Common use of Third Party Verification Clause in Contracts

Third Party Verification. 5.10.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCL, its authorised representatives including representatives from AEGCL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL for non supply of Power by the Solar Power Developer

Third Party Verification. 5.10.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCLBESCOM, its authorised representatives including representatives from AEGCL KREDL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF i.e. Maximum CUF mentioned by bidder at the time of PPA signing minus 12% with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL BESCOM for non supply of Power by the Solar Power Developer.

Third Party Verification. 5.10.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCLESCOM, its authorised representatives including representatives from AEGCL KREDL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF i.e. Maximum CUF mentioned by bidder at the time of PPA signing minus 12%19 with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL the concerned ESCOM for non supply of Power by the Solar Power Developer.

Third Party Verification. 5.10.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCL, its authorised representatives including representatives from AEGCL APGCL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL for non supply of Power by the Solar Power Developer

Third Party Verification. 5.10.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCLESCOM, its authorised representatives including representatives from AEGCL KREDL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF 14% with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL the concerned ESCOM for non supply of Power by the Solar Power Developer.

Third Party Verification. 5.10.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCLESCOM, its authorised representatives including representatives from AEGCL KREDL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF i.e. Maximum CUF mentioned by bidder at the time of PPA signing minus 12% with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL the concerned ESCOM for non supply of Power by the Solar Power Developer.

Third Party Verification. 5.10.1 5.9.1 The Solar Power Developer shall be further required to provide entry to the site of the Power Project free of all encumbrances at all times during the Term of the Agreement to APDCL, its authorised representatives including representatives from AEGCL and a third Party nominated by any Governmental Instrumentality for inspection and verification of the works being carried out by the Solar Power Developer at the site of the Power Project. The Solar Power Developer shall bear the cost of appointment of Third Party verification. 5.10.2 5.9.2 The third party may verify the construction works/operation of the Power Project being carried out by the Solar Power Developer and if it is found that the construction works/operation of the Power Project is not as per the Prudent Utility Practices, it may seek clarifications from Solar Power Developer or require the works to be stopped or to comply with the instructions of such third party. 5.10.3 5.9.3 The third party may carry out checks for testing the CUF of the Power Project. During a Contract Year, if the CUF of the Power Project is found to be below the minimum CUF of 16.21% with respect to Solar PV technology on account of reasons solely attributable to Solar Power Developer, the Solar Power Developer shall be liable for non fulfillment of its obligation. The liability, shall be levied by APDCL for non supply of Power by the Solar Power Developer