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Annexure XIV Continued… - Edelweiss

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policy of the state government and implement rehabilitation and resettlement of the project affected persons<br />

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

required to achieve the COD of the first unit of the Ratija Project with 65 or 70 months from February 18,<br />

2010.<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 our 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 />

Company can also terminate the IA, in the event of enactment of any law or regulation or any subsequent act<br />

of any Governmental Instrumentality, which makes the performance of this IA impossible for it.<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 30 MW at Chakabura, Korba<br />

District, State of Chhattisgarh (“Chakabura Project (II)”).<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 Chakabura Project (II) and 5% of the net power generated by the Chakabura Project<br />

(II) on an annualized basis in accordance with the tariff structure laid down in the PPA. The obligations of our<br />

Company include executing the Chakabura Project (II) in a timely manner so as to enable each of the units and<br />

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

available the 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 />

III.II<br />

600 MW power plant at Raigarh, State of Chhattisgarh<br />

1. Implementation agreement dated January 15, 2010 among TRN Energy Private Limited (“TRN”), the<br />

Government of Chhattisgarh (“Government”) and Chhattisgarh State Power Holding Company<br />

Limited (“CSPHCL”)<br />

TRN entered into an implementation agreement dated January 15, 2010 with the Government and CSPHCL<br />

(“IA”) for the implementation of the thermal power project having an installed capacity of 625 (plus minus<br />

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

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

replaces the memorandum of understanding dated June 11, 2007 among TRN, Government and the CSPHCL<br />

for the implementation of the Raigarh Project.<br />

As per the terms of the IA, TRN 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 Raigarh Project at the energy (variable) charges,<br />

as determined by the appropriate electricity regulatory commission. In the event TRN is allocated captive coal<br />

block also in the State of Chhattisgarh for supply of coal to the Raigarh Project, then TRN will provide, on an<br />

annualized basis, to the Purchasing Entity seven and half (7.5) per cent of the net power (i.e. gross power<br />

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

as determined by the appropriate electricity regulatory commission. The Government, the Board or their<br />

assignees have not guaranteed the purchase of power from TRN.<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 TRN for the sale of power has been detailed in the IA.<br />

The IA shall continue in full force and effect for the life of the Raigarh Project. TRN is required to prepare<br />

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

and implement rehabilitation and resettlement of the project affected persons accordingly. TRN shall bear all<br />

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