The Hydrogen Purchase Agreement (HPA) is a specialized commercial contract used to formalize the sale and purchase of hydrogen between producers/suppliers and commercial/industrial buyers in Austria. This document is particularly relevant in the context of Austria's energy transition and industrial decarbonization efforts, incorporating both EU-wide and Austrian-specific regulatory requirements. The agreement typically includes detailed provisions for hydrogen specifications, delivery conditions, pricing mechanisms, quality control procedures, and compliance with safety regulations. It is especially important for green hydrogen projects and industrial applications where specific purity levels and carbon intensity requirements must be met. The HPA addresses key commercial terms while ensuring compliance with Austrian commercial law, EU energy regulations, and relevant technical standards for hydrogen handling and safety.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context of the agreement, including brief description of parties' businesses and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Sale and Purchase Obligation: Core obligations regarding the sale and purchase of hydrogen, including take-or-pay provisions if applicable
5. Quantity and Nominations: Specified quantities, minimum/maximum volumes, and nomination procedures
6. Quality Specifications: Required hydrogen quality specifications and testing procedures
7. Delivery Point and Title Transfer: Specification of delivery point(s) and transfer of title and risk
8. Price and Payment: Pricing mechanism, payment terms, invoicing, and payment security
9. Term and Termination: Duration of agreement, renewal options, and termination rights
10. Transportation and Storage: Responsibilities for transportation and any storage requirements
11. Health, Safety, and Environment: HSE requirements and compliance obligations
12. Force Majeure: Force majeure events and consequences
13. Liability and Indemnification: Liability limitations and indemnification obligations
14. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms
15. Confidentiality: Confidentiality obligations and permitted disclosures
16. Boilerplate Provisions: Standard contractual provisions including notices, amendments, assignment, etc.
1. Carbon Intensity Requirements: Used when specific carbon intensity levels for hydrogen production must be met, particularly for green hydrogen contracts
2. Guarantee of Origin: Include when tracking and certifying the origin and production method of hydrogen is required
3. Infrastructure Development: Required when new infrastructure needs to be developed for delivery
4. Interim Supply Solutions: Include when temporary supply arrangements are needed during infrastructure development
5. Government Subsidies and Support: Include when the project relies on or is eligible for government support schemes
6. Capacity Reservation: Used when buyer requires dedicated production capacity
7. Credit Support: Include when additional financial security is required from either party
8. Change in Law: Detailed provisions for handling regulatory changes, particularly important in emerging hydrogen markets
1. Technical Specifications: Detailed hydrogen quality specifications and testing methods
2. Pricing Mechanism: Detailed pricing formulae, adjustments, and examples
3. Nomination and Scheduling Procedures: Detailed procedures for quantity nominations and scheduling
4. Measurement and Testing: Technical requirements for measurement and testing equipment and procedures
5. Delivery Point Specifications: Technical details of delivery point(s) including pressure requirements
6. HSE Requirements: Detailed health, safety, and environmental requirements and procedures
7. Form of Parent Company Guarantee: Template for parent company guarantee if required
8. Form of Bank Guarantee: Template for bank guarantee if required
9. Operating Procedures: Detailed operational procedures and requirements
10. Carbon Intensity Calculation Methodology: Methodology for calculating and verifying carbon intensity
Authors
Relevant legal definitions
Clauses
Relevant Industries
Energy
Industrial Manufacturing
Chemical Production
Steel Manufacturing
Transportation
Renewable Energy
Oil & Gas
Clean Technology
Utilities
Industrial Gases
Relevant Teams
Legal
Commercial
Operations
Health Safety and Environment
Procurement
Risk Management
Compliance
Technical
Business Development
Supply Chain
Sustainability
Project Development
Relevant Roles
Commercial Director
Energy Trading Manager
Legal Counsel
Technical Operations Manager
HSE Manager
Procurement Manager
Business Development Director
Risk Manager
Compliance Officer
Supply Chain Manager
Chief Commercial Officer
Energy Transition Director
Sustainability Manager
Contract Manager
Project Development Manager
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