Third Party Solar Power Purchase Agreement Template for Netherlands

This document is a comprehensive agreement governed by Dutch law that establishes the terms and conditions for the sale and purchase of electricity generated by a solar power system owned and operated by a third party. It covers all essential aspects including electricity pricing, minimum purchase obligations, system installation and maintenance, performance guarantees, metering requirements, and risk allocation. The agreement incorporates specific requirements under Dutch energy regulations, including compliance with the Electricity Act 1998 and relevant EU directives, while addressing grid connection requirements and environmental permits specific to the Netherlands.

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What is a Third Party Solar Power Purchase Agreement?

The Third Party Solar Power Purchase Agreement is designed for use in the Netherlands when a business or organization wants to purchase solar-generated electricity without owning the solar installation itself. This arrangement allows the purchaser to benefit from renewable energy while avoiding upfront capital costs and maintenance responsibilities. The document comprehensively addresses Dutch regulatory requirements, including compliance with the Elektriciteitswet 1998 and environmental regulations, while establishing clear commercial terms for electricity purchase, system installation, maintenance, and performance guarantees. It's particularly relevant for organizations looking to meet sustainability goals and reduce energy costs while transferring technical and operational risks to a specialized solar system provider. The agreement includes specific provisions required under Dutch law regarding grid connection, environmental permits, and consumer protection (where applicable).

What sections should be included in a Third Party Solar Power Purchase Agreement?

1. Parties: Identification of the Generator (solar system owner/operator), the Purchaser (off-taker), and any other relevant parties

2. Background: Context of the agreement, including the purpose and basic structure of the transaction

3. Definitions: Definitions of technical, commercial, and legal terms used throughout the agreement

4. Sale and Purchase of Electricity: Core obligations regarding the sale and purchase of solar electricity, including minimum purchase obligations

5. Price and Payment: Electricity price structure, payment terms, invoicing, and any price adjustment mechanisms

6. Term and Termination: Duration of the agreement, renewal options, and grounds for termination

7. Installation and Commissioning: Requirements and process for installing and commissioning the solar system

8. Operation and Maintenance: Obligations regarding system operation, maintenance, and performance guarantees

9. Metering and Reporting: Requirements for measuring electricity production and consumption, reporting obligations

10. Access and Site Rules: Rights and conditions for accessing the installation site

11. Insurance and Liability: Insurance requirements and allocation of risks between parties

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

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

14. Assignment and Change of Control: Rules regarding transfer of rights and obligations

15. Confidentiality: Protection of confidential information

16. Dispute Resolution: Procedures for resolving disputes, including applicable law and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

What sections are optional to include in a Third Party Solar Power Purchase Agreement?

1. Consumer Protection Provisions: Additional protections required when the off-taker is a residential customer

2. Grid Connection: Specific provisions regarding grid connection if this is managed by the Generator

3. Environmental Attributes: Allocation of renewable energy certificates and other environmental benefits

4. Battery Storage System: Additional provisions if the installation includes energy storage capabilities

5. Construction Provisions: Detailed construction obligations if the system is yet to be built

6. Purchase Option: Terms for the optional purchase of the system by the off-taker

7. Subsidies and Incentives: Allocation of rights to SDE++ subsidies and other government incentives

8. Property Rights: Required for installations on third-party property or where property rights need clarification

What schedules should be included in a Third Party Solar Power Purchase Agreement?

1. Technical Specification: Detailed specifications of the solar PV system and associated equipment

2. Site Description: Description and plans of the installation site

3. Pricing Schedule: Detailed pricing mechanisms, including any escalation formulas

4. Performance Specifications: Expected system performance metrics and guaranteed output levels

5. Metering Requirements: Technical specifications for metering equipment and procedures

6. Operation and Maintenance Schedule: Detailed maintenance procedures and schedules

7. Form of Direct Agreement: Standard form for direct agreements with financiers

8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

9. Form of Performance Security: Template for any required performance bonds or guarantees

10. Grid Connection Details: Technical specifications and requirements for grid connection

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

Jurisdiction

Netherlands

Publisher

Genie AI

Cost

Free to use

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