Physical Power Purchase Agreement Template for Belgium

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Key Requirements PROMPT example:

Physical Power Purchase Agreement

"I need a Physical Power Purchase Agreement under Belgian law for a solar power facility with 50MW capacity, where my manufacturing company will purchase 100% of the output for 15 years starting March 2025, with quarterly payment terms and specific performance guarantees."

Document background
The Physical Power Purchase Agreement is a crucial document used in the Belgian energy market to establish legally binding arrangements for the physical delivery of electricity between generators and buyers. It is particularly relevant in today's evolving energy landscape where direct procurement of electricity is becoming increasingly common among industrial and commercial consumers. The agreement addresses all aspects of power delivery, from technical specifications to commercial terms, while ensuring compliance with Belgian federal and regional energy regulations, as well as applicable EU directives. This document type is essential for organizations seeking to secure long-term electricity supply, manage energy costs, and potentially meet sustainability goals. The agreement must accommodate Belgian market specifics, including the three regional regulatory frameworks (Flanders, Wallonia, and Brussels-Capital), grid access requirements, and balancing responsibilities.
Suggested Sections

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

2. Background: Context of the agreement, including facility details and parties' objectives

3. Definitions: Definitions of technical and legal terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding physical delivery and acceptance of electricity

5. Delivery Point and Transfer of Risk: Specification of the physical delivery point and transfer of title and risk

6. Term and Termination: Contract duration, conditions for early termination, and extension options

7. Price and Payment: Electricity price structure, payment terms, and invoicing procedures

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

9. Grid Connection and Balancing: Responsibilities for grid connection, access, and balancing obligations

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

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

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

13. Dispute Resolution: Procedures for resolving disputes under Belgian law

14. Confidentiality: Obligations regarding confidential information

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

Optional Sections

1. Guarantee and Performance Security: Required when credit support or performance security is needed from either party

2. Green Certificates and Environmental Attributes: Include when the electricity is from renewable sources and certificates are part of the transaction

3. Planned Maintenance: Include for new facilities or when specific maintenance protocols are required

4. Insurance: Detailed insurance requirements when specific coverage is necessary

5. Step-in Rights: Include when lenders require step-in rights or in project finance structures

6. Curtailment: Include when specific curtailment rights and compensation need to be addressed

7. Change of Control: Include when restrictions on ownership changes are required

8. Development and Construction: Include for facilities not yet operational

Suggested Schedules

1. Facility Description: Technical specifications of the generation facility

2. Pricing Mechanism: Detailed pricing formulas and adjustments

3. Operating Parameters: Technical parameters for electricity delivery and acceptance

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

5. Production Forecast: Expected generation profile and variance allowances

6. Testing and Commissioning: Procedures for facility testing and commissioning

7. Form of Direct Agreement: Standard form for lender direct agreements

8. Grid Connection Requirements: Technical specifications for grid connection

9. Performance Guarantees: Detailed performance requirements and calculation methods

10. Form of Parent Company Guarantee: Standard form for parent company guarantees if required

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 & Utilities

Manufacturing

Heavy Industry

Chemical Industry

Data Centers

Renewable Energy

Mining

Food & Beverage

Pharmaceutical

Commercial Real Estate

Retail Chains

Agriculture

Relevant Teams

Legal

Procurement

Finance

Operations

Risk Management

Sustainability

Commercial

Technical Operations

Regulatory Affairs

Trading

Project Development

Corporate Strategy

Facility Management

Relevant Roles

Energy Procurement Manager

Legal Counsel

Chief Financial Officer

Sustainability Director

Operations Manager

Risk Manager

Commercial Director

Technical Director

Regulatory Compliance Officer

Energy Trading Manager

Contract Manager

Project Finance Manager

Chief Technical Officer

Facility Manager

Corporate Strategy Director

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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