The Power Sales Agreement serves as the primary commercial instrument for power trading in Nigeria's electricity market. This document is essential when establishing long-term power supply arrangements between generators and buyers, whether they are distribution companies or eligible large consumers. The agreement must align with Nigeria's Electric Power Sector Reform Act and NERC regulations, incorporating specific requirements for pricing, technical standards, and operational procedures. It typically includes detailed provisions for power delivery, payment terms, performance standards, and risk allocation, while also addressing unique aspects of Nigeria's power sector such as grid stability, force majeure events specific to the Nigerian context, and local content requirements. The document is particularly crucial in project finance transactions and for demonstrating bankable revenue streams to potential investors and lenders.
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1. Parties: Identification and details of the power seller and buyer
2. Background: Context of the agreement, including relevant licenses and authorizations
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Sale and Purchase Obligations: Core obligations regarding power supply and purchase commitments
5. Term and Termination: Duration of agreement and termination provisions
6. Delivery Point and Title: Specification of power delivery point and transfer of title
7. Metering and Testing: Requirements for power measurement and meter testing
8. Billing and Payment: Payment terms, invoicing procedures, and dispute resolution
9. Security Arrangements: Required performance security and credit support
10. Force Majeure: Events excusing performance and related procedures
11. Representations and Warranties: Standard legal representations by both parties
12. Liability and Indemnification: Allocation of risks and indemnification obligations
13. Dispute Resolution: Procedures for resolving disputes
14. Governing Law: Nigerian law as governing law and jurisdiction
15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Change in Law: Provisions addressing regulatory changes, used when regulatory environment is volatile
2. Grid Interface: Technical requirements for grid connection, needed for grid-connected projects
3. Environmental Compliance: Environmental obligations, included for projects with significant environmental impact
4. Local Content: Nigerian local content requirements, included when required by regulations
5. Step-in Rights: Lender's step-in rights, included when project financing is involved
6. Insurance: Specific insurance requirements, included for higher-risk projects
7. Construction and Testing: Construction milestones and testing procedures, for new facilities only
1. Technical Specifications: Detailed technical parameters of power supply
2. Pricing and Payment Terms: Detailed pricing formula, adjustments, and payment procedures
3. Testing and Commissioning Procedures: Procedures for initial and periodic testing
4. Performance Standards: Required availability and performance metrics
5. Metering Specifications: Technical requirements for metering equipment
6. Operating Procedures: Detailed procedures for daily operations
7. Interconnection Requirements: Technical specifications for grid connection
8. Form of Performance Security: Template for required security instruments
9. Dispute Resolution Procedures: Detailed procedures for various types of disputes
10. Contact Information: List of key personnel and contact details
Authors
Relevant legal definitions
Clauses
Relevant Industries
Energy & Utilities
Power Generation
Power Distribution
Industrial Manufacturing
Mining
Oil & Gas
Infrastructure
Renewable Energy
Heavy Industry
Relevant Teams
Legal
Commercial
Operations
Finance
Regulatory Affairs
Business Development
Risk Management
Technical Operations
Energy Trading
Project Development
Procurement
Relevant Roles
General Counsel
Legal Director
Commercial Director
Power Plant Manager
Energy Trading Manager
Business Development Manager
Regulatory Compliance Officer
Chief Financial Officer
Operations Director
Technical Director
Contract Manager
Risk Manager
Project Finance Manager
Energy Procurement Manager
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