This Solar Power Purchase Agreement template is designed for use in Belgium when establishing long-term electricity supply arrangements between solar power generators and corporate buyers. The document is particularly relevant in the context of Belgium's growing renewable energy market and the increasing demand for corporate renewable Power Purchase Agreements. It incorporates key requirements from Belgian federal and regional energy regulations, EU renewable energy directives, and industry best practices. The Power Purchase Agreement Solar template includes comprehensive provisions for energy delivery, pricing mechanisms, technical requirements, and risk allocation, while addressing specific Belgian market features such as green certificates and grid access requirements. It is suitable for both new solar installations and operational facilities, with optional provisions for construction phase agreements.
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1. Parties: Identification and details of the Generator (solar plant operator) and the Buyer
2. Background: Context of the agreement, including facility location and purpose
3. Definitions: Definitions of technical, commercial, and legal terms used throughout the agreement
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum purchase commitments
5. Term and Termination: Duration of the agreement, conditions for renewal, and termination rights
6. Delivery Point and Title Transfer: Specification of the delivery point and transfer of ownership of electricity
7. Metering and Documentation: Requirements for measuring delivered electricity and maintaining records
8. Price and Payment Terms: Pricing structure, invoicing process, and payment conditions
9. Generator Obligations: Responsibilities of the solar plant operator, including maintenance and operations
10. Buyer Obligations: Responsibilities of the electricity purchaser
11. Grid Connection and Access: Requirements and responsibilities for grid connection and access
12. Force Majeure: Definition and consequences of force majeure events
13. Representations and Warranties: Standard declarations by both parties regarding capacity and authority
14. Insurance: Required insurance coverage for both parties
15. Dispute Resolution: Procedures for resolving disputes under Belgian law
16. Governing Law: Confirmation of Belgian law as governing law and jurisdiction
1. Green Certificates and Environmental Attributes: Provisions regarding ownership and transfer of environmental benefits - include when green certificates or other environmental attributes are part of the transaction
2. Construction and Commissioning: Include when the facility is not yet operational, covering construction milestones and commissioning requirements
3. Performance Guarantees: Technical performance guarantees - include when specific output levels are guaranteed
4. Change in Law: Provisions for dealing with regulatory changes - include when contract term exceeds 5 years
5. Direct Agreement: Include when project financing is involved, addressing lender's step-in rights
6. Battery Storage: Include when the solar installation includes storage capabilities
7. Curtailment: Include when grid operator has right to curtail production
8. Export Limitations: Include when there are restrictions on exporting excess power to the grid
1. Schedule 1 - Facility Description: Technical specifications of the solar installation
2. Schedule 2 - Testing and Commissioning Procedures: Detailed procedures for facility testing and commissioning
3. Schedule 3 - Pricing Formula: Detailed pricing calculations and adjustment mechanisms
4. Schedule 4 - Metering Specifications: Technical requirements for metering equipment and procedures
5. Schedule 5 - Operating Parameters: Operating procedures and performance standards
6. Schedule 6 - Form of Direct Agreement: Template agreement for lender's step-in rights
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Appendix A - Site Plan: Drawings and specifications of the installation site
9. Appendix B - Single Line Diagram: Technical diagram of electrical connections
10. Appendix C - Generation License: Copy of relevant permits and licenses
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