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

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 from first part capacity of the Project or full Project Capacity, whichever is earlier. 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. 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 shortfall in energy supply will be calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated above.

Right to Contracted Capacity & Energy. 4.4.1 The WPD will declare the CUF declared by of the HPD is _ [insert the amount as per SECI’s LoA]. The HPD Project and will be allowed to revise the CUF of the Project same once within first three years after the date year of commencement of power from first part capacity of the Project or full Project Capacity, whichever is earlierCOD. 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, SECIBuyer, in any Contract Year, Year except for the Contract Year ending on 31st March immediately after the date first year of commencement of power from the Projectoperation, shall not be obliged to purchase any additional energy from the HPD WPD beyond ……….. Million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs generated corresponding to CUF of 120% of the declared CUF of % for Wind Project. In case of full commissioning of the Project, for the Project or first year of operation, the modified CUF)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. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date first year of commencement of power from the Projectoperation, it is found that the HPD WPD has not been able to supply generate minimum energy amounting to …………...of Million kWh (MU) [Insert Individual MUs i.e Solar & wind value of energy components along with total MUs generated corresponding to a CUF of 90% of the declared CUF for Wind project] on account of reasons solely attributable to the project or the modified CUF], save and except in case of Force MajeureWPD, the HPD non-compliance by WPD shall be make the WPD liable to pay penalty the compensation provided in the respective PSA as payable to SECI Buying Entity(ies) by Buyer to enable SECI Buyer to remit such penalty the amount to Buying Entity(ies). The lower limit will, however be relaxable by Buyer to the Buying Entity extent of grid non availability for evacuation which is beyond the control of the developer (iessubject to certification from SLDC/RLDC). For the first year of operation of the Projectproject, the above limits annual CUF shall be considered calculated for the complete year after the date COD of commencement of power from the Project. SimilarlySubsequently, for the last annual CUF shall be calculated every year of operation from 1st April of the Project, these limits shall be considered for the complete year before the expiry of the PPAto 31st March next year. 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 This compensation shall be applied on to the amount of shortfall in generation from during the Project during any Contract Year. This penalty The amount of such compensation shall not be applicable in events of Force Majeure identified under this Agreementas determined by the Appropriate Commission/Authority, affecting and such compensation 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 HPD. It is clarified that the WPD shall be 75% (seventy-five percent) of the cost of this shortfall in energy supply will be terms, calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated aboveat PPA tariff.

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 first part capacity of the Project or full Project Capacity, whichever is earlier. 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 shortfall in energy supply will be calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated above.

Right to Contracted Capacity & Energy. 4.4.1 The WPD will declare the CUF declared by of the HPD is _ [insert the amount as per SECI’s LoA]. The HPD Project and will be allowed to revise the CUF of the Project same once within first three years after the date year of commencement of power from first part capacity of the Project or full Project Capacity, whichever is earlierCOD. 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, SECIBuyer, in any Contract Year, Year except for the Contract Year ending on 31st March immediately after the date first year of commencement of power from the Projectoperation, shall not be obliged to purchase any additional energy from the HPD WPD beyond ……….. Million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs generated corresponding to CUF of 120% of the declared CUF of % for Wind Project. In case of full commissioning of the Project, for the Project or first year of operation, the modified CUF)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. If for any Contract Year, except for the Contract Year ending on 31st March immediately after the date first year of commencement of power from the Projectoperation, it is found that the HPD WPD has not been able to supply generate minimum energy amounting to …………...of Million kWh (MU) [Insert Individual MUs i.e Solar & wind value of energy components along with total MUs generated corresponding to a CUF of 9080% of the declared CUF for Wind project] on account of reasons solely attributable to the project or the modified CUF], save and except in case of Force MajeureWPD, the HPD non-compliance by WPD shall be make the WPD liable to pay penalty the compensation provided in the respective PSA as payable to SECI Buying Entity(ies) by Buyer to enable SECI Buyer to remit such penalty the amount to Buying Entity(ies). The lower limit will, however be relaxable by Buyer to the Buying Entity extent of grid non availability for evacuation which is beyond the control of the developer (iessubject to certification from SLDC/RLDC). For the first year of operation of the Projectproject, the above limits annual CUF shall be considered calculated for the complete year after the date COD of commencement of power from the Project. SimilarlySubsequently, for the last annual CUF shall be calculated every year of operation from 1st April of the Project, these limits shall be considered for the complete year before the expiry of the PPAto 31st March next year. 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 This compensation shall be applied on to the amount of shortfall in generation from during the Project during any Contract Year. This penalty The amount of such compensation shall not be applicable in events of Force Majeure identified under this Agreementas determined by the Appropriate Commission/Authority, affecting and such compensation 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 HPD. It is clarified that the WPD shall be 75% (seventy-five percent) of the cost of this shortfall in energy supply will be terms, calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated aboveat PPA tariff.

Right to Contracted Capacity & Energy. 4.4.1 4.5.1 The CUF declared by the HPD SPD is _ [insert the amount as per SECIUPPCL’s LoA]] (“Declared Annual CUF”). The HPD SPD will be allowed to revise the Declared Annual CUF of the Project once within first three years (1st) year after the date of commencement Commencement of power Power Supply from first (1st) part capacity of the Project or full Project Capacitycapacity, whichever is earlier. Thereafter, the declared annual CUF for the Project shall remain unchanged for the entire term of the PPA. The Declared Annul CUF by the SPD shall in no event, be less than 19% (nineteen percent). In case of revision in Declared Annual CUF, the revised Declared Annual CUF shall, in no case, be lower than the originally committed value. Subsequent to commencement Commencement of power supply Power Supply from the Project, SECIUPPCL, in any Contract Year, except for the Contract Year ending on 31st March immediately after the date of commencement Commencement of power Power Supply from the Project, shall not be obliged to purchase any additional energy from the HPD SPD beyond ……….. Million million kWh (MU) ([Insert value of Individual MUs i.e Solar & wind energy components along with total MUs corresponding to CUF of 120110% of the declared Declared Annual 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 Commencement of power Power Supply from the Project, it is found that the HPD SPD has not been able to supply minimum energy amounting to …………...Million million kWh (MU) [Insert Individual MUs i.e Solar & wind energy components along with total MUs values corresponding to a CUF of 90% of the declared Declared Annual CUF for the project or the modified CUF]] till the end of PPA duration of twenty-five (25) years from the SCSD, save and except in case of Force Majeure, the HPD SPD shall be liable to pay penalty to SECI to enable SECI to remit such penalty to the Buying Entity (ies)UPPCL. For the first (1st) year of operation of the Project, the above limits shall be considered for the complete year after the date of commencement Commencement of power Power Supply from the Project. 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 shortfall in energy supply will be calculated based on the total annual energy commitments, and not on the solar and wind energy units as indicated above.