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Third Party Power Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Third Party Power Purchase Agreement

"I need a Third Party Power Purchase Agreement for a solar farm in Queensland, with a capacity of 50MW, selling to a mining company for a 15-year term starting March 2025, including provisions for LGCs and a minimum take-or-pay obligation."

Document background
Third Party Power Purchase Agreements are crucial instruments in the Australian energy market, enabling direct electricity supply arrangements between generators and end-users. These agreements are particularly relevant in the context of renewable energy projects and corporate energy procurement strategies, offering businesses a way to secure long-term electricity supply at predictable prices while potentially meeting sustainability goals. The documentation must comply with the National Electricity Rules and relevant state legislation, while accommodating the technical requirements of the National Electricity Market. A Third Party Power Purchase Agreement typically includes detailed provisions for supply obligations, pricing mechanisms, performance standards, and risk allocation, making it essential for large-scale energy users and generators seeking to establish direct supply relationships.
Suggested Sections

1. Parties: Identification of all contracting parties including the generator, buyer, and relevant network service provider

2. Background: Context of the agreement, including facility description and purpose of the PPA

3. Definitions and Interpretation: Detailed definitions of technical and commercial terms, and rules for interpreting the agreement

4. Term and Conditions Precedent: Duration of the agreement and any conditions that must be satisfied before the agreement becomes effective

5. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum supply commitments

6. Connection and Metering: Requirements for grid connection and electricity metering arrangements

7. Price and Payment: Pricing structure, payment terms, and billing procedures

8. Performance Standards: Required technical and operational standards for electricity supply

9. Maintenance and Outages: Procedures for scheduled maintenance and managing unplanned outages

10. Force Majeure: Events excusing performance and associated procedures

11. Default and Termination: Events of default, cure periods, and termination rights

12. Dispute Resolution: Procedures for resolving disputes between parties

13. Liability and Indemnities: Allocation of risks and liability between parties

14. General Provisions: Standard contractual provisions including notices, assignment, and governing law

Optional Sections

1. Environmental Products: Provisions regarding renewable energy certificates and environmental credits, used when the facility generates renewable energy

2. Network Services: Additional provisions regarding network services if the generator is responsible for transmission arrangements

3. Insurance: Detailed insurance requirements, typically included for larger projects

4. Financial Security: Requirements for performance bonds or other security, included for projects with significant capital investment

5. Change in Law: Provisions addressing regulatory changes, particularly relevant for long-term PPAs

6. Interface with Project Documents: Provisions linking the PPA to other project agreements, relevant for project-financed facilities

7. Market Interface: Provisions regarding interaction with the National Electricity Market, required for market-participating generators

Suggested Schedules

1. Facility Technical Specifications: Detailed technical specifications of the generating facility

2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustments

3. Testing and Commissioning Procedures: Procedures for initial and ongoing performance testing

4. Operating Parameters: Specific operational requirements and limitations

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

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

7. Key Performance Indicators: Specific performance metrics and measurement methods

8. Insurance Requirements: Detailed specification of required insurance coverage

9. Form of Direct Agreement: Template agreement between financiers and project parties

10. Connection Points: Technical specifications of grid connection points

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Energy & Utilities

Renewable Energy

Manufacturing

Mining

Data Centers

Commercial Real Estate

Industrial

Retail

Agriculture

Healthcare

Education

Government

Relevant Teams

Legal

Finance

Procurement

Operations

Risk Management

Sustainability

Environmental Compliance

Commercial

Technical Services

Energy Trading

Project Development

Facility Management

Relevant Roles

General Counsel

Energy Procurement Manager

Sustainability Director

Chief Financial Officer

Commercial Manager

Operations Director

Risk Manager

Facility Manager

Environmental Compliance Officer

Energy Trading Manager

Project Finance Manager

Technical Director

Procurement Officer

Legal Counsel

Chief Operating Officer

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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