The Commercial Solar PPA is essential for businesses in Belgium seeking to implement renewable energy solutions through solar power installations. It is used when a solar system developer agrees to install, own, and operate a solar photovoltaic system at a commercial customer's premises, selling the generated electricity to the customer over a long-term period. This document type has gained significance due to Belgium's commitment to renewable energy targets and the increasing adoption of solar power in the commercial sector. The agreement must comply with Belgian federal and regional energy regulations, including specific requirements for grid connection, green certificates, and support schemes. It typically includes detailed provisions for system installation, maintenance, performance guarantees, and eventual ownership transfer options, while addressing specific Belgian market mechanisms and regulatory requirements.
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1. Parties: Identification of the Generator/Seller and the Commercial Customer/Buyer
2. Background: Context of the agreement, including facility location and purpose
3. Definitions: Detailed definitions of technical, commercial, and legal terms used in the agreement
4. Sale and Purchase Obligations: Core obligations regarding electricity sale and purchase, including minimum purchase commitments
5. Term and Termination: Duration of agreement, conditions for renewal, and termination rights
6. Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures
7. Metering and Billing: Requirements for measuring electricity delivery and billing processes
8. Installation and Commissioning: Requirements and process for system installation and commissioning
9. Operation and Maintenance: Responsibilities for system operation and maintenance
10. Grid Connection and Compliance: Requirements for grid connection and regulatory compliance
11. Force Majeure: Definition and consequences of force majeure events
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Insurance: Required insurance coverage for both parties
14. Governing Law and Dispute Resolution: Choice of Belgian law and dispute resolution mechanisms
15. General Provisions: Standard legal provisions including notices, amendments, and assignment
1. Green Certificates and Subsidies: Include when parties agree to specific allocation of green certificates or subsidies
2. Battery Storage: Include when the system includes battery storage components
3. Private Wire Arrangements: Include when system uses private wire rather than public grid
4. Multiple Delivery Points: Include when electricity is delivered to multiple customer locations
5. Change in Law Provisions: Include when specific provisions for regulatory changes are needed
6. Performance Guarantees: Include when specific performance levels are guaranteed
7. Buy-Out Options: Include when customer has option to purchase system
8. Roof Access and Repair: Include for rooftop installations requiring specific access rights
1. Technical Specification: Detailed technical specifications of the solar PV system
2. Site Description: Detailed description and drawings of installation site
3. Pricing Formula: Detailed pricing calculations and adjustment mechanisms
4. Performance Specifications: Expected output and performance parameters
5. Metering Requirements: Technical specifications for metering equipment
6. Operation and Maintenance Schedule: Detailed maintenance requirements and schedule
7. Form of Direct Agreement: Standard form for direct agreement with financiers
8. Installation Timeline: Detailed timeline for installation and commissioning
9. Grid Connection Details: Technical specifications for grid connection
10. Insurance Requirements: Detailed insurance requirements and minimum coverage
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