Common use of Obligations of the Solar Power Developer Clause in Contracts

Obligations of the Solar Power Developer. 4.1.1 The Developer shall be responsible for identifying the location for the project, land acquisition, installation, commissioning, power evacuation, obtaining all requisite approvals (including open access approvals), undertake transmission feasibility studies etc. at its own cost for setting up the solar project. 4.1.2 The Project shall be designed, engineered and constructed by the Bidder with reasonable due diligence subject to all applicable Indian laws, rules, regulations and orders having the force of law from time to time. 4.1.3 Solar Power Developer should be thoroughly aware of the Electricity Rules & Regulations to undertake supply of power as per the requirement of this RFP. 4.1.4 Bidder shall be responsible for all type of approvals (SEB, MNRE, CEIG,etc.) required by an industrial or commercial unit like factory license, consent to establish, consent to operation, environment clearance, land conversion, NOC from concerned authorities for setting up the solar project. The solar energy developers are required to obtain necessary clearances and permits as required for setting up the solar power projects, including but not limited to the following: i. No Objection (NOC)/Environmental clearance (if applicable) for the Project. ii. Forest Clearance (if applicable) for the land for the Project. iii. Approval for water from the concerned authority (if applicable) required for the Project. iv. Any other clearances as may be legally required, in order to establish and operate the Project 4.1.5 The Developer has to bear the entire expenditure of Interconnection Facilities for power evacuation. Interconnection Facilities means all the equipment and facilities, including, but not limited to, all metering facilities, switchgear, substation facilities, transmission lines and related infrastructure, to be installed at the Voltage of Injection at the Bidder's expense from time to time throughout the Term of the PPA necessary for reliable and safe evacuation of energy from the Project in accordance with the terms of the PPA. 4.1.6 The Developer shall use components or equipment complying with approved or minimum technical standards as per the International Electro-technical Commission (“IEC”) or Bureau of Indian Standards (“BIS”). Detailed technical parameters for Solar PV projects to be met by Developers are at Annexure – A. The Developer shall deploy only commercially established PV modules from Tier-1 suppliers (as per Bloomberg list of tier 1 PV module manufacturers) for generation of power 4.1.7 The Developer shall be responsible for securing with all the necessary permissions and consents for open access from concerned government agencies for the term of the PPA for flow of power from solar Project up to Delivery point. SBI shall provide reasonable support and assistance wherever possible without any type of cost. 4.1.8 The Developer shall always comply with the provisions of the Grid Code. Notwithstanding any provision in this Agreement, the Solar Power Developer shall comply with the state Grid Code, dispatch practices, performance standard, protection & safety as required as per the rules & regulations in force as applicable from time to time in the State of Telangana. 4.1.9 The Developer shall be responsible for obtaining necessary approvals (Wheeling, Banking Approvals for both the locations) consents, permits, clearances or licenses for operation of the Project and supply of power to SBI facilities. Maintenance of wheeling & banking approvals shall also be the responsibility of Developer. 4.1.10 The Project shall be synchronized by the Developer to the grid system when it complies with all the connectivity conditions specified in the Grid Code in force. The synchronization equipment shall be installed by the Developer at its generation facility of the Project at its own cost. The Developer shall synchronize its system with the grid system only after the approval of synchronization scheme under the supervision of the concerned authorities of the grid system. 4.1.11 The Developer shall be responsible for any scheduling and forecasting requirements and associated costs as may be required for satisfactory operation of the Project throughout the Term. Developer shall be responsible to ensure adherence to the grid code as per prevailing regulations of Telangana. 4.1.12 The Developer shall be responsible for complete operation & maintenance (O&M), overhaul of the plant, equipment, works, switch yard and transmission lines and equipment up to the Injection point of the project in accordance with the established prudent practices. 4.1.13 Developer shall ensure that all necessary safety standards as per best industrial practices, applicable laws and regulations are strictly adhered to during construction as well during entire term of the PPA. Security of the project shall be the responsibility of Bidder during construction as well as for the entire term of the PPA. 4.1.14 Developer shall effect and maintain or cause to be effected and maintained, at its own cost and expense, adequate cover throughout the PPA term, insurances against all risks, damages, losses related to Solar Power Plant or any other liability arising on account of Applicable Law. Developer shall also effect and maintain, at its own cost and expenses, throughout the Term of this Agreement, appropriate cover of adequate amount of third party insurance to cover any injury, accident, death of individuals, employee, worker or any other person. Power Producer shall provide the copy of all insurance policy for reference and record. 4.1.15 The Developer shall be responsible for achieving financial closure within 120 days of the signing of the PPA 4.1.16 The Developer shall be responsible for achieving Commercial Operation Date within the timelines stipulated for Scheduled COD as per this Agreement. 4.1.17 The Solar Power Developer shall abide by minimum equity requirements as follows, i. After execution of PPA, the percentage of controlling shareholding of the Bidding Company or Lead Member in the Project Company setting up the Project shall be maintained for a period of one (1) year after COD. Thereafter, any change can be undertaken under intimation to SBI ii. Lead Member in the Consortium hall have the Controlling Shareholding in the Company having more than 51% of voting rights in the Company. 4.1.18 Any other obligation related to ownership imposed on the SPD as per the provisions of the RFP 4.1.19 The developer shall be responsible for installing ABT compliant Metering System as per the requirements of DISCOM at the metering points of the SBI premises for accurately recording the receipt of electricity at the drawl point. SBI shall provide reasonable support and assistance wherever possible during the process. The bidder shall incur the cost of ABT compliant meters and other equipment initially and shall get the same reimbursed from SBI after furnishing of documentary evidence.

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement