Construction Development of the Project. 4.1 SPD’sObligations a) The SPD undertakes to be responsible, at SPD’s own cost and risk, for: b) The SPD shall be solely responsible and make arrangements for development of the Project and for Connectivity up to the delivery point at the Sub Stationof TSS of Railways or STU (MSETCL), as the case may be for confirming the evacuation of power by the Scheduled Commissioning date and all clearances relatedthereto; c) Obtaining all Consents, Clearances and Permits as required and maintaining all Consents, Clearances and Permits in full force and effect during the Term of this Agreement. The Solar Power Developer shall, on his own, obtain permissions/ sanctions from Government authorities, if any required for establishing the project. d) Designing, constructing, erecting, commissioning, completing and testing the Power Project in accordance with the applicable Law, the Grid Code, the terms and conditions of this Agreement and Prudent UtilityPractices. e) the commencement of supply of power up to the Contracted Capacity to NODAL RAILWAY no later than the Scheduled Commissioning Date and continuance of the supply of power throughout the term of the Agreement. f) Connecting the Power Project switchyard with the Interconnection Facilities at the Delivery Point; The SPD shall make adequate arrangements to connect the Power Project switchyard with the Interconnection Facilities atInterconnection/ Metering / Delivery Point. g) Owning the Power Project throughout the Term of Agreement free and clear of encumbrances, except those expressly permitted under Article15. h) Maintaining its controlling shareholding (controlling shareholding shall mean more than 50% of the voting rights and paid-up share capital) prevalent at the time of signing of PPA up to a period of one(1) year after Commercial Operation Date of the Project in line with the provisions of the RfS; However transfer of controlling shareholding within the same Group Companies will be allowed with the permission of NODAL RAILWAY after COD subject to the condition that the management control remains within the same Group Companies;and i) Fulfilling all obligations undertaken by the SPD under thisAgreement. j) Obtaining Long Term Access (LTA), where applicable, for evacuation of the Contracted Capacity and maintaining it throughout the term of theAgreement. k) The SPD shall be responsible to for directly coordinating and dealing with NODAL RAILWAY and other authorities in all respects in regard to declaration of availability, scheduling and dispatch of Solar Power and due compliance with deviation and settlement mechanism and the applicable Grid code/State/Central Regulations, acknowledging that the SPD and NODAL RAILWAY are Grid connected entities. l) The SPD shall fulfil the technical requirements according to criteria mentioned under Annexure II–Technical requirement for Grid Connected Solar PV Power Stations under Guidelines for Tariff Based Competitive Bidding Process for Procurement of Power from Grid Connected Solar Power Projects, issued by Ministryof Power, vide resolution no.23/27/2017-R&R dated 03.08.2017 and its amendments issuedthereof. m) Further, the Project being implemented under this Agreement shall fulfil the criteria as per Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007, and subsequent amendments and clarifications thereof, n) As part of scheduling of power from the Project, the SPD will be required to punch-in their respective schedules and subsequent revisions, by themselves, at the interfaces, including NODAL RAILWAY, as per the Regulations in force. NODAL RAILWAY may facilitate in identification of any discrepancy and assist the SPD for its early rectification without any liability on NODAL RAILWAY. The SPD shall be solely responsible for discrepancy identification and its rectification to avoid any rejection/less payment of invoices.
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