The Power Sales Agreement is a fundamental document in Switzerland's energy market, used to establish legally binding arrangements between power generators/sellers and purchasers. It is essential for both conventional and renewable energy projects, providing the commercial foundation for power trading and supply arrangements. The agreement must comply with Swiss federal energy legislation, including the Federal Energy Act (EnG) and the Federal Electricity Supply Act (StromVG), while also considering cantonal requirements. Typically used for medium to long-term power supply arrangements, it covers crucial aspects such as delivery obligations, pricing structures, grid access, metering, and regulatory compliance. The document is particularly important in the context of Switzerland's energy strategy 2050 and the country's transition to renewable energy sources.
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1. Parties: Identification of the power seller and purchaser with full legal entity details
2. Background: Context of the agreement, including facility details and purpose of the power sale
3. Definitions: Definitions of technical, commercial, and legal terms used throughout the agreement
4. Sale and Purchase Obligation: Core obligations regarding the sale and purchase of power, including exclusivity provisions if applicable
5. Delivery Point and Title Transfer: Specification of where power is delivered and when title passes
6. Term and Termination: Duration of the agreement and termination rights
7. Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures
8. Metering and Records: Requirements for measuring delivered power and maintaining records
9. Grid Connection and Transmission: Responsibilities for grid access and transmission arrangements
10. Operating Procedures: Day-to-day operational requirements and communications
11. Force Majeure: Definition and consequences of force majeure events
12. Representations and Warranties: Standard and specific warranties from each party
13. Liability and Indemnification: Allocation of risks and liability between parties
14. Dispute Resolution: Procedures for resolving disputes under Swiss law
15. Governing Law: Confirmation of Swiss law as governing law and jurisdiction
16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Carbon Credits and Environmental Attributes: Required if the agreement includes trading of environmental attributes or carbon credits
2. Performance Security: Include if either party is required to provide security for its obligations
3. Change in Law: Detailed provisions for handling regulatory changes, particularly important in long-term agreements
4. Insurance: Specific insurance requirements beyond standard coverage
5. Capacity Requirements: Include if the agreement specifies minimum capacity requirements
6. Reserve Requirements: Include if specific power reserves must be maintained
7. Trading and Resale Rights: Include if purchaser has rights to resell power
8. Interconnection Provisions: Detailed provisions if new interconnection infrastructure is required
1. Technical Specifications: Detailed technical parameters of power supply and facilities
2. Pricing Formula: Detailed pricing calculations and adjustment mechanisms
3. Operating Parameters: Specific operational requirements and procedures
4. Metering Specifications: Detailed metering requirements and procedures
5. Form of Performance Security: Template for any required performance security documents
6. Contact Details: List of key contacts and authorized representatives
7. Grid Connection Details: Technical specifications for grid connection
8. Testing and Commissioning Procedures: Procedures for initial and ongoing testing
9. Form of Operating Reports: Ƶ for required operational reporting
10. Transmission Requirements: Detailed transmission specifications and requirements
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