The Physical Power Purchase Agreement (PPA) is a crucial document for establishing long-term electricity supply arrangements in Hong Kong's regulated power market. It is primarily used when organizations need to secure dedicated power supply, often in contexts involving significant power consumption or renewable energy projects. The agreement navigates Hong Kong's unique regulatory framework, including compliance with the Electricity Ordinance and Scheme of Control Agreements governing the territory's power sector. This document type is particularly relevant given Hong Kong's increasing focus on energy security, sustainability, and the integration of renewable energy sources into its power mix. The agreement covers all essential aspects of power supply, from technical specifications and delivery parameters to pricing mechanisms and risk allocation, while ensuring compliance with local regulatory requirements and industry standards.
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1. Parties: Identification of the power generator/seller and the buyer/offtaker
2. Background: Context of the agreement, including facility details and purpose
3. Definitions and Interpretation: Defined terms, interpretation rules, and language conventions
4. Sale and Purchase Obligations: Core obligations for power delivery and acceptance
5. Term and Termination: Duration, conditions precedent, and termination rights
6. Delivery Point and Title: Specification of power delivery location and transfer of ownership
7. Metering and Testing: Requirements for measuring delivered electricity and testing procedures
8. Payment Terms: Pricing, invoicing, payment mechanics, and disputes
9. Operating Procedures: Day-to-day operational requirements and protocols
10. Maintenance and Outages: Scheduled maintenance, forced outages, and coordination requirements
11. Performance Standards: Required technical and operational performance levels
12. Force Majeure: Definition and consequences of force majeure events
13. Representations and Warranties: Standard and specific warranties from each party
14. Liability and Indemnification: Risk allocation and liability limitations
15. Insurance: Required insurance coverage and terms
16. Dispute Resolution: Process for resolving disputes under Hong Kong law
17. Confidentiality: Protection of confidential information
18. Governing Law: Application of Hong Kong law and jurisdiction
19. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Interconnection: Required when seller is responsible for grid interconnection arrangements
2. Renewable Energy Credits: Include when dealing with renewable energy sources and associated credits
3. Carbon Credits: Include when carbon credits or emissions trading is relevant
4. Construction and Development: Required for facilities not yet operational
5. Lender Rights: Include when project financing is involved
6. Change in Law: Detailed provisions when regulatory changes are a significant concern
7. Performance Security: Include when parties require security deposits or guarantees
8. Local Content Requirements: Include when specific local content obligations apply
1. Facility Description: Technical specifications of the power generation facility
2. Testing Procedures: Detailed procedures for facility testing and commissioning
3. Operating Parameters: Technical operating specifications and requirements
4. Pricing and Payment: Detailed pricing formulas and adjustment mechanisms
5. Metering Specifications: Technical requirements for metering equipment
6. Performance Standards: Detailed performance criteria and testing methods
7. Form of Performance Security: Template for any required performance bonds or guarantees
8. Operating Procedures: Detailed protocols for day-to-day operations
9. Insurance Requirements: Specific insurance types and coverage levels required
10. Interconnection Details: Technical specifications for grid interconnection
11. Contact Information: Key contacts and notification procedures
Relevant legal definitions
Actual Delivered Energy
Affiliate
Annual Contract Quantity
Applicable Law
Availability
Billing Period
Business Day
Capacity
Change in Law
Commercial Operation Date
Competent Authority
Connection Point
Contract Price
Contract Year
Delivery Point
Dispatch Instructions
Effective Date
Electrical Output
Emergency
Energy Management System
Environmental Attributes
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Grid
Grid Code
Grid Connection Agreement
Grid Operator
HKD
Hong Kong
Interconnection Facilities
Invoice
Lenders
Maintenance Schedule
Metering Equipment
Metering Point
Minimum Supply Obligation
Monthly Settlement Amount
Operating Committee
Operating Procedures
Outage
Performance Security
Planned Maintenance
Plant
Point of Delivery
Power Purchase Rate
Prudent Operating Practice
Reactive Power
Renewable Energy Credits
Required Commercial Operation Date
Scheduled Maintenance
Security Interest
Site
Specified Facilities
System Emergency
Technical Specifications
Term
Testing
Transmission System
Unit Contingent
Unplanned Outage
Affiliate
Annual Contract Quantity
Applicable Law
Availability
Billing Period
Business Day
Capacity
Change in Law
Commercial Operation Date
Competent Authority
Connection Point
Contract Price
Contract Year
Delivery Point
Dispatch Instructions
Effective Date
Electrical Output
Emergency
Energy Management System
Environmental Attributes
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Grid
Grid Code
Grid Connection Agreement
Grid Operator
HKD
Hong Kong
Interconnection Facilities
Invoice
Lenders
Maintenance Schedule
Metering Equipment
Metering Point
Minimum Supply Obligation
Monthly Settlement Amount
Operating Committee
Operating Procedures
Outage
Performance Security
Planned Maintenance
Plant
Point of Delivery
Power Purchase Rate
Prudent Operating Practice
Reactive Power
Renewable Energy Credits
Required Commercial Operation Date
Scheduled Maintenance
Security Interest
Site
Specified Facilities
System Emergency
Technical Specifications
Term
Testing
Transmission System
Unit Contingent
Unplanned Outage
Clauses
Interpretation
Definitions
Sale and Purchase
Term
Conditions Precedent
Delivery Obligations
Title Transfer
Metering
Testing and Commissioning
Payment
Invoicing
Credit Support
Performance Standards
Technical Requirements
Operating Procedures
Maintenance
Force Majeure
Change in Law
Representations and Warranties
Covenants
Events of Default
Termination
Liability and Indemnification
Insurance
Assignment
Dispute Resolution
Governing Law
Confidentiality
Notices
Health and Safety
Environmental Compliance
Regulatory Compliance
Grid Connection
Emergency Procedures
Record Keeping
Audit Rights
Intellectual Property
Anti-corruption
Boilerplate
Entire Agreement
Definitions
Sale and Purchase
Term
Conditions Precedent
Delivery Obligations
Title Transfer
Metering
Testing and Commissioning
Payment
Invoicing
Credit Support
Performance Standards
Technical Requirements
Operating Procedures
Maintenance
Force Majeure
Change in Law
Representations and Warranties
Covenants
Events of Default
Termination
Liability and Indemnification
Insurance
Assignment
Dispute Resolution
Governing Law
Confidentiality
Notices
Health and Safety
Environmental Compliance
Regulatory Compliance
Grid Connection
Emergency Procedures
Record Keeping
Audit Rights
Intellectual Property
Anti-corruption
Boilerplate
Entire Agreement
Relevant Industries
Energy & Utilities
Manufacturing
Real Estate & Construction
Data Centers
Industrial Processing
Mining
Renewable Energy
Infrastructure
Technology
Retail
Relevant Teams
Legal
Procurement
Operations
Finance
Risk Management
Sustainability
Compliance
Engineering
Commercial
Facilities Management
Project Management
Environmental
Relevant Roles
General Counsel
Energy Procurement Manager
Facilities Manager
Chief Financial Officer
Chief Operations Officer
Sustainability Director
Risk Manager
Commercial Director
Technical Director
Compliance Officer
Project Manager
Energy Trading Manager
Legal Counsel
Contract Manager
Chief Engineering Officer
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