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Commercial Solar PPA

Commercial Solar PPA Template for Belgium

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Key Requirements PROMPT example:

Commercial Solar PPA

"I need a Commercial Solar PPA for a 2MW solar installation at our manufacturing facility in Brussels, with commissioning planned for March 2025; the agreement must include performance guarantees and specific provisions for our 24/7 operation schedule."

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Document background
The Commercial Solar PPA is essential for businesses in Belgium seeking to implement renewable energy solutions through solar power installations. It is used when a solar system developer agrees to install, own, and operate a solar photovoltaic system at a commercial customer's premises, selling the generated electricity to the customer over a long-term period. This document type has gained significance due to Belgium's commitment to renewable energy targets and the increasing adoption of solar power in the commercial sector. The agreement must comply with Belgian federal and regional energy regulations, including specific requirements for grid connection, green certificates, and support schemes. It typically includes detailed provisions for system installation, maintenance, performance guarantees, and eventual ownership transfer options, while addressing specific Belgian market mechanisms and regulatory requirements.
Suggested Sections

1. Parties: Identification of the Generator/Seller and the Commercial Customer/Buyer

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

3. Definitions: Detailed definitions of technical, commercial, and legal terms used in the agreement

4. Sale and Purchase Obligations: Core obligations regarding electricity sale and purchase, including minimum purchase commitments

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

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

7. Metering and Billing: Requirements for measuring electricity delivery and billing processes

8. Installation and Commissioning: Requirements and process for system installation and commissioning

9. Operation and Maintenance: Responsibilities for system operation and maintenance

10. Grid Connection and Compliance: Requirements for grid connection and regulatory compliance

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

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Insurance: Required insurance coverage for both parties

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

15. General Provisions: Standard legal provisions including notices, amendments, and assignment

Optional Sections

1. Green Certificates and Subsidies: Include when parties agree to specific allocation of green certificates or subsidies

2. Battery Storage: Include when the system includes battery storage components

3. Private Wire Arrangements: Include when system uses private wire rather than public grid

4. Multiple Delivery Points: Include when electricity is delivered to multiple customer locations

5. Change in Law Provisions: Include when specific provisions for regulatory changes are needed

6. Performance Guarantees: Include when specific performance levels are guaranteed

7. Buy-Out Options: Include when customer has option to purchase system

8. Roof Access and Repair: Include for rooftop installations requiring specific access rights

Suggested Schedules

1. Technical Specification: Detailed technical specifications of the solar PV system

2. Site Description: Detailed description and drawings of installation site

3. Pricing Formula: Detailed pricing calculations and adjustment mechanisms

4. Performance Specifications: Expected output and performance parameters

5. Metering Requirements: Technical specifications for metering equipment

6. Operation and Maintenance Schedule: Detailed maintenance requirements and schedule

7. Form of Direct Agreement: Standard form for direct agreement with financiers

8. Installation Timeline: Detailed timeline for installation and commissioning

9. Grid Connection Details: Technical specifications for grid connection

10. Insurance Requirements: Detailed insurance requirements and minimum coverage

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Actual Monthly Production
Affiliate
Agreement
Applicable Law
Belgian Grid Code
Billing Period
Business Day
Change in Law
Commercial Operation Date
Commissioning Tests
Competent Authority
Connection Point
Contract Price
Contract Year
Deemed Energy
Delivery Point
Distribution System
Distribution System Operator
Early Termination Date
Effective Date
Electricity
Environmental Attributes
EPC Contract
Expected Annual Output
Force Majeure Event
Good Industry Practice
Green Certificates
Grid Connection Agreement
Grid Connection Point
Installation Works
Interconnection Facilities
Lender
Maintenance Schedule
Metering Device
Metering Point
Minimum Guaranteed Output
Operating Parameters
Operation and Maintenance Agreement
Outage
Output Guarantee
Permits
Planned Outage
Point of Common Coupling
Project
Project Site
Prudent Operating Practice
PV System
Reactive Power
Reference Price
Regulatory Authority
Security Package
Solar Facility
System Loss
Technical Specifications
Term
Transmission System
Transmission System Operator
Unplanned Outage
Clauses
Interpretation
Conditions Precedent
Sale and Purchase
Term and Termination
Delivery Obligations
Price and Payment
Metering
Billing and Settlement
Installation and Commissioning
Testing and Certification
Grid Connection
Operation and Maintenance
Performance Standards
Environmental Attributes
Regulatory Compliance
Force Majeure
Change in Law
Liability and Indemnification
Insurance
Security
Assignment and Transfer
Confidentiality
Representations and Warranties
Events of Default
Termination Rights
Dispute Resolution
Notices
Access Rights
Health and Safety
Environmental Compliance
Intellectual Property
Data Protection
Anti-Corruption
Governing Law
Severability
Entire Agreement
Amendments
Third Party Rights
Waiver
Counterparts
Relevant Industries

Renewable Energy

Manufacturing

Commercial Real Estate

Retail

Industrial Processing

Data Centers

Logistics and Warehousing

Healthcare

Education

Agriculture

Food and Beverage

Hospitality

Relevant Teams

Legal

Operations

Facilities Management

Finance

Procurement

Sustainability

Risk Management

Technical Operations

Business Development

Environmental Compliance

Energy Trading

Project Development

Relevant Roles

Energy Manager

Sustainability Director

Facility Manager

Commercial Director

Legal Counsel

Project Developer

Chief Financial Officer

Operations Manager

Procurement Manager

Risk Manager

Technical Director

Environmental Compliance Officer

Energy Trading Manager

Business Development Manager

Industries
Belgian Civil Code (Code Civil): Fundamental contract law principles governing commercial agreements, including formation, validity, performance, and termination of contracts
Belgian Electricity Act of 1999 (as amended): Framework legislation governing electricity market organization, including provisions for renewable energy production and distribution
EU Renewable Energy Directive (RED II) as implemented in Belgian law: Establishes framework for promotion of renewable energy sources and sets targets for renewable energy consumption
Regional Electricity Decrees: Region-specific regulations for electricity production and distribution in Flanders, Wallonia, and Brussels-Capital regions
Green Certificate Regulations: Regional support schemes for renewable energy production, including solar power certificates and minimum price guarantees
Grid Code Regulations: Technical requirements for connection to and use of the electricity grid, including specific provisions for renewable energy installations
Belgian VAT Code: Tax regulations affecting energy sales and solar installation services
Environmental Permit Regulations: Regional requirements for installation and operation of solar facilities
Urban Planning Regulations: Local and regional requirements affecting solar installation placement and construction
Energy Performance of Buildings Directive (EPBD) Implementation: Requirements for building energy performance and integration of renewable energy sources in buildings
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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