Power Purchase Agreement Renewable (Energy) Template for Austria

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Key Requirements PROMPT example:

Power Purchase Agreement Renewable (Energy)

"I need a Power Purchase Agreement Renewable (Energy) for a 50MW solar plant in Styria, Austria, with delivery starting March 2025, where we'll be selling to a large industrial buyer with minimum take-or-pay obligations and including provisions for energy storage."

Document background
The Power Purchase Agreement Renewable (Energy) is a crucial document in Austria's renewable energy market, used to establish long-term electricity supply arrangements between renewable energy generators and commercial or utility buyers. This agreement type has gained significance due to Austria's commitment to renewable energy expansion and the implementation of the Renewable Energy Expansion Act (EAG). The document serves as the primary commercial instrument for renewable energy projects, providing bankable terms that support project financing while ensuring compliance with Austrian energy regulations and EU directives. It typically includes provisions for power delivery, pricing mechanisms, regulatory compliance, technical specifications, and risk allocation between parties. The agreement is particularly relevant in the context of Austria's energy transition goals and the increasing corporate demand for renewable electricity supply.
Suggested Sections

1. Parties: Identification of the seller (generator) and buyer, including registration details and addresses

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

3. Definitions and Interpretation: Defined terms, rules of interpretation, and references to applicable Austrian law

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

5. Term and Termination: Duration of the agreement, conditions for renewal, and termination rights

6. Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures

7. Metering and Documentation: Requirements for measuring delivered electricity and maintaining records

8. Grid Connection and Delivery: Requirements for grid connection, delivery points, and coordination with grid operator

9. Representations and Warranties: Standard and specific warranties regarding capacity, permits, and compliance

10. Force Majeure: Definition of force majeure events and consequences

11. Change in Law: Procedures for addressing regulatory changes affecting the agreement

12. Default and Remedies: Events of default, cure periods, and available remedies

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

14. Confidentiality: Protection of confidential information and permitted disclosures

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Green Certificates and Environmental Attributes: Terms regarding renewable energy certificates and environmental benefits, used when certificates are part of the transaction

2. Construction and Commissioning: Include for new facilities not yet operational, covering construction milestones and requirements

3. Performance Guarantees: Technical performance guarantees and liquidated damages, used for projects requiring specific performance levels

4. Insurance: Specific insurance requirements beyond standard coverage, used for high-value or high-risk projects

5. Forecasting and Scheduling: Detailed procedures for production forecasting, used for variable renewable sources like wind or solar

6. Storage Provisions: Include when the facility includes energy storage capabilities

7. Curtailment: Terms regarding reduction of generation, used when grid constraints are likely

8. Credit Support: Requirements for guarantees or security, used for parties with limited credit history

Suggested Schedules

1. Facility Description: Technical specifications of the generation facility

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

3. Operating Parameters: Technical parameters for facility operation

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

5. Pricing Mechanism: Detailed pricing calculations and adjustments

6. Form of Direct Agreement: Standard form for direct agreements with lenders

7. Performance Standards: Detailed technical performance requirements

8. Contact Details: List of key contacts and authorized representatives

9. Form of Guarantees: Standard forms for any required guarantees

10. Grid Connection Details: Technical specifications for grid connection

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

Renewable Energy

Utilities

Manufacturing

Industrial Production

Data Centers

Commercial Real Estate

Banking and Finance

Technology

Agriculture

Retail

Healthcare

Education

Relevant Teams

Legal

Procurement

Sustainability

Commercial

Finance

Operations

Risk Management

Regulatory Affairs

Business Development

Environmental

Strategy

Treasury

Technical

Compliance

Relevant Roles

Chief Legal Officer

Energy Procurement Manager

Sustainability Director

Commercial Director

Project Finance Manager

Renewable Energy Developer

Power Trading Manager

Regulatory Compliance Officer

Technical Operations Manager

Risk Manager

Corporate Strategy Director

Environmental Manager

Energy Contract Manager

Chief Financial Officer

General Counsel

Business Development Manager

Industries
Green Electricity Act (Ökostromgesetz 2012): Primary Austrian legislation governing renewable energy generation, feed-in tariffs, and support schemes for renewable energy projects
Austrian Electricity Industry and Organisation Act (Elektrizitätswirtschafts- und organisationsgesetz - ElWOG): Regulates the electricity market structure, grid access, and general framework for electricity trading in Austria
EU Renewable Energy Directive (RED II - 2018/2001/EU): European framework for promoting renewable energy sources, setting targets and cooperation mechanisms between member states
Austrian Civil Code (ABGB): Provides the legal foundation for contract formation, performance, and remedies in Austrian contract law
Energy Control Act (Energie-Control-Gesetz): Establishes the regulatory framework and authority of E-Control, Austria's national regulatory authority for electricity and gas markets
Federal Act on the Increase of Electricity from Renewable Sources (Erneuerbaren-Ausbau-Gesetz – EAG): New legislation focusing on expansion targets for renewable energy and market premium system
Grid Usage Rules (Technische und Organisatorische Regeln - TOR): Technical and organizational rules for grid connection and operation in Austria
Environmental Impact Assessment Act (UVP-G): Relevant for larger renewable energy projects requiring environmental impact assessments
Austrian Commercial Code (UGB): Governs commercial transactions and business relationships between merchants
Austrian Energy Efficiency Act (Energieeffizienzgesetz): Sets requirements for energy efficiency and may affect terms related to energy consumption and savings in PPAs
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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