A Power Supply Agreement is essential for establishing legally binding arrangements for the supply of electrical power in Germany. This document is typically used when businesses, industrial consumers, or commercial entities need to secure their power supply directly from generators, suppliers, or utility providers. The agreement must comply with German energy regulations, particularly the Energy Industry Act (EnWG), Renewable Energy Sources Act (EEG), and various technical ordinances. It covers crucial aspects including supply specifications, pricing structures, delivery points, metering requirements, grid access arrangements, and regulatory compliance obligations. The document is particularly important in the context of Germany's energy transition (Energiewende) and may include specific provisions for renewable energy sources, grid stability requirements, and energy efficiency obligations.
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1. Parties: Identification of the power supplier and the customer, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including purpose, any relevant facility details, and basic commercial intent
3. Definitions and Interpretation: Definitions of technical terms, industry-specific terminology, and contract interpretation rules
4. Supply Obligations: Core obligations regarding power supply, including quantity, quality, and delivery point specifications
5. Technical Requirements: Technical specifications of supply, including voltage levels, frequency, and power factor requirements
6. Metering and Measurement: Requirements for measuring supplied electricity, including meter specifications and reading procedures
7. Price and Payment Terms: Pricing structure, payment terms, invoicing procedures, and any applicable taxes or levies
8. Grid Access and Connection: Provisions regarding grid connection, access rights, and coordination with grid operators
9. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
10. Force Majeure: Definition of force majeure events and their consequences
11. Liability and Indemnification: Allocation of risks and liabilities between parties, including indemnification obligations
12. Compliance with Laws: Obligations to comply with relevant energy laws and regulations
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
14. Confidentiality: Protection of confidential information and trade secrets
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Renewable Energy Requirements: Required when supply includes renewable energy sources, addressing EEG requirements
2. Demand Response: Optional provisions for demand response services and load management
3. Energy Efficiency Obligations: Required when parties agree to specific energy efficiency targets or programs
4. Trading and Resale Rights: Optional provisions for electricity trading or resale rights
5. Performance Security: Optional requirements for bank guarantees or other security arrangements
6. Change in Law: Optional detailed provisions for handling regulatory changes affecting the agreement
7. Insurance: Optional specific insurance requirements beyond standard coverage
8. Emergency Procedures: Optional detailed procedures for handling emergency situations
9. Sustainability Commitments: Optional provisions for environmental and sustainability obligations
1. Technical Specifications: Detailed technical parameters of power supply and equipment specifications
2. Pricing Schedule: Detailed pricing mechanisms, formulas, and adjustment procedures
3. Metering Protocol: Detailed procedures for metering, measurement, and reconciliation
4. Operating Procedures: Day-to-day operational procedures and coordination requirements
5. Contact Details: List of key contacts and authorized representatives for both parties
6. Performance Standards: Detailed quality and performance requirements for power supply
7. Grid Connection Details: Technical specifications of grid connection points and requirements
8. Renewable Energy Certificates: Details of renewable energy certificates and tracking (if applicable)
9. Form of Bank Guarantee: Template for performance security documentation (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Energy & Utilities
Manufacturing
Industrial Production
Commercial Real Estate
Retail
Healthcare
Data Centers
Telecommunications
Mining
Chemical Industry
Automotive
Food & Beverage
Agriculture
Public Sector
Transportation & Logistics
Relevant Teams
Legal
Procurement
Operations
Finance
Risk Management
Compliance
Technical Services
Sustainability
Commercial
Regulatory Affairs
Energy Management
Facilities Management
Contract Administration
Relevant Roles
Energy Procurement Manager
Legal Counsel
Technical Operations Director
Facility Manager
Energy Trading Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Operations Manager
Risk Manager
Sustainability Director
Engineering Manager
Commercial Director
Regulatory Affairs Manager
Energy Efficiency Manager
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