Right to Contracted Capacity & Energy. 4.4.1 The SPD will declare the CUF of the project and will be allowed to revise the same once within first year after COD of the project. Thereafter, the CUF for the Project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of Solar panels and associated infrastructure(like project equipment)as may be necessary to achieve the required CUF, and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. Further, arrangement of extra land for such installation shall be intimated to MSPDCL in advance and MSPDCL shall have to reply for the same in 7 days in the best interest of the project generation. However,non- availability of land shall not absolve SPD from his obligations under the PPA. SPD shall maintain generation so as to achieve annual CUF within + 10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15%, and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years. The lower limit will, however, be relaxable by MSPDCL to the extent of non-availability of grid for evacuation which is beyond the control of the SPD. The annual CUF will be calculated every Contract Year. The compensation due to shortfall in generation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including equivalent amount of Electricity purchased from the grid for meeting load demand due to short fall in solar power) by the buying Entity, which shall ensure that the buying Entity is offset for all potential costs associated with low generation and supply of power under the PPA, subject to a minimum of 50% (fifty per cent) of the cost of this shortfall in energy terms, calculated at PPA tariff. The amount, being equal to the compensation payable, by the buying Entity for not meeting load requirements is only a measure of damage. It shall not be construed that the compensation is payable by SPD only if the buying Entity are required to pay compensation for such not meeting of load requirements or that the buying Entity or the SPD shall be required to prove or establish such payment of compensa...
Right to Contracted Capacity & Energy. 4.3.1 PGVCL, in any Contract Year shall not be obliged to purchase any additional energy from the SPG beyond the contract capacity. If for any Contract Year except for the first year of operation, it is found that the SPG has not been able to generate and supply minimum energy of KWH (Units) (corresponding to 19% minimum CUF) for Feeder level Solar plant during the term of the agreement, on account of reasons solely attributable to the SPG, the non-compliance by SPG shall make the SPG liable to pay the compensation. PGVCL shall not be obliged to purchase energy in excess of maximum CUF of 30% during any contract year. If _PGVCL decides to purchase the excess energy beyond CUF of 30%, the payments for such excess energy shall be made at 75% of the PPA tariff. For the first year of operation, the above limits shall be considered on pro-rata basis. The lower limit will, however be relaxable by PGVCL to the extent of grid non-availability for evacuation which is beyond the control of the SPG.
Right to Contracted Capacity & Energy. 4.4.1 SECI, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond Million kWh (MU) [Insert value of energy generated corresponding to 18.7% or plus (+) 10% of the declared annual CUF (whichever is higher) for solar PV (Phase-II Batch-I) projects]. If for any Contract Year, it is found that the SPD has not been able to generate minimum energy of Million kWh (MU) [Insert the value of energy generated corresponding to a CUF of 15% or minus (-) 15% of the declared CUF (whichever is higher)] till the end of 10 years from the COD and [Insert the value of energy generated corresponding to minus (-) 20% of the declared CUF] for the rest of the term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make SPD liable to pay the compensation provided in the PSA as payable to Buying Utilities and shall duly pay such compensation to SECI to enable SECI to remit the amount to Buying Utilities . This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be equal to the compensation payable (including RECs) by the Buying Utilities towards non-meeting of RPOs, if such compensation is ordered by the State Commission. However, this compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.
Right to Contracted Capacity & Energy. 5.6.1 ESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a CUF of 21% for solar PV (new projects) and CUF of 25% for solar thermal projects (new projects). Provided that in case of solar projects using advanced technologies, the value of CUF shall be the average CUF committed by the Developer at the point of signing the PPA]. If for any Contract Year, it is found that the Developer has not been able to generate minimum energy of Million kWh (MU) [Insert value of energy generated corresponding to a CUF of 12% for solar PV (new projects) and CUF of 16% for solar thermal projects (new projects) and further provided that in case of solar projects using advanced technologies, the value of CUF shall be 7% below the average CUF committed by the Developer at the point of signing the PPA], on account of reasons solely attributable to the Developer, the noncompliance by Developer shall make Developer liable to pay the compensation provided in the Agreement as payable to ESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of compensation shall be computed at the rate equal to the compensation payable by the ESCOM towards non-meeting of RPOs, subject to a minimum of 25% of the applicable tariff.
Right to Contracted Capacity & Energy. ESCOM, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%.12 If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of Million kWh (MU) [Insert value of energy generated corresponding to a Minimum CUF i.e. Maximum CUF mentioned by bidder at the time of PPA signing minus 12%13 for solar PV (new projects), on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to ESCOM. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of 11 Addendum-1 to the original tender, dated 06 Feb 2018 12 Addendum-2 dated 26 Feb 2018 of Re-called tender 13 Addendum-2 dated 26 Feb 2018 of Re-called tender compensation shall be computed at the rate equal to the compensation payable by the ESCOM, subject to a minimum of 50% of the applicable tariff. In case of purchase of any excess energy, Purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA14 for solar PV (new projects), shall be charged at a rate equivalent to 75% of PPA tariff or 75% of the applicable APPC charges (as published by KERC), whichever is less, provided first right of refusal will vest with the ESCOMs. In case of repowering, The Solar Power Developer shall be free to re-power their plants from time to time during the PPA duration. For repowering, the purchase of any excess energy, beyond the energy generated corresponding to a maximum CUF as mentioned by the Solar Power Developer during the signing of PPA15 for solar PV (new projects), shall be charged at a rate equivalent to 75% of Effective Tariff or 75% of applicable APPC charges, whichever is minimum, provided first right of refusal will vest with the ESCOMs. In case of off-take constraint due to transmission infrastructure or grid unavaialbility, No compensation shall be provided towards any offtake constraints due to transmission infrastructure or grid unavailability. For part commissioning, Part commissioning shall mean commissioning of a threshold capacity of 30 MWAC and ca...
Right to Contracted Capacity & Energy. 4.4.1 Procurer, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPD beyond the contracted capacity. SPD has declared annual CUF % for the Project at the time of submission of response to RfS. The SPDs is allowed to revise the annual CUF---------% once within first year of COD. Thereafter, the CUF for the project shall remain unchanged for the entire term of the PPA. The declared annual CUF shall in no case be less than 17%. It shall be the responsibility of the SPD, entirely at its cost and expense to install such number of solar panel and associated equipment (including arrangement of extra land for such installation) as may be necessary to achieve the required CUF and for this purpose SPD shall make its own study and investigation of the GHI and other factors prevalent in the area which have implication on the quantum of generation. SPD shall maintain generation so as to achieve annual CUF within +10% and -15% of the declared value till the end of 10 years from COD, subject to the annual CUF remaining minimum of 15% and within +10% and -20% of the declared value of the annual CUF thereafter till the end of the PPA duration of 25 years The annual CUF will be calculated every year form 1st April of the year to 31st march next year. If for any contract year it is found that the SPD has not been able to generate minimum energy corresponding to the value of annual CUF within the permissible lower limit of CUF declared by the SPD, on account of reasons primarily attributable to the SPD, such shortfall in performance shall make the SPD liable to pay the compensation to procurer equal to 25% of the cost of this shortfall in energy terms, calculated at PPA Tariff.”
Right to Contracted Capacity & Energy. APDCL, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Solar Power Developer beyond Million kWh (MU) [Insert value of energy generated corresponding to a maximum CUF for solar PV (new projects)] at maximum CUF of ……%. If for any Contract Year, it is found that the Solar Power Developer has not been able to generate minimum energy of 1.278 Million kWh (MU) at a CUF of 14.59% [i.e., CUF 16.21% - 10% of 16.21%], on account of reasons solely attributable to the Solar Power Developer, the noncompliance by Solar Power Developer shall make Solar Power Developer liable to pay the compensation provided in the Agreement as payable to APDCL. This compensation shall be applied to the amount of shortfall in generation during the Contract Period. The amount of compensation shall be computed at the rate equal to the compensation payable by the SPD, subject to a minimum of 25% of the PPA tariff. This compensation shall be applied to the amount of shortfall in generation during the year. However, this compensation shall not be applicable in events of Force Majeure identified under PPA.
Right to Contracted Capacity & Energy. 4.4.1 The CUF declared by the HPD is _ [insert the amount as per SECI’s LoA]. The HPD will be allowed to revise the CUF of the Project once within first three years after the date of commencement of power supply from full Project Capacity. In case of revision in CUF, the revised CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement of power supply from the Project, SECI, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, shall not be obliged to purchase any additional energy from the HPD beyond Million kWh (MU) (Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120% of the declared CUF for the Project or the modified CUF). If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement of power from the Project, it is found that the HPD has not been able to supply minimum energy amounting to Million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs corresponding to a CUF of 90% of the declared CUF for the project or the modified CUF], save and except in case of Force Majeure, the HPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies). For the first year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement of power from the Project. Subsequently, the annual CUF will be calculated every year from 1st April of the year to 31st March next year. Similarly, for the last year of operation of the Project, these limits shall be considered for the complete year before the expiry of the PPA. The lower limit will, however, be relaxable by Buyer to the extent of Generation Compensation due to grid non-availability to the Project for evacuation which is beyond the control of the HPD as determined under provisions of Article 4.10.1. The amount of such penalty will be equal to 1.5 times the Applicable Tariff for the shortfall in energy terms, which in turn, shall be remitted to the Buying Entity. The penalty as per above shall be applied on the amount of shortfall in generation from the Project during any Contract Year. This penalty shall not be applicable in events of Force Majeure identified under this Agreement, affecting supply of power by HPD. It is clarified that the s...
Right to Contracted Capacity & Energy. 4.6.1 Procurer, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the SPP beyond the contracted capacity. With a minimum CUF of 21%. If during any contract year, it is found that SPP has not been able to generate minimum energy --------- Million kWh (MU) on account of solely attributable to SPP, the non-compliance by SPP shall pay such compensation to procurers.
Right to Contracted Capacity & Energy. 4.4.1 SECI, in any Contract Year except for the first year of operation, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year except for the first year of operation, it is found that the SPD has not been able to generate minimum energy of …...Million kWh (MU) till the end of 10 years from the SCD and ………….. Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non-compliance by SPD shall make the SPD liable to pay the compensation provided in the respective PSA as payable to Buying Entity(ies) by Buyer to enable Buyer to remit the amount to Buying Entity(ies). For the first year of operation, the above limits shall be considered on pro-rata basis. In case of part commissioning of the Project, the above limits shall be considered on pro-rata basis till the commissioning of full capacity of the Project. The lower limit will, however be relaxable by Buyer to the extent of grid non-availability for evacuation which is beyond the control of the SPD (as certified by the SLDC/RLDC). This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty shall be as determined by the respective State Electricity Regulatory Commission of the corresponding Buying Entity/ any such Authority, and such penalty shall ensure that the Buying Entity(ies) is/are offset for all potential costs associated with low generation and supply of power under the PPA. However, the minimum compensation payable to SECI by the SPD shall be 25% (twenty-five percent) of the cost of this shortfall in energy terms, calculated at PPA tariff. This compensation shall not be applicable in events of Force Majeure identified under PPA with SECI affecting supply of solar power by SPD.
