Third Party Solar Power Purchase Agreement Template for Philippines

The Third Party Solar Power Purchase Agreement is a crucial document used in the Philippine renewable energy sector when a solar power provider installs, owns, and operates a solar power system on a customer's property and sells the generated electricity to that customer. This arrangement allows organizations to benefit from solar power without significant upfront capital investment. The agreement must comply with Philippine regulations, including the Renewable Energy Act of 2008, EPIRA, and local government requirements. It typically covers a 15-25 year term and includes detailed provisions for system installation, energy pricing, performance guarantees, maintenance obligations, and risk allocation. This type of agreement has become increasingly important as the Philippines promotes renewable energy adoption and organizations seek sustainable energy solutions while managing costs.

1. Parties: Identification of the Power Producer (Seller), the Customer (Buyer), and any other relevant parties

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

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

4. System Installation: Requirements and procedures for installing the solar power system, including timelines and approvals

5. Term and Termination: Duration of the agreement, conditions for renewal, and circumstances for early termination

6. Purchase and Sale of Energy: Core commercial terms including energy pricing, minimum purchase obligations, and excess energy provisions

7. Metering and Billing: Specifications for energy measurement, billing procedures, and payment terms

8. Operation and Maintenance: Responsibilities for system operation, maintenance, and performance monitoring

9. Access Rights: Terms for accessing the installation site for maintenance, repairs, and inspections

10. Performance Guarantees: Guaranteed minimum energy output and related performance metrics

11. Regulatory Compliance: Obligations to comply with relevant laws, regulations, and permit requirements

12. Insurance and Risk of Loss: Insurance requirements and allocation of risk between parties

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. Representations and Warranties: Standard warranties and representations from both parties

15. Default and Remedies: Events of default and available remedies for each party

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

17. General Provisions: Standard boilerplate provisions including notices, assignments, and amendments