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

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. 5.6.1 ESCOM4.4.1 NVVN, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Developer SPD beyond Million kWh (MU) [Insert value of energy generated corresponding to a CUF of 21% for solar PV (new Second Batch 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 SPD at the point of signing the PPA]. If for any Contract Year, it is found that the Developer SPD 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 Second Batch 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 SPD at the point of signing the PPA], on account of reasons solely attributable to the DeveloperSPD, the noncompliance non-compliance by Developer SPD shall make Developer SPD liable to pay the compensation provided in the Agreement PSA as payable to ESCOMDiscoms and shall duly pay such compensation to NVVN to enable NVVN to remit the amount to Discoms. 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 Discoms towards non-meeting of RPOs, subject to a minimum of 25% of the applicable tariff.

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 maximum CUF8 of 21% for solar PV (new projects) and maximum CUF of 2524% for solar thermal PV projects (new projects)) using trackers. 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 PV projects (new projects) using trackers 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 YearPeriod. The amount of 8 In case the Developer intends to go for tracking, the concerned ESCOM may consider maximum CUF of 24% in Solar PV technology. Subject to the condition that the Developer is required to adopt the technology for total capacity compensation shall be computed at the rate equal to the compensation payable by the ESCOM towards non-meeting of RPOsESCOM, subject to a minimum of 25% of the applicable tariff.

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 9 Insert 11KV voltage level for electricity generation capacity of less than 5 MW or 33/66/110 KV voltage level for electricity generation capacity greater than 5 MW. 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. 5.6.1 ESCOM4.4.1 NVVN, at any time during a Contract Year, shall not be obliged to purchase any additional energy from the Developer SPD 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 SPD at the point of signing the PPA]. If for any Contract Year, it is found that the Developer SPD 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 SPD at the point of signing the PPA], on account of reasons solely attributable to the DeveloperSPD, the noncompliance non- compliance by Developer SPD shall make Developer SPD liable to pay the compensation provided in the Agreement PSA as payable to ESCOMDiscoms and shall duly pay such compensation to NVVN to enable NVVN to remit the amount to Discoms. 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 Discoms towards non-meeting of RPOs, subject to a minimum of 25% of the applicable tariff.

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 maximum CUF8 of 21% for solar PV (new projects) and maximum CUF of 2524% for solar thermal PV projects (new projects)) using trackers. 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 PV projects (new projects) using trackers 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 YearPeriod. The amount of 8 In case the Developer intends to go for two axis tracking, the concerned ESCOM may consider maximum CUF of 24% in Solar PV technology. Subject to the condition that the Developer is required to adopt the technology for total capacity compensation shall be computed at the rate equal to the compensation payable by the ESCOM towards non-meeting of RPOsESCOM, subject to a minimum of 25% of the applicable tariff.

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 maximum CUF9 of 21% for solar PV (new projects) and maximum CUF of 2524% 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 9 in case the Developer intends to go for two axis tracking, the concerned ESCOM may consider maximum CUF of 24% in Solar PV technology. Subject to the condition that the Developer is required to adopt the technology for total capacity computed at the rate equal to the compensation payable by the ESCOM towards non-meeting of RPOsESCOM, subject to a minimum of 25% of the applicable tariff.