Physical Power Purchase Agreement Template for Austria

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Key Requirements PROMPT example:

Physical Power Purchase Agreement

"I need a Physical Power Purchase Agreement under Austrian law for a newly constructed solar plant with 50MW capacity, where we'll be selling power to a large industrial customer starting March 2025, with special attention to production guarantees and grid balancing requirements."

Document background
A Physical Power Purchase Agreement (PPA) is used when a power generator agrees to physically supply electricity to a buyer under Austrian law. This document is essential for businesses seeking to secure long-term electricity supply or for generators looking to ensure steady revenue streams. The agreement must navigate both Austrian national regulations (particularly the ElWOG 2010) and EU energy directives, making it a complex instrument that requires careful consideration of technical, commercial, and regulatory requirements. It's particularly relevant in the context of renewable energy projects, industrial power supply arrangements, and corporate energy procurement strategies. The document typically includes detailed provisions for physical delivery points, volume commitments, pricing mechanisms, grid access, balancing responsibilities, and regulatory compliance measures specific to the Austrian electricity market.
Suggested Sections

1. Parties: Identification of the contracting parties - generator/seller and buyer

2. Background: Context of the agreement, including facility description and purpose of the PPA

3. Definitions: Defined terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including delivery points and volumes

5. Term and Termination: Duration of the agreement and termination rights

6. Delivery Specifications: Technical requirements for power delivery, including scheduling and balancing requirements

7. Metering and Documentation: Requirements for measuring and recording electricity delivery

8. Price and Payment Terms: Pricing structure, invoicing, and payment procedures

9. Grid Connection and Access: Responsibilities regarding grid connection and access

10. Regulatory Compliance: Obligations to comply with relevant laws and regulations

11. Force Majeure: Events excusing performance and related procedures

12. Representations and Warranties: Standard legal assurances from both parties

13. Default and Remedies: Events of default and available remedies

14. Liability and Indemnification: Allocation of risks and responsibilities

15. Dispute Resolution: Procedures for resolving disputes

16. Governing Law: Specification of Austrian law as governing law

17. Miscellaneous: Standard boilerplate provisions

Optional Sections

1. Construction and Commissioning: Required if the generating facility is not yet operational, covering construction milestones and requirements

2. Green Certificates and Environmental Attributes: Required if the agreement includes transfer of environmental attributes or certificates

3. Credit Support: Required if either party must provide financial security

4. Change in Law: Detailed provisions for handling regulatory changes, particularly important for long-term PPAs

5. Insurance: Specific insurance requirements beyond standard coverage

6. Forecasting and Scheduling: Detailed provisions for production forecasting, particularly relevant for renewable energy facilities

7. Performance Guarantees: Required if specific performance levels are guaranteed

8. Direct Agreement: Required if lender rights need to be addressed

9. Curtailment: Required for renewable energy facilities where output might need to be reduced

Suggested Schedules

1. Facility Description: Technical specifications of the generating facility

2. Testing and Commissioning Procedures: Detailed procedures for facility testing and commissioning

3. Metering Specifications: Technical requirements for metering equipment and procedures

4. Operating Procedures: Detailed operational requirements and procedures

5. Pricing Mechanism: Detailed pricing calculations and adjustments

6. Form of Guarantees: Templates for any required guarantees or security

7. Grid Connection Details: Technical specifications for grid connection

8. Production Profile: Expected generation profile and any guarantees

9. Communication Protocols: Procedures for operational communications between parties

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 Generation

Renewable Energy

Utilities

Manufacturing

Heavy Industry

Data Centers

Mining

Chemicals

Food and Beverage

Real Estate

Retail

Healthcare

Technology

Banking and Finance

Relevant Teams

Legal

Finance

Procurement

Operations

Risk Management

Sustainability

Commercial

Technical

Regulatory Affairs

Treasury

Environmental

Trading

Project Development

Compliance

Business Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Energy Procurement Manager

Head of Legal

Commercial Director

Risk Manager

Technical Operations Manager

Sustainability Director

Power Trading Manager

Regulatory Compliance Officer

Contract Manager

Energy Manager

Project Finance Manager

Business Development Director

Grid Connection Manager

Environmental Compliance Manager

Power Plant 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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