Hydrogen Purchase Agreement Template for Austria

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Key Requirements PROMPT example:

Hydrogen Purchase Agreement

"I need a Hydrogen Purchase Agreement under Austrian law for the supply of green hydrogen from our production facility in Linz to a steel manufacturer, with delivery starting March 2025, annual quantity of 10,000 tonnes, and specific carbon intensity requirements below 2kg CO2e/kg H2."

Document background
The Hydrogen Purchase Agreement (HPA) is a specialized commercial contract used to formalize the sale and purchase of hydrogen between producers/suppliers and commercial/industrial buyers in Austria. This document is particularly relevant in the context of Austria's energy transition and industrial decarbonization efforts, incorporating both EU-wide and Austrian-specific regulatory requirements. The agreement typically includes detailed provisions for hydrogen specifications, delivery conditions, pricing mechanisms, quality control procedures, and compliance with safety regulations. It is especially important for green hydrogen projects and industrial applications where specific purity levels and carbon intensity requirements must be met. The HPA addresses key commercial terms while ensuring compliance with Austrian commercial law, EU energy regulations, and relevant technical standards for hydrogen handling and safety.
Suggested Sections

1. Parties: Identification and details of the seller and buyer

2. Background: Context of the agreement, including brief description of parties' businesses and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Sale and Purchase Obligation: Core obligations regarding the sale and purchase of hydrogen, including take-or-pay provisions if applicable

5. Quantity and Nominations: Specified quantities, minimum/maximum volumes, and nomination procedures

6. Quality Specifications: Required hydrogen quality specifications and testing procedures

7. Delivery Point and Title Transfer: Specification of delivery point(s) and transfer of title and risk

8. Price and Payment: Pricing mechanism, payment terms, invoicing, and payment security

9. Term and Termination: Duration of agreement, renewal options, and termination rights

10. Transportation and Storage: Responsibilities for transportation and any storage requirements

11. Health, Safety, and Environment: HSE requirements and compliance obligations

12. Force Majeure: Force majeure events and consequences

13. Liability and Indemnification: Liability limitations and indemnification obligations

14. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms

15. Confidentiality: Confidentiality obligations and permitted disclosures

16. Boilerplate Provisions: Standard contractual provisions including notices, amendments, assignment, etc.

Optional Sections

1. Carbon Intensity Requirements: Used when specific carbon intensity levels for hydrogen production must be met, particularly for green hydrogen contracts

2. Guarantee of Origin: Include when tracking and certifying the origin and production method of hydrogen is required

3. Infrastructure Development: Required when new infrastructure needs to be developed for delivery

4. Interim Supply Solutions: Include when temporary supply arrangements are needed during infrastructure development

5. Government Subsidies and Support: Include when the project relies on or is eligible for government support schemes

6. Capacity Reservation: Used when buyer requires dedicated production capacity

7. Credit Support: Include when additional financial security is required from either party

8. Change in Law: Detailed provisions for handling regulatory changes, particularly important in emerging hydrogen markets

Suggested Schedules

1. Technical Specifications: Detailed hydrogen quality specifications and testing methods

2. Pricing Mechanism: Detailed pricing formulae, adjustments, and examples

3. Nomination and Scheduling Procedures: Detailed procedures for quantity nominations and scheduling

4. Measurement and Testing: Technical requirements for measurement and testing equipment and procedures

5. Delivery Point Specifications: Technical details of delivery point(s) including pressure requirements

6. HSE Requirements: Detailed health, safety, and environmental requirements and procedures

7. Form of Parent Company Guarantee: Template for parent company guarantee if required

8. Form of Bank Guarantee: Template for bank guarantee if required

9. Operating Procedures: Detailed operational procedures and requirements

10. Carbon Intensity Calculation Methodology: Methodology for calculating and verifying carbon intensity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Energy

Industrial Manufacturing

Chemical Production

Steel Manufacturing

Transportation

Renewable Energy

Oil & Gas

Clean Technology

Utilities

Industrial Gases

Relevant Teams

Legal

Commercial

Operations

Health Safety and Environment

Procurement

Risk Management

Compliance

Technical

Business Development

Supply Chain

Sustainability

Project Development

Relevant Roles

Commercial Director

Energy Trading Manager

Legal Counsel

Technical Operations Manager

HSE Manager

Procurement Manager

Business Development Director

Risk Manager

Compliance Officer

Supply Chain Manager

Chief Commercial Officer

Energy Transition Director

Sustainability Manager

Contract Manager

Project Development Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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