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Annexure XIV Continued… - Edelweiss

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The full capacity charges shall be payable based on the Contracted Capacity at normative availability and the<br />

incentive shall be for availability beyond 85% as provided in schedule six to the PPA. In case of availability<br />

being lower than the normative availability, the capacity charges shall be payable on proportionate basis.<br />

The PPA shall be valid from February 26, 2007 until the 25 th anniversary of the COD of the Korba Project<br />

unless terminated earlier in accordance with the PPA.<br />

2. Power purchase agreement dated January 4, 2011 between our Company and Chhattisgarh State<br />

Power Trading Company Limited (“CSPTCL”)<br />

Our Company has entered into a power purchase agreement dated January 4, 2011 with CSPTCL (“PPA”) for<br />

sale of power from the coal based power project with an installed capacity of 270 MW at village Kasaipalli,<br />

Korba, State of Chhattisgarh (“Korba Project”).<br />

As per the PPA, our Company has undertaken to sell to CSPTCL the contracted power i.e. sum of 30% of the<br />

aggregate capacity of the Korba Project and 5% of the net power generated by the Korba Project on an<br />

annualized basis in accordance with the tariff structure laid down in the PPA. The obligations of our Company<br />

include executing the Korba Project in a timely manner so as to enable each of the units and the power station<br />

to be commissioned not later than its scheduled commercial operation date and making available the<br />

contracted output and contracted capacity through the use of prudent utility practices to CSPTCL.<br />

The term of the PPA is for a period of twenty years from the date of commencement of supply of electricity by<br />

our Company to CSPTCL, unless extended in accordance with the PPA. The PPA can be terminated upon the<br />

happening of events of default by either of the parties in accordance with the PPA.<br />

3. Implementation agreement dated July 14, 2008 among our Company, the Government of<br />

Chhattisgarh (“Government”) and the Chhattisgarh State Electricity Board (“Board”)<br />

Our Company entered into an implementation agreement dated July 14, 2008 with the Government and the<br />

Board (“IA”) for the implementation of the thermal power project having an installed capacity of 250 (plus<br />

minus 20%) MW along with associated water pipelines, captive coal mines (if any), fuel transport systems, ash<br />

disposal system and transmission lines at Korba, State of Chhattisgarh (“Korba Project”). The IA replaces the<br />

memorandum of understanding dated June 19, 2006 among our Company, Government and the Board for the<br />

implementation of the Korba Project.<br />

As per the terms of the IA, our Company will provide, on an annualized basis, to the Government or agencies<br />

nominated by the Government (“Purchasing Entity”) five (5) per cent of the net power (i.e. gross power<br />

generated minus the auxiliary consumption) generated by the Korba Project at the energy (variable) charges, as<br />

determined by the appropriate electricity regulatory commission. In the event our Company is allocated<br />

captive coal block also in the State of Chhattisgarh for supply of coal to the Korba Project, then our Company<br />

will provide, on an annualized basis, to the Purchasing Entity seven and half (7.5) per cent of the net power<br />

(i.e. gross power generated minus the auxiliary consumption) generated by the Korba Project, at the energy<br />

(variable) charges, as determined by the appropriate electricity regulatory commission. The Government, the<br />

Board or their assignees have not guaranteed the purchase of power from our Company.<br />

In addition to the above, the Government shall have the first right to purchase power up to 30 (thirty) percent<br />

of the aggregate capacity of the generating unit(s) for a period of 20 (twenty) years, through its nominated<br />

agency, at the rate to be approved by the appropriate electricity regulatory commission. The manner in which<br />

offer shall be made by our Company for the sale of power has been detailed in the PPA.<br />

The IA shall continue in full force and effect for the life of the Korba Project. Our Company is required to<br />

prepare rehabilitation and resettlement plan for the Korba Project as per the prevalent policy of the state<br />

government and implement rehabilitation and resettlement of the project affected persons accordingly. Our<br />

Company shall bear all costs related to such rehabilitation and resettlement. Our Company is required to<br />

achieve the COD of the first unit of the Korba Project with 65 or 70 months from July 14, 2008.<br />

The IA can be terminated by serving a sixty (60) days notice by the Government in case of an event of default<br />

by the Company or by our Company in the event of a event of default by the Government. The IA can be<br />

terminated by either party or in the event where either party is unable to perform any obligations required to be<br />

performed due to force majeure (as defined in the IA) for a continuous period of eighteen (18) months. Our<br />

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