Direct Power Purchase Agreement Template for Netherlands

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Key Requirements PROMPT example:

Direct Power Purchase Agreement

I need a Direct Power Purchase Agreement for a solar power facility in the Netherlands, with a planned commercial operation date of March 2025, including specific provisions for Guarantees of Origin and a minimum delivery obligation of 50,000 MWh annually.

Document background
This Direct Power Purchase Agreement template is designed for use in the Netherlands market where corporations increasingly seek to secure long-term, predictable power supply arrangements directly with generators, often driven by sustainability goals and power cost management objectives. The document reflects Dutch legal requirements and market practices, incorporating essential elements required under the Dutch Electricity Act and EU energy regulations. It is particularly suited for renewable energy projects but can be adapted for conventional power sources. The agreement typically covers periods of 10-15 years and includes detailed provisions for power delivery, pricing mechanisms, guarantees of origin, and risk allocation. This type of agreement has become increasingly important as more corporations commit to renewable energy targets and seek to manage their electricity costs effectively.
Suggested Sections

1. Parties: Identification of the power producer/seller and the corporate buyer/offtaker

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase

5. Term and Termination: Duration of agreement, conditions for renewal and termination rights

6. Delivery Point and Transfer of Risk: Specification of where electricity is delivered and risk transfer

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

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

9. Force Majeure: Events excusing performance and consequences

10. Representations and Warranties: Standard representations and specific energy-related warranties

11. Liability and Indemnification: Allocation of risks and liability limitations

12. Confidentiality: Protection of confidential information

13. Governing Law and Dispute Resolution: Choice of Dutch law and dispute resolution mechanisms

14. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

Optional Sections

1. Guarantees and Credit Support: Required when either party needs financial security for performance

2. Generation Facility Construction: Included when the supply facility is not yet operational

3. Renewable Energy Certificates: Required when dealing with renewable energy and associated certificates

4. Grid Connection and Costs: Included when grid connection responsibilities need specific allocation

5. Change in Law: Detailed provisions for regulatory changes when operating in volatile regulatory environments

6. Insurance: Specific insurance requirements when required by financing parties or risk profile

7. Forecasting and Scheduling: Detailed provisions when supply patterns need specific management

8. Step-in Rights: Included when required by lenders or for critical supply arrangements

Suggested Schedules

1. Facility Technical Specifications: Detailed description of the generation facility and technical parameters

2. Pricing Formula and Calculations: Detailed pricing mechanisms, adjustments, and calculation methods

3. Operating Parameters: Specific operational requirements, including availability and maintenance

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

5. Form of Direct Agreement: Standard form for lender's direct agreement if required

6. Performance Security Requirements: Specific requirements for any required guarantees or security

7. Product Specifications: Detailed specifications of electricity supply including quality parameters

8. Contact Details and Notices: List of key contacts and notice requirements

9. Form of Guarantees: Standard forms for any required parent company or bank guarantees

10. Commissioning and Testing Procedures: Detailed procedures for facility commissioning if applicable

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

Renewable Energy

Manufacturing

Technology

Data Centers

Industrial Processing

Food and Beverage

Chemical Industry

Retail

Real Estate

Healthcare

Telecommunications

Relevant Teams

Legal

Procurement

Sustainability

Finance

Operations

Risk Management

Environmental Compliance

Facilities Management

Commercial

Energy Trading

Relevant Roles

Chief Sustainability Officer

Energy Procurement Manager

Legal Counsel

Commercial Director

Sustainability Manager

Risk Manager

Chief Financial Officer

Facility Manager

Energy Trading Manager

Operations Director

Contract Manager

Environmental Compliance Officer

Chief Operating Officer

Procurement 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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