Common use of Right to Contracted Capacity & Energy Clause in Contracts

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, 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.

Right to Contracted Capacity & Energy. 4.4.1 SECI, in at any time during a Contract Year except for the first year of operationYear, 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 SCD COD and Million kWh [Insert the value of energy generated corresponding to minus (MU-) 20% of the declared CUF] for the rest of the Term term of the Agreement, on account of reasons solely attributable to the SPD, the non- 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 Utilities and shall duly pay such compensation to SECI to enable Buyer SECI 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)Utilities . This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty compensation shall be as determined equal to the compensation payable (including RECs) by the respective Buying Utilities towards non-meeting of RPOs, if such compensation is ordered by the 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 PPACommission. 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.

Right to Contracted Capacity & Energy. 4.4.1 SECI, in at any time during a Contract Year except for the first year of operationYear, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year, 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 Scheduled Commissioning Date and ------- -- Million kWh (MU) for the rest of the Term of the Agreement, on account of reasons solely attributable to the SPD, the non- 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 Utilities and shall duly pay such compensation to SECI to enable Buyer SECI to remit the amount to Buying Entity(ies)Utilities. 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 This will, however be relaxable by Buyer SECI to the extent of grid non-availability for evacuation evacuation, which is beyond the control of the SPD (as certified by the SLDC/RLDC)SPD. 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 Appropriate Commission/Authority, and such penalty shall ensure that the Buying Entity(ies) is/Utilities 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 percentper cent) 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.

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 YearYear 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- 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-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.

Right to Contracted Capacity & Energy. 4.4.1 SECI, in at any time during a Contract Year except for the first year of operationYear, 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 +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 -15% of the declared CUF (whichever is higher)] till the end of 10 years from the SCD COD and Million kWh (MU) [Insert the value of energy generated corresponding to - 20% of the declared CUF] for the rest of the Term term of the Agreement, on account of reasons solely attributable to the SPD, the non- 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 Utilities and shall duly pay such compensation to SECI to enable Buyer SECI 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)Utilities . This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty compensation shall be as determined equal to the compensation payable (including RECs) by the respective Buying Utilities towards non- meeting of RPOs, if such compensation is ordered by the 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 PPACommission. 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.

Right to Contracted Capacity & Energy. 4.4.1 SECI, in at any time during a Contract Year except for the first year of operationYear, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year, 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 COD and Million kWh (MU) for the rest of the Term term of the Agreement, on account of reasons solely attributable to the SPD, the non- 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 Utilities and shall duly pay such compensation to SECI to enable Buyer SECI to remit the amount to Buying Entity(ies)Utilities. 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 This will, however be relaxable by Buyer SECI to the extent of grid non-availability for evacuation evacuation, which is beyond the control of the SPD (as certified by the SLDC/RLDC)developer. This compensation shall be applied to the amount of shortfall in generation during the Contract Year. The amount of such penalty compensation shall be as determined equal to the compensation payable (including RECs) by the respective Buying Utilities towards non-meeting of RPOs, if such compensation is ordered by the 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 PPACommission. 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. .

Right to Contracted Capacity & Energy. 4.4.1 SECI, in any Contract Year except for the first year of operationYear, shall not be obliged to purchase any additional energy from the SPD beyond ……….. Million kWh (MU). If for any Contract Year, 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- 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.

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 YearYear 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- 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.