draft standard transmission service agreement for ... - Ministry of Power

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CONTENTS Draft Standard Transmission Service Agreement 1: Definitions and Interpretations................................................................... 5 2: Effectiveness and Term of Agreement.................................................... 18 3: Conditions Subsequent ........................................................................... 20 4: Development of the Project ..................................................................... 24 5: Construction of the Project ...................................................................... 27 6: Connection and commissioning of the Project ........................................ 30 7: Operation and Maintenance of the Project.............................................. 33 8: Availability of the project.......................................................................... 35 9: Insurances ............................................................................................... 36 10: Billing And Payment of Transmission Charges ................................... 38 11: Force Majeure...................................................................................... 46 12: Change in Law ..................................................................................... 50 13: Events of Default and Termination ...................................................... 53 14: Liability and Indemnification................................................................. 60 15: Assignments and Charges................................................................... 66 16: Governing Law and Dispute Resolution .............................................. 68 17: Representation and Warranties ........................................................... 70 18: Miscellaneous Provisions..................................................................... 73
Draft Standard Transmission Service Agreement THIS TRANSMISSION SERVICE AGREEMENT (hereinafter referred to as “TSA” or “Agreement” or "the Agreement” or “this Agreement") is made on the ………… [Insert day] of…………. [Insert month] of Two Thousand and………… [Insert Year] Between: Persons whose names, addresses and other details are provided in Schedule 1 of this Agreement (collectively referred to as the “Long Term Transmission Customers” and individually referred to as the “Long Term Transmission Customer” respectively), which expression shall unless repugnant to the context or meaning thereof include its successors, and permitted assigns) as Party of the one part; And ………………………. [Insert Name of the Transmission Service Provider], incorporated under the Companies Act, 1956, having its registered office at …………………….. (herein after referred to as Transmission Service Provider or “TSP” which expression shall unless repugnant to the context or meaning thereof include its successors, and permitted assigns) as Party of the other part; (Each of the “Long Term Transmission Customer” or “Long Term Transmission Customers-” and “TSP” are individually referred to as “Party” and collectively as the “Parties”) AND WHEREAS: A) In accordance with the Bidding Guidelines, the BPC had initiated a competitive bidding process through issue of RFQ and RFP for selecting a Successful Bidder to build, own, operate and maintain the Project comprising of the Elements mentioned in Schedule 2 (hereinafter referred to as the Project) B) Pursuant to the said bidding process, …………………….[Insert name of Successful Bidder] has been identified by the BPC as the Selected Bidder to establish the Project on build, own, operate and maintain basis to provide Transmission Service on long term basis to the Long Term Transmission Customers in accordance with the terms of this Agreement and the Transmission License. [In case of pre-signing of the RFP Project Documents, the above Article to be replaced by the following: Pursuant to the said bidding process, the BPC shall identify the Selected Bidder as the TSP, who will be responsible to set up the Project on build, own, operate and maintain basis and to provide Transmission Service on long term basis to
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ARTICLE: 13 13 EVENTS OF DEFAULT AN
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15.3 Substitution Rights of the Len
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ARTICLE: 18 18 MISCELLANEOUS PROVIS
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Address : Attention : Email : Fax.
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Year (Term of License) Commencement
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