c)                 Precedence & Project Documents: Implementation Agreement (I.A.) entered into between the Govt. of Himachal Pradesh (GoHP) and the IPP precedes the Power Purchase Agreement and statement to this effect is incorporated in the preamble to the Power Purchase Agreement. 

                        For the purpose of Power Purchase Agreement, Approved Detailed Project Report (DPR) and the Techno-Economic Clearance (TEC) accorded to the Project are the project documents and these aspects are covered in Section 2.2.5 of the Power Purchase Agreement. 

                        Signing of I.A. by the IPP with the GoHP and TEC to the detailed project report submitted by the IPP form a precedence to the signing of Power Purchase Agreement. 

The conditions precedent that govern the effectiveness of various obligations under the Power Purchase Agreement have not been included as the same are not necessary in view of the fact that the power is to be purchased at a fixed rate if the request for agreeing to the concerned provision  is agreed to by the Honble Commission. However, the PPA will come into force after its approval by HPERC, and signing by both the parties. 

d)                  Development of the Project: Since the aspects relevant to the development of the project are covered in the I.A. the Power Purchase Agreement, therefore, does not incorporate any such provisions.  Section 4 of the Implementation Agreement, annexed as Annexure-B, in this context may kindly be referred to. 

e)                 Safeguards against the delay in commissioning of the Project: I.A. in terms of Section 4.3 (Annexure-B) and PPA (Annexure-A) Article 16 Clause 16.2 provides for safeguards against delay in Commissioning of the Project and in certain situations stipulates the termination of the I.A.  The Power Purchase Agreement under Section 10.7.3 provides that in the event of termination of I.A., the Power Purchase Agreement shall also get terminated. 

f)                  Construction: Article 3 of the Power Purchase Agreement incorporates this aspect. 

g)                   Synchronization, Commissioning & Commercial Operations: Article 4 of the Power Purchase Agreement accounts for this aspect. 

h)                  Operation &Maintenance: Article 5 of the Power Purchase Agreement deals with this aspect only. 

i)                  Capacity, availability & despatch: this aspect is covered in preamble and Section 5 of the Power Purchase Agreement. 

j)                    Metering: Article 7 of the Power Purchase Agreement deals with various issues governing the metering of generated power etc.