Power Sales Agreements are fundamental contracts in the German energy market, used to establish legally binding arrangements between power suppliers and purchasers. These agreements are essential for both conventional and renewable energy trading, requiring careful consideration of German energy regulations, particularly the Energiewirtschaftsgesetz (EnWG) and related legislation. A Power Sales Agreement typically includes detailed provisions for power delivery, pricing mechanisms, scheduling, and regulatory compliance, while also addressing technical requirements for grid connection and metering. The document is crucial for energy trading operations in Germany, whether for industrial consumers seeking direct power purchase arrangements, utilities engaging in wholesale trading, or renewable energy producers selling their output. The agreement must comply with German energy market regulations and incorporate specific requirements for balancing group management and grid access.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Sale and Purchase Obligation: Core obligations regarding the sale and purchase of power
5. Delivery Point and Transfer of Risk: Specification of where power is delivered and risk transfers
6. Term and Termination: Duration of agreement and termination provisions
7. Scheduling and Nomination: Procedures for scheduling power delivery
8. Metering and Documentation: Requirements for measuring delivered power and maintaining records
9. Price and Payment Terms: Pricing structure, invoicing, and payment procedures
10. Credit Support: Requirements for guarantees or other credit support
11. Force Majeure: Events excusing performance and related procedures
12. Representations and Warranties: Standard legal assurances from each party
13. Liability and Indemnification: Allocation of risks and liability between parties
14. Confidentiality: Protection of confidential information
15. Governing Law and Dispute Resolution: Choice of German law and dispute resolution procedures
16. Miscellaneous: Standard boilerplate provisions
1. Renewable Energy Certificates: Provisions for green certificates when renewable power is involved
2. Balancing Services: Terms for providing balancing services if part of the arrangement
3. Capacity Market Participation: Rules for participation in capacity markets if applicable
4. Trading Limits: Specific trading limits and risk management provisions for variable volume contracts
5. Change in Law: Specific provisions for handling regulatory changes in the energy sector
6. Grid Connection: Additional provisions if the agreement includes grid connection responsibilities
7. Carbon Emissions: Provisions related to carbon emissions and trading where relevant
1. Schedule 1 - Technical Specifications: Detailed technical parameters of power supply
2. Schedule 2 - Pricing Formula: Detailed pricing calculations and adjustments
3. Schedule 3 - Operating Procedures: Detailed procedures for daily operations and communications
4. Schedule 4 - Metering Requirements: Technical specifications for metering equipment and procedures
5. Schedule 5 - Credit Support Calculations: Methods for calculating required credit support
6. Schedule 6 - Nomination Procedures: Detailed procedures for power nomination and scheduling
7. Schedule 7 - Contact Details: List of authorized representatives and contact information
8. Appendix A - Standard Terms and Conditions: General terms and conditions for power trading in Germany
9. Appendix B - Grid Connection Details: Technical details of grid connection points and requirements
Relevant legal definitions
Affiliate
Agreement
Available Capacity
Balancing Group
Banking Day
Billing Period
Business Day
Capacity
Confidential Information
Contract Price
Contract Quantity
Credit Support
Credit Support Provider
Delivery Period
Delivery Point
Due Date
EFET
Effective Date
Electricity
Energy
EnWG
EEG
Euro
Event of Default
Force Majeure
German Grid
Grid Access
Grid Connection Point
Grid Operator
Installed Capacity
Interest Rate
Kilowatt (kW)
Kilowatt Hour (kWh)
Letter of Credit
Loss
Market Operator
Market Price
Material Adverse Change
Megawatt (MW)
Megawatt Hour (MWh)
Metering Device
Metering Point
Nomination
Operating Procedures
Party/Parties
Payment Security
Performance Assurance
Planned Maintenance
Point of Delivery
Power Plant
Pricing Period
Prudent Industry Practice
Regulatory Authority
Renewable Energy
Scheduled Maintenance
Settlement Period
Specification
System Operator
Tax
Technical Specifications
Term
Termination Amount
Trading Period
Transmission System
VAT
Volume
Agreement
Available Capacity
Balancing Group
Banking Day
Billing Period
Business Day
Capacity
Confidential Information
Contract Price
Contract Quantity
Credit Support
Credit Support Provider
Delivery Period
Delivery Point
Due Date
EFET
Effective Date
Electricity
Energy
EnWG
EEG
Euro
Event of Default
Force Majeure
German Grid
Grid Access
Grid Connection Point
Grid Operator
Installed Capacity
Interest Rate
Kilowatt (kW)
Kilowatt Hour (kWh)
Letter of Credit
Loss
Market Operator
Market Price
Material Adverse Change
Megawatt (MW)
Megawatt Hour (MWh)
Metering Device
Metering Point
Nomination
Operating Procedures
Party/Parties
Payment Security
Performance Assurance
Planned Maintenance
Point of Delivery
Power Plant
Pricing Period
Prudent Industry Practice
Regulatory Authority
Renewable Energy
Scheduled Maintenance
Settlement Period
Specification
System Operator
Tax
Technical Specifications
Term
Termination Amount
Trading Period
Transmission System
VAT
Volume
Clauses
Sale and Purchase
Delivery
Price
Payment
Scheduling
Metering
Force Majeure
Credit Support
Representations and Warranties
Covenants
Events of Default
Termination
Liability
Dispute Resolution
Confidentiality
Assignment
Notices
Governing Law
Grid Access
Balancing Requirements
Regulatory Compliance
Technical Requirements
Operational Procedures
Taxation
Invoicing
Risk Allocation
Change in Law
Insurance
Records and Audit
Title and Risk
Performance Guarantee
Anti-Corruption
Data Protection
Severability
Entire Agreement
Delivery
Price
Payment
Scheduling
Metering
Force Majeure
Credit Support
Representations and Warranties
Covenants
Events of Default
Termination
Liability
Dispute Resolution
Confidentiality
Assignment
Notices
Governing Law
Grid Access
Balancing Requirements
Regulatory Compliance
Technical Requirements
Operational Procedures
Taxation
Invoicing
Risk Allocation
Change in Law
Insurance
Records and Audit
Title and Risk
Performance Guarantee
Anti-Corruption
Data Protection
Severability
Entire Agreement
Relevant Industries
Energy & Utilities
Power Generation
Renewable Energy
Industrial Manufacturing
Energy Trading
Grid Operations
Municipal Services
Heavy Industry
Chemical Industry
Data Centers
Relevant Teams
Legal
Energy Trading
Commercial
Risk Management
Regulatory Compliance
Technical Operations
Business Development
Portfolio Management
Contract Administration
Energy Procurement
Market Analysis
Grid Operations
Relevant Roles
Energy Trading Manager
Power Plant Manager
Legal Counsel
Energy Procurement Manager
Commercial Director
Risk Manager
Regulatory Compliance Officer
Business Development Manager
Technical Operations Manager
Energy Markets Analyst
Contract Manager
Chief Commercial Officer
Energy Portfolio Manager
Grid Operations Manager
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