|
k)
Payment & Invoicing: This aspect is covered in
Article 6 and Article 8 of the Power Purchase Agreement.
l)
Insurance: this aspect is covered in Section
9.1 (h) of the Power Purchase Agreement.
m)
Force Majeure: Article 12 of the Power Purchase
Agreement deals with this aspect only.
n)
Non-political events: Article 12 of the Power
Purchase Agreement deals with this aspect also.
o)
Changes in Law of Taxes: In view of the fact
that Power Purchase Agreement provides for a flat rate of purchase of power
for the entire period of Agreement, this aspect has not been considered and
incorporated in the Power Purchase Agreement. However, as per provisions in
the Power Purchase Agreement in terms of Section 8.8, in the event of any
imposition(s) of levies, taxes, duties and cess etc. on generation of
electricity, after the effective date, reimbursement thereof shall be
provided by the Board to the Company on the quantum of Net Saleable Energy.
p)
Termination of Agreement: Sections 10.3, 10.4
and 10.6 read with Section 10.7 of the Power Purchase Agreement detail out
the procedure with regard to termination of Agreement and also the
consequences thereof.
q)
Liabilities & Indemnification: this aspect, in
its generality, has been covered in Section 15.17 of the Power Purchase
Agreement.
r)
Assign & Charges: Section 15.10 of the Power
Purchase Agreement incorporates this aspect.
s)
Governing Law for Arbitration & Disputes:
Section 13.2 of the Power Purchase Agreement discusses this aspect.
t)
Confidentiality: Section 15.11 of the Power
Purchase Agreement incorporates this aspect.
u)
Miscellaneous Provisions : These have been
discussed in detail in Article 15 of the Power Purchase Agreement.
v)
Liquidated Damages : Article 16 of PPA
incorporates this aspect.
12.
The Power Purchase Agreement specifies the following:
a)
Duration of the Agreement: Section 10.1 &
10.2
b)
Various circumstances that may necessitate the
review of the Power Purchase Agreement:
i)
Introduction of TOD/Frequency linked energy
account for own consumers by the Board Section 8.9 |