
Appears in 1 contract
Sources: Power Purchase Agreement
Operational Years. The responsibility Power Producer shall maintain general cleanliness of area around the Project during construction and operation period, i.e., Term of warranty and guarantee clauses and claims/ settlement the PPA of issues arising out of said clauses the Project. In case any damages is caused to the equipment / facilities owned by the Procurer due to the Power Producer, the same shall be responsibility made good / rectified by the Power Producer at its risk and cost. Subject to any punch-list items which shall be agreed by the Procurer as not being material to Completion of the Project, the Power Producer agrees that it shall achieve the COD of the Project within [insert number of months in words] (XX) Months from execution of this agreement (“SCOD”). At the time of Commissioning, Procurer shall ensure that sufficient load is available at the Delivery Point(s) to ensure synchronization and drawl of power from the Project. If the Power Producer is unable to commence supply of solar power to the Procurer by the SCOD, other than for the reasons specified in ARTICLE 9: or Article 11.2 , the Power Producer shall pay to Procurer Liquidated Damages for the delay in such commencement of supply of solar power as per the RFP and/or PPA. Procurer, in coordination with Power Producer, shall ensure that all arrangements and infrastructure for transmission or/ and distribution solar power beyond the Delivery Point(s) are ready on or prior to the COD and is maintained in such state in accordance with applicable laws through the Term of PPA. Liquidated Damages In case of natural calamity or any reason beyond the control of Power Producer or unavoidable circumstances, the work is not completed within the given timeframe, Nodal Agency may consider grant of extension after the reason submitted by Power Producer are found to be satisfactory, Delay in receipt of equipment of Solar System like solar panel, PCU, etc. from the vendors, to whom the Bidder has placed order, shall not be considered as a reason for extension. If the Power Producer fails to execute the work and Commission the project on or before the SCOD, Nodal Agency shall have the right to impose penalty equivalent to X% of C-PBG value per week from the SCOD subject to maximum of [insert number of weeks in words] (XX) weeks delay. In case of delay beyond extended timeline of [insert number of weeks in words] (XX) weeks, Nodal Agency may allow Power Producer to work with additional penalty up to [insert number of weeks in words] (XX) more Weeks. Power Producer shall be required to submit additional C-PBG of XX% of earlier C-PBG value in the form as mentioned in Article 3.6.1. LD of X% of additional C-PBG per week or part thereof shall be levied on Power Producer. Cancel the PPA and Power Producer shall be liable to pay Liquidated Damages to the Nodal Agency. Liquidated Damages on non-compliance during Construction Period Liquidated Damages shall be imposed on Power Producer at the rate of X% of C-PBG per week of delay or part thereof, in case of failure of adhering in submission of details as mentioned in condition subsequent of the Power Producer and Nodal Agency will not be responsible in any way for any claims whatsoever on account of the aboveProducer. Type and quality of materials and workmanship: The design, engineering, manufacture, supply, installation, testing, commissioning and performance of the equipment shall be in accordance with latest/ appropriate IECProcurer/Indian Standards as detailed in the technical specifications of this RFP or its subsequent amendments. Where appropriate Indian Standards and Codes are not available, other suitable standards and codes as approved by the MNRE/ CEA/ electricity regulators/ Nodal Agency shall terminate PPA and forfeit the C-PBG, in case of delay beyond [insert number of weeks in words] (XX) Weeks in submission of requisite details. Power Producer shall be usedresponsible for completion of all activities mentioned in COD Schedule within the given time frame. All Power Producer shall include the relevant test certifications must detail of COD Schedule in monthly progress report. Progress in the implementation of the Project shall be kept valid up monitored by Nodal Agency for milestones mentioned in COD Schedule. Delay beyond [insert number of days in words] (XX) Days to one (1) Year from achieve any milestone mentioned in COD Schedule shall attract penalty of X% of C-PBG per week of delay or part thereof except for final milestone. Any of the COD penalty accumulated during Construction Period shall not be levied in case Commissioning will be achieved on or before SCOD. System Acceptance Testing The Power Producer shall, in the presence of designated representatives of Nodal Agency and Procurer, conduct testing of the Project, as prescribed in RFP, to establish successful Commissioning of the Project. The specifications of the components should meet the technical specifications mentioned in this PPA. Any supplies which have not been specifically mentioned in this PPA but which are necessary during construction or Comprehensive O&M period of the Project shall be provided by the Power Producer without any extra cost and within shall demonstrate that the time schedule said project delivers Capacity Utilization Factor (“CUF”) of at least XX%, adjusted for efficient and smooth construction and Comprehensive O &M seasonality as tabulated below, for one (1) day before declaration of successful Completion of the Project. Construction If the results of control room etc. Construction of control room or any other relative civil work essential for Commissioning of Project; Additional works Additional civil, structural or electrical works which are so required/desired to be undertaken by the Procurer for such testing indicate that the Project is capable of generating electrical energy and which are not covered in the scope of work, shall be done by the Power Producer after obtaining concurrence of the Procurer on its design, drawing and estimate cost of such additional works shall be computed on the basis of SOR of PWD (Civil) and of DISCOM (Electrical). Cost of additional works shall be decided mutually between Power Producer and Procurer but in any case, it should not be more than cost computed based on SOR rates. A copy of cost assessed for additional work shall be submitted to [Insert Name of State Nodal Agency] for approval. Additional works may include but not limited to; Laying of additional length of cable and accessories if the complete space/rooftop provided is more than 500 mtrs away from the utility/DISCOM metering point. Requirement of additional/specific design of structure, as desired by Procurer in deviation with the design provided by the Power Producer, to accommodate solar panels on rooftop, ground or on any existing structure/ construction/body. Construction of approach to the rooftop/place of installation. Unless otherwise agreed between the Parties, the Power Producer shall not do (a) chipping of rooftop; or (b) disturb water proofing of roof (c) carry out any other modification submit Commissioning certificate of the Premises without Project issued by the concerned Discom and/or Nodal Agency as the case may be, in accordance with the applicable rules/regulation/policies, as prescribed in RFP, Power Producer shall send a written consent notice to Nodal Agency, with a copy to Procurer, to that effect, and the date of the Procurer. One time cost for strengthening successful conducting such tests and injection of Premise to the extent required for setting up Solar PV Project during construction shall be borne by Power Producer. Any delay due to strengthening of Premise shall not be considered to extend the SCOD unless it is approved by Procurer in written. Cost of repair or maintenance of Premise to the extent required for the Solar PV Project, during the Comprehensive O &M of Project, solar power at Delivery Point(s) shall be the responsibility of Power Producer, other than cost required for water proofing“Commercial Operation Date” as certified as per RFP and/or PPA. The cost for water proofing will be the responsibility of Power Producer for a period of first three (3) Operational Years. In case of any ambiguity over any specific works, Power Producer and Procurer shall involve Nodal Agency to get the clarity on the additional works. Provision of sign board Power Producer will have to provide sign board of dimension 8’x4’ (M.S. sheet size 4’x3’ of 16 gauge, M.S. angle 40x40x5 mm with essential bracing & adequate grouting with PCC 1:3:6 i/c painting & writing) at each site with complete specification & matter will be provided to the Power Producer with PPA.Measuring CUF
Appears in 1 contract
Sources: Power Purchase Agreement