Power Sales Agreement Template for Belgium

A Power Sales Agreement is a crucial document used in the Belgian energy market to establish and govern the commercial relationship between power sellers and buyers. This agreement is particularly relevant in contexts ranging from traditional power generation to renewable energy projects, and can be used for both long-term and short-term power purchase arrangements. The document must comply with Belgian federal energy legislation, regional regulatory requirements, and EU energy directives. It typically includes detailed provisions on power delivery, pricing mechanisms, technical specifications, and risk allocation. The agreement's structure and content reflect the specific characteristics of the Belgian electricity market, including its regional organization and connection to the European power grid. This type of agreement is essential for ensuring security of supply, managing commercial risks, and establishing clear operational procedures between the contracting parties.

1. Parties: Identification of the power seller and buyer, including registration details and energy license information

2. Background: Context of the agreement, including facility details and purpose of the power sale arrangement

3. Definitions and Interpretation: Definitions of technical terms, market terms, and interpretation rules

4. Sale and Purchase Obligation: Core obligations regarding the sale and purchase of power, including exclusivity provisions if applicable

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

6. Term and Termination: Duration of agreement, conditions for termination, and renewal provisions

7. Metering and Documentation: Requirements for metering, meter reading, and associated documentation

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

9. Performance Security: Requirements for performance security, credit support, or guarantees

10. Grid Connection and Balancing: Responsibilities for grid connection and balancing requirements

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

12. Change in Law: Provisions dealing with regulatory changes and their impact

13. Representations and Warranties: Standard and specific warranties from each party

14. Liability and Indemnification: Limitations of liability and indemnification obligations

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

16. Confidentiality: Obligations regarding confidential information

17. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment