A Hydrogen Purchase Agreement (HPA) is a crucial commercial document used to formalize the sale and purchase of hydrogen between producers/suppliers and end-users/buyers in Belgium. This agreement type has gained significant importance with the growing focus on hydrogen as a clean energy carrier and industrial feedstock. The document is structured to comply with Belgian federal law and EU regulations, incorporating specific requirements for hydrogen trading, safety standards, and environmental compliance. It typically includes detailed provisions for quality specifications, delivery terms, pricing mechanisms, measurement protocols, and risk allocation. The agreement is particularly relevant in the context of Belgium's energy transition strategy and its aim to develop a hydrogen economy, making it essential for both traditional industrial users and emerging clean energy applications.
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1. Parties: Identification of the seller and buyer, including registered addresses and company details
2. Background: Context of the agreement, including parties' business activities and purpose of the contract
3. Definitions and Interpretation: Definitions of technical terms, contract terminology, and rules of interpretation
4. Sale and Purchase Obligation: Core obligations regarding hydrogen supply and purchase, including take-or-pay provisions
5. Hydrogen Specifications: Detailed quality specifications, pressure requirements, and purity standards
6. Delivery Point and Title Transfer: Specification of delivery location and transfer of ownership and risk
7. Quantity and Nomination: Annual Contract Quantity, nomination procedures, and flexibility mechanisms
8. Price and Payment: Price calculation methodology, payment terms, invoicing, and credit support
9. Quality Measurement: Procedures for measuring and verifying hydrogen quality and quantity
10. Transportation and Storage: Responsibilities for transportation and any storage requirements
11. Health, Safety and Environment: Safety protocols and environmental compliance requirements
12. Force Majeure: Definition of force majeure events and consequences
13. Term and Termination: Contract duration, renewal options, and termination rights
14. Liability and Indemnification: Allocation of risks and liability between parties
15. Governing Law and Dispute Resolution: Choice of Belgian law and dispute resolution mechanisms
1. Green Hydrogen Certification: Specific provisions for green hydrogen certification and guarantees of origin, required when dealing with green hydrogen
2. Carbon Intensity: Requirements and reporting for carbon intensity of hydrogen production, relevant for low-carbon hydrogen agreements
3. Development Phase: Provisions regarding facility construction and commissioning, needed for projects involving new production facilities
4. Grid Connection: Terms related to grid connection and infrastructure, required when using pipeline delivery
5. Storage Facilities: Specific provisions for hydrogen storage facilities, needed when storage is part of the agreement
6. Government Subsidies: Provisions relating to government support schemes, relevant when project relies on subsidies
7. Transitional Services: Provisions for technical support or training, relevant for new market participants
1. Technical Specifications: Detailed technical specifications for hydrogen quality and delivery parameters
2. Pricing Mechanism: Detailed price calculation formulas and adjustment mechanisms
3. Measurement Procedures: Detailed procedures for quantity and quality measurement
4. Operating Procedures: Day-to-day operational procedures and protocols
5. Form of Bank Guarantee: Template for bank guarantee or other credit support documents
6. Delivery Point Specifications: Technical details and drawings of delivery point infrastructure
7. Safety Procedures: Detailed safety protocols and emergency procedures
8. Nomination Procedures: Detailed procedures for quantity nominations and scheduling
9. Quality Testing Methods: Specific testing methods and standards for hydrogen quality verification
10. Contact Details: List of key contacts and authorized representatives
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