The Contract For Differences PPA is a sophisticated energy procurement instrument used in the Belgian market when parties seek to manage long-term electricity price risks while maintaining market participation. This document type is particularly relevant for renewable energy projects where price certainty is crucial for project financing, while allowing both parties to benefit from market mechanisms. It includes comprehensive provisions for price calculations, settlement procedures, and regulatory compliance under Belgian law and EU regulations. The agreement is typically used for large-scale renewable energy projects, corporate procurement programs, or industrial consumers seeking long-term price stability while maintaining market alignment.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement, including facility details and party intentions
3. Definitions: Defined terms used throughout the agreement, including market-specific terminology
4. CfD Structure: Core mechanics of the CfD, including strike price, reference price, and settlement calculations
5. Term and Termination: Duration of the agreement and circumstances for early termination
6. Payment and Settlement: Payment mechanics, timing, and settlement procedures
7. Metering and Records: Requirements for measuring and recording electricity generation
8. Credit Support: Security requirements and credit support mechanisms
9. Force Majeure: Events constituting force majeure and consequential rights/obligations
10. Change in Law: Provisions dealing with regulatory changes affecting the contract
11. Representations and Warranties: Standard and specific warranties from each party
12. Dispute Resolution: Procedures for resolving disputes between parties
13. Governing Law: Specification of Belgian law as governing law and jurisdiction
1. Green Certificates: Provisions relating to green certificates and environmental attributes, included when relevant to the project
2. Capacity Market Participation: Terms regarding capacity market participation, if applicable
3. Insurance: Specific insurance requirements, included for larger projects or when required by financiers
4. Development Obligations: Included for projects not yet operational, covering construction and commissioning requirements
5. Direct Agreement: Provisions for lender direct agreements, included when project financing is involved
6. Grid Connection: Specific provisions relating to grid connection obligations, included when relevant to risk allocation
1. Facility Description: Technical specifications of the generating facility
2. Pricing and Settlement: Detailed pricing mechanics, calculations, and settlement procedures
3. Testing and Commissioning: Requirements and procedures for facility testing and commissioning
4. Metering Specifications: Technical requirements for metering equipment and procedures
5. Form of Direct Agreement: Template direct agreement for lenders
6. Credit Support Requirements: Detailed credit support calculations and requirements
7. Operating Parameters: Technical operating specifications and requirements
8. Form of Notices: Template notices for various contract procedures
9. Calculation Examples: Example calculations for CfD settlements and adjustments
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