Renewable
Renewable
Renewable
NEW DELHI
No. L-1/(3)/2009-CERC
Coram:
Shri P.K. Pujari, Chairperson
Shri A.K. Singhal, Member
Shri A.S. Bakshi, Member
Dr. M.K. Iyer, Member
ORDER
sources to inter-State Transmission System (ISTS). The relevant portion of the said
2. The CTU vide its letter No. C/CTU/CERC dated 31.1.2018 has submitted the
23.4.2018.
various provisions of the draft Detailed Procedure. The Detailed Procedure has been
finalized after considering the comments/ suggestions received from the stakeholders.
7. The Detailed Procedure shall come into force from the date of this Order.
2. Applicability
ii) CTU, Central Government designated agencies viz SECI etc., MNRE, RLDCs,
SLDCs, STUs and concerned distribution companies.
2.2. This Procedure shall come into effect from the date it is notified by the
Commission except for the following categories for which the date shall be
separately notified by the Commission:
2.3. Applications for Connectivity by Solar Power Park Developer, Wind Power Park
Developer, Wind-Solar Power Park Developer, and Generation Projects based
on renewable energy sources including hybrid projects based on renewables
and storage shall be processed in two stages:
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 1
(a) Stage-I Connectivity
2.4 An entity may apply for Stage-I and Stage-II Connectivity separately or
simultaneously. The application for Stage-II may be made along with or after
Stage-I connectivity application.
4. Eligibility:
4.3. In the event of a proposal to augment the capacity, a fresh application for
additional capacity shall be submitted as per the provisions of this Procedure.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 2
4.4. The Applicants who have been granted Connectivity to ISTS for the Generation
projects based on particular renewable energy source(s) may change the
generation project to be based on another renewable energy source(s) in part or
full, under intimation to CTU. In such cases CTU shall incorporate the necessary
change in connection agreement.
5. Processing of Applications
5.1. An entity or company who has been granted Connectivity or Connectivity and
LTA prior to issue of this Procedure for setting up project(s) / park based on
renewable energy sources shall be treated as under after notification of this
Procedure:
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 3
issue of this Procedure. month of issue of this
Procedure.
6 Applicant who has been The Applicant shall be The applicant shall
granted Connectivity and LTA deemed as Stage-I submit the required
Connectivity grantee documents for Stage-I
and shall be required to Connectivity within 1
apply for Stage-II month of issue of this
Connectivity as per the Procedure.
Procedure.
In case of more than one wholly owned (100%) subsidiary of the same company,
the lock-in period of one year shall apply from commencement of supply of power
from the last such subsidiary. An illustration is given below:
“A company is granted Connectivity for 1000 MW and it wins a bid for 250 MW. It
forms five wholly owned (100%) subsidiaries of 50 MW each. In such a case
lock-in period shall be 1 year from commencement of supply from last subsidiary
(i.e. subsidiary which is commissioned last) out of this 250 MW.”
5.2.2 In the cases covered under clause 5.2.1, the parent company will act as
lead generator and undertake all operational and commercial responsibilities for the
renewable energy generating station(s) in following the provisions of the Indian
Electricity Grid Code and other regulations of the Commission, related to grid
security, scheduling and dispatch, collection and payment/adjustment of
Transmission charges, deviation charges, congestion and other charges etc. The
consortium agreement amongst lead generator and other generators shall be as per
FORMAT – CON – LGN.
5.2.3 A parent company can exit only if, one of the subsidiaries is willing to take
over as lead generator and is responsible for all activities stated above.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 4
5.2.4 Except as provided in clauses 5.2.1 to 5.2.3, connectivity granted to an
entity shall not be transferred or assigned to any other entity.
5.3.1 For the connectivity system, the dedicated transmission line including line bays at
generation pooling station shall be under the scope of the applicant and the
terminal bays at the ISTS sub-station shall be under the scope of transmission
licensee owning the ISTS sub-station subject to compliance of relevant provision
of tariff policy.
5.3.2 Wind power developers who have emerged successful in the bidding conducted
by Central/State Government designated agency, before coming into force of this
Procedure, shall have the option to implement the bays associated with their
dedicated lines at the ISTS sub-station by themselves or through the
transmission licensee owning the sub-station subject to compliance of relevant
provisions of tariff policy. The transmission licensee and the project developer
shall endeavour to match the implementation of bays with that of associated
dedicated transmission line.
6.1 Applications for Grant of Connectivity to ISTS shall be made online as per the
application form [FORMAT-RCON-I] available at https://openaccess.powergrid.in.
(iv) Scanned Copy of the Board Resolution authorizing filing of application and
designating a person for the same, where the Applicant is a company;
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 5
(v) Scanned Copy of authorization certificate issued by the Central or State
Government to Wind or Solar or Wind-Solar Power Park Developers, as
may be applicable.
6.3 The applications complete in all respects, received online shall have a time and
date stamp. Further, such applications received by 2400 hrs. of the last day of
the month shall be deemed to have been received during the month and shall be
processed after the end of the month except as specifically provided otherwise at
Clause 6.5 of this Procedure.
6.5 After scrutiny, nodal agency shall intimate the deficiencies in the application, if
any, to the applicant within one week of receipt of application. The applicant shall
rectify the deficiency within one week thereafter, failing which the application
shall be closed and 20% of the application fees shall be forfeited and balance
shall be refunded. If the rectified application is received from the applicant after
2400 hrs of the last day of the month in which application is made, application
shall be deemed to have been made in subsequent month and shall be
processed accordingly.
6.6 The Stage-I Connectivity grantees who fail to apply for Stage-II Connectivity
within 24 months from grant of Stage-I Connectivity shall cease to be Stage-I
grantee and their Application fees shall be forfeited.
6.7 Deemed Stage-I Connectivity grantees shall apply for Stage-II connectivity within
24 months from the date of notification of this Procedure failing which they shall
cease to be Stage-I grantee and their Application fees shall be forfeited.
6.8 If entire or part of capacity granted under Stage-I is not utilized for Stage-II
Connectivity, such unutilized capacity shall be cancelled under the timeframe
provided at Clause 6.6 and 6.7 above and their application fees shall be forfeited.
7.1 Upon receipt of the Connectivity application, CTU shall carry out necessary study
for grant of connectivity in the available margin in the nearest existing ISTS sub-
stations or in new sub-stations under implementation/ planning stage.
7.2 New sub-stations for harnessing renewable generation potential shall be planned
by CTU in consultation with CEA, and Ministry of New and Renewable Energy
(MNRE) or its designated agency/authority / nodal officer. CTU shall regularly
interact with MNRE or its designated agency / authority / nodal officer in this
regard. The sub-station plant shall be implemented in terms of the tariff policy.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 6
7.3 CTU shall grant Stage-I Connectivity by indicating two locations- one Primary and
other alternate location- within 60 days of the last date of the month in which the
application was received.
7.4 Grant of Stage-I Connectivity shall not create any right in favour of the grantee on
ISTS infrastructure including bays.
7.5 Grant of Stage-I Connectivity shall not create any vested right in favour of any
grantee in any particular location. The grantee shall be allocated bay in either
primary or indicated alternate location which shall be specified at the time of grant
of Stage-II Connectivity based on the then availability of bay.
7.6 CTU shall indicate to the Connectivity grantee, the Voltage level for the purpose of
Connectivity of the Dedicated Transmission Line to the ISTS line bay.
7.7 Unless otherwise specified at the time of grant of Stage-I Connectivity, the power
carrying capacity of the Dedicated Transmission Line shall be as below:
3 400kV 900 MW
7.1.
7.8 The Connectivity granted under this Procedure can also be utilized for intra State
sale of power.
7.9 CTU shall display the updated status of allocation of bays at the existing or the
proposed pooling sub-stations (Primary as well as alternate location) on its website
on weekly basis.
8.1 The Stage-I Connectivity grantees shall update the quarterly progress of
development of their associated transmission infrastructures and generation
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 7
projects for the milestones covered in the FORMAT-RCON-I-M (available Online
on CTU Website) by 30th day of June and 31st day of December of each year.
8.3 CTU shall update the progress of associated ISTS transmission system required
for evacuation of power from the renewable projects, on its website by the last day
of each quarter.
9.1 Applications for Grant of stage-II Connectivity to ISTS shall be made online as per
the application form [FORMAT-RCON-II] available at https://openaccess.powergrid.in.
9.2.1 An entity which has been selected through the tariff based competitive bidding
carried out by the agency designated by the Central Government or the State
Government for development of renewable generation projects including hybrid
projects and is either a grantee of Stage-I connectivity or has applied for Stage-I
and Stage-II Connectivity simultaneously. Such entity shall be required to submit
letter of award issued by designated agency for development of the renewable
generation project including hybrid projects.
9.2.2 An entity who is a grantee of Stage-I Connectivity or who has applied for grant of
Stage-I and Stage-II Connectivity simultaneously, and is not covered under
Clause 9.2.1 above, and having achieved the following milestones:
(i) Ownership or lease rights or land use rights for 50% of the land required
for the capacity of Stage-II connectivity; and
or
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Note: In case Stage-I Connectivity is granted to a parent company and it is
eligible for grant of Stage-II Connectivity as per Clause 9.2 above for execution of
the generation projects through its 100% owned SPV / 100% owned Subsidiary,
the parent company will apply for Stage-II Connectivity for such capacity for
which it is eligible. An illustrative example is given below:
a) Suppose Company “A” is granted Stage-I Connectivity for 1000 MW. Its 100%
owned subsidiary “B” wins the bid (as identified under this Procedure) for 300
MW and attains eligibility for grant of Stage-II Connectivity. In that case “Ä” will
apply for Stage-II Connectivity for “B” for 300 MW which shall be considered as
per this Procedure.
b) In another case, suppose Company “A” is granted Stage-I Connectivity for 1000
MW. Its 100% owned subsidiary “B” attains eligibility for grant of Stage-II
Connectivity for 300 MW under Clauses 9.2.2 & 9.3.2. In that case “A” will apply
for Stage-II Connectivity for “B” for 300 MW along with necessary documents
and shall be considered for grant as per this Procedure.
9.3.1 After grant of Stage II connectivity, the grantee covered under Clause 9.2.1 shall
have to achieve the following milestones in accordance with bidding documents
and submit the proof to CTU within a week of achieving the milestone(s):
(i) Ownership or lease rights or land use rights of the land required as per
bidding documents for the capacity of Stage-II connectivity.
(ii) Financial closure within the time stipulated in the PPA. Sanction letter from
financial institution to be submitted as proof of financial closure.
(iii) Proof of release of at least 10% funds towards generation project execution
within three months from the date of financial closure supported by Auditor‟s
certificate regarding release of such funds through equity.
9.3.2 After grant of Stage II connectivity, the grantee covered under Clause 9.2.2 shall
have to achieve the following milestones and submit the proof to CTU within nine
months from date of grant of Stage-II Connectivity:
(i) In case of an entity who has submitted the proof of release of at least 10%
funds shall submit documents regarding achievement of financial closure;
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(iii) In case of entity who has submitted documents regarding achievement of
financial closures shall submit the proof of release of at least 10% funds.
9.3.3 In the event of failure to achieve above milestones as listed in Clause 9.3.1 or
Clause 9.3.2 above, as applicable, Stage-II connectivity shall be revoked by the
CTU under intimation to the grantee.
10.1 The applications complete in all respects, received online shall have a time and
date stamp. Further, such applications received by 2400 hrs. of the last day of
the month shall be deemed to have been received during the month. All
applications received by 2400 hrs. of the last day of the month shall be
processed simultaneously.
10.3 After scrutiny, nodal agency shall intimate the deficiencies in the application, if
any, to the applicant within one week of receipt of application. The applicant shall
rectify the deficiency within one week thereafter, failing which the application
shall be closed. If the rectified application is received from the applicant after
2400 hrs. of the last day of the month in which application is made, such
application shall be deemed to have been made in subsequent month and shall
be processed accordingly.
10.4 The inter-se priority for grant of connectivity to applications received during same
month shall be as per the date and time of receipt of the application complete in
all respects after rectification of deficiencies, if any.
10.5 It may happen that an entity is eligible only for Stage-II Connectivity (subject to
minimum of 50 MW) for part of the capacity covered under grant of Stage-I
Connectivity. In such a case, grant of Stage-II Connectivity for part capacity shall
be allowed.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 10
10.6 CTU while processing the Stage-II Connectivity application may seek such
clarifications, additional information, confirmation, as may be required, and may
verify the development of the generator pooling station at the end of the
applicant.
10.7 The applications shall be processed by 15th day of the following month reckoned
from 2400 hrs. of the last day of the month in which the applications were
received. Intimation for Grant of Stage-II Connectivity shall be issued within a
period of 15 days thereafter.
10.8 The intimation for grant of Stage-II Connectivity shall indicate the following:
(ii) In case of an existing sub-station, the bay number and Single Line Diagram
shall be provided along with the intimation.
10.9 The Stage-II Connectivity Grantee shall sign the Transmission Agreement for
Connectivity and submit the Connectivity Bank Guarantee (Conn-BG) (as
prescribed below) to CTU within 30 days of issue of intimation. No extension of
time shall be granted and in case of failure to sign the Agreement and / or to
furnish the requisite bank guarantee, Stage-II Connectivity shall be cancelled
under intimation to the grantee.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 11
Upto 300 MW Rs. 5,00,00,000/- (Rs. five Crore)
Examples:
(a) For 1850 MW, applicable Conn-BG shall be Rs. Thirty five Crore.
(b) For 400 MW, applicable Conn-BG shall be Rs. Ten Crore.
(iv) Undertaking to make best efforts to fully utilize the bays for dedicated
transmission infrastructure.
(i) An entity shall be eligible to apply for LTA either with Stage-II Connectivity
Application or after applying for Stage-II Connectivity Application. It shall be
granted LTA along with grant of Stage-II Connectivity or after the grant of
Stage-II Connectivity.
(ii) All existing entities who have been granted LTA prior to notification of this
Procedure shall be issued revised grant of LTA (inter-alia including date of
start and point of connection) along with grant of Stage-II Connectivity.
11.1 Stage-II Connectivity grantee shall furnish progress of the monitoring parameters
on quarterly basis in the format given at FORMAT-RCON-II-Mof by the last day of
each quarter. Failure to update progress of the monitoring parameters shall be
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 12
considered as adverse progress and in such case CTU shall approach the
Commission for appropriate directions. The payment received in terms of these
provisions shall be adjusted in the POC pool.
11.2 The Stage-II Connectivity grantees shall be required to complete the dedicated
transmission line(s) and pooling sub-station(s) within 24 months from the date of
intimation of bay allocation at existing or new / under-construction ISTS sub-station.
If the grantee fails to complete the dedicated transmission line within the stipulated
period, the Conn-BG of the grantee shall be encashed and Stage-II connectivity
shall be revoked. The payment received in terms of these provisions shall be
adjusted in the POC pool.
11.3 The grantee shall furnish certificate issued by Electrical Inspectorate of CEA
under Regulation 43 of the CEA (Measures relating to Safety and Electric Supply)
Regulations, 2010 for the dedicated transmission line(s) and pooling sub-station(s)
within 10 days of receipt of same from CEA.
(iv) CEA Manual on Transmission Planning Criteria, 2013 and any other
applicable regulations and the amendments thereof.
12.2 Additionally, the developer shall comply with the following with respect to
dedicated transmission line and pooling station:
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 13
12.2.1 Dedicated Transmission Line (DTL):
(i) The Dedicated Transmission Line shall be of voltage class matching with the
ISTS sub-station Voltage at which it is to be connected after allocation of bay.
(ii) The power transfer capability (MW) of the dedicated line from the pooling
station of the renewable generating station to the ISTS sub-station shall not be
less than the quantum as per Clause 7.7of this Procedure.
(iii) CTU in coordination with ISTS transmission licensee implementing the ISTS
pooling station shall indicate the requirement of D/c or M/c towers near ISTS
pooling station end including sharing of such towers, for optimization of space.
The developers of renewable generation projects shall comply with the
directions of CTU in this regard.
(iv) Depending on the topology, CTU may plan the connectivity of renewable
generation projects through loop in and loop out (LILO) of the Dedicated
Transmission Line for injection of power.
(i) The planned capacity of the generator pooling station shall be not less than
the capacity of the Dedicated Transmission Line required to be provided as
per the grant of connectivity.
(ii) The Dedicated Transmission Line shall be terminated at the high voltage side
of the generator/developer‟s pooling station. The bus switching scheme should
be in line with the requirements specified in the CEA Manual on Transmission
Planning Criteria, 2013 as amended from time to time.
(iii) The total capacity of the power transformers of the generator pooling station
and the rating of associated equipment like Circuit Breaker, Current
Transformer, Capacitive Voltage Transformer, bus duct etc. shall not be less
than the planned capacity of the generator pooling station in case the entire
power from the renewable generating station is being aggregated at the lower
voltage side of the generator pooling station.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 14
(iv) The minimum aggregate evacuation capacity of the generator pooling station
of renewable generation project shall not be less than 100 MVA (50 MVA for
132kV level in NER).
(v) Short circuit rating and line bay rating of the generator pooling station at
developer end may be finalized by project developer in consultation with
CTU.
(vi) The developer of renewable generation project shall comply with requirements
specified at Clause 16.4 of CEA Manual on Transmission Planning Criteria
2013, with regard to requirement of reactive compensation at the pooling
station.
(ii) Stage-II Connectivity grantee may apply for additional quantum of the
Connectivity, if required, as per FORMAT-RCON-E. CTU shall consider
the capacity of dedicated transmission line while granting the
enhancement of Connectivity.
14.1 The developer of renewable generation project shall develop the dedicated
transmission infrastructure of a definite power evacuation capacity irrespective
of the quantum of connectivity applied for. In case the developer of renewable
generation project is not able to fully utilize the dedicated transmission
infrastructure, it may be required to share the same with other developer(s) of
renewable generation project(s) with a view to ensuring optimum utilization of
the transmission system.
14.2 Connectivity grantee, while remaining the lead generator and performing its
responsibilities under IEGC and DSM Regulations may, in the interest of
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 15
optimum utilisation of its bay(s) and ISTS outlets, share the balance capacity of
the Dedicated Transmission Infrastructure over and above the connectivity
granted, with its wholly owned (100%) SPVs or other entities.
14.3 SPVs and other entities sharing connectivity of a grantee shall be entitled to
seek access based on the connectivity of the said grantee.
14.4 The Connectivity grantee or its legal assignee may share its dedicated
transmission infrastructure with any other entity for optimumutilization. In such
cases, the Connectivity grantee shall be required to perform duties of “Lead
Generator” in terms of Connectivity Regulations and shall enter into an
Agreement with the other entity(ies) to undertake all operational and
commercial responsibilities in following the provisions of the Indian Electricity
Grid Code and other regulations of the Commission, such as grid security,
metering, scheduling and dispatch, collection and payment or adjustment of
transmission charges, deviation charges, congestion and other charges etc.
14.5 In such case, the other entity(ies) shall apply for Stage-II connectivity to the
CTU and CTU may direct such Lead Generator to apply for enhancement of the
Connectivity (as per FORMAT-RCON-E) after entering into an agreement with
such entity(ies) taking into consideration the balance capacity of dedicated
transmission infrastructure.
14.6 The application for enhancement shall be processed by CTU as per the
Procedure for grant of Stage-II Connectivity.
14.7 The Stage-II Connectivity grantee may charge the entity(ies) sharing the
dedicated transmission infrastructure, one time transmission charges not
exceeding Rupees Seven Crores Fifty Lakhs for each 25 MW with annual
escalation of 3.5%.
14.8 Any capital expenditure on the augmentation of the pooling station(s) of the
Connectivity grantee required for sharing the dedicated transmission
infrastructure shall be mutually agreed between the sharing parties. The
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Connectivity grantee shall provide adequate capacity in the generator pooling
station for peak power evacuation of the sharing entity(ies).
14.9 Operation and Maintenance expenses and Transmission Losses from the
pooling station of the Connectivity grantee upto the ISTS connection point shall
be shared in proportion to the capacity of the renewable projects sharing the
transmission infrastructure.
15.2 CTU shall monitor the utilization of the dedicated transmission infrastructure. In
case CTU finds that the dedicated transmission infrastructure remains under-
utilized, CTU may seek an explanation from Stage-II Connectivity grantee. The
grantee shall explain the reasons through an affidavit duly signed by authorized
representative of the grantee within 30 days of issue of such notice. If, CTU is of
the view that the spare capacity is not being put to use without reasonable
justification, and it is resulting in denial of opportunity to other renewable
generators/developers, the matter shall be brought to the notice of the Commission
for directions with regard to the utilization of the available spare capacity.
16.1 The location and capacity of various ISTS Pooling Stations and associated
transmission facilities shall be developed keeping in view the exploitable wind or
solar potential in the area based on the information to be made available by
MNRE or any agency/authority/ nodal officer designated by MNRE.
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16.2 CTU shall coordinate with MNRE and other associated organizations for planning
and coordination with regard to development of the ISTS for evacuation of power
from renewable energy generation.
16.3 The ISTS pooling stations including line bays at lower voltage for receiving power
shall be developed as part of ISTS.
16.4 Based on consultation with MNRE, the transmission system so evolved shall be
taken up for discussion in Standing Committee for Power System Planning and
shall be implemented after regulatory approval.
16.5 CTU shall share the available capacity of the ISTS sub-station (including bay
wise availability) with the designated agencies as notified by the Government
who may take the same into consideration while inviting the bids.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 18
FORMAT-RCON-A
3. I submit that all the details given in the enclosed Application for Grant of Connectivity are
true and correct and nothing material has been concealed thereof.
4. I also submit that the documents enclosed are original or true copies of their respective
originals.
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FORMAT-RCON-I
Designation :
Fax :
E-Mail :
Designation :
Fax :
E-Mail :
Developer
Lead Generator
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6 Location of the Generation Project/Park:
Nearest Village / Town :
District :
State :
Latitude :
Longitude :
Step-up/Connection Voltage :
Owner :
Distance(Km) :
Sub-Station-2
Voltage levels available :
Owner :
Distance(Km) :
RTGS/NEFT/e-Transaction No.:
Date:
Bank Name:
Branch Name:
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 21
12 Details of Documents Enclosed with the Application
(i) Notarised affidavit as per FORMAT-RCON-1
(ii) Copy of Authorisation by the Central Government or State Government as Solar
Power Park Developer or Wind Power Park Developer, if any
(iii) Copy of Board Resolution authorising a person for filing of application, where
applicant is a company
(iv) Site(s)identification
(v) Consortium Agreement of Lead Generator, if applicable
I confirm that I am well aware of the CERC Regulations and Detailed Procedure and all the
details entered by me are in conformity with the Regulations.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 22
FORMAT-RCON-IA
1 Intimation No. :
Date :
2 Ref. Application No. :
Date :
Developer
Lead Generator
Date: Signature:
Designation
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FORMAT – RCON – I-M
STATUS AS PER MONITORING PARAMETERS FOR STAGE-I CONNECTIVITY
(To be developed on CTU Webpage)
Table 2: Monitoring Parameters after grant of Stage-I Connectivity
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Voltage Switchgear
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FORMAT-RCON-II
Designation :
Fax :
E-Mail :
Designation :
Fax :
E-Mail :
Developer
Lead Generator
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Nearest Village / Town :
District :
State :
Latitude :
Longitude :
Location:
Name(s) of the Project/Park:
Energy Source: Wind / Solar / Wind-Solar :
Step-up Voltage at generator Pooling
Station:
RTGS/NEFT/e-Transaction No.
Date:
Bank Name:
Branch Name:
I confirm that I am well aware of the CERC Regulations and Detailed Procedure and all the
details entered by me are in conformity with the Regulations.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 27
Submission Date: Name of the Authorised Signatory:
Submission Time: Signature:
Company Stamp (mandatory):
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 28
FORMAT-RCON-IIA
1 Intimation No. :
Date:
District :
State :
Latitude :
Longitude :
Developer :
Lead Generator :
Date: Signature:
Designation:
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 29
1. Note :-Applicant given intimation for Connectivity to the grid shall have to furnish
additional details to CTU for signing of “Connection Agreement” as per format given
at FORMAT-CON-4, The Applicants are advised to furnish such details as early as
possible for enabling them have lead time for any type of access.
2. The CTU will process the above information and will intimate the Connection details
as per format given at FORMAT-CON-5. Pursuant to such Connection details, the
applicant shall have to sign “Connection Agreement” with CTU prior to the physical
inter-connection as per format given at FORMAT-CON-6. In case the connectivity is
granted to the ISTS of an inter-State transmission licensee other than the CTU, a
tripartite agreement shall be signed between the applicant, the Central Transmission
Utility and such inter-State transmission licensee, in line with the provisions of the
Regulations.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 30
FORMAT – RCON – II-M
(To be developed on CTU Webpage)
STATUS AS PER MONITORING PARAMETERS FOR STAGE-II CONNECTIVITY
(Status Report to be signed by a board authorized representative alongwith copy of
letter of authorization.)
Table 3: Monitoring Parameters for Stage-II Connectivity
Sl.
Monitoring Item Status#
No.
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generator/developer status
(iv) Low Voltage switchgear configuration, no.
of sections, no. of bays in each section and
status
(v) Single Line Diagram of generator pooling
station
(vi) Date of Award of generator pooling station
(vii) Progress of generator pooling station
erection:
Switchyard, Main Transformers, Low
Voltage Switchgear
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FORMAT-RCON-E
Designation :
Fax :
E-Mail :
Designation :
Fax :
E-Mail :
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6a Capacity (MW) for which Stage-II Connectivity has been
granted :
6b Capacity (MW) for which connectivity is required to be
enhanced:
6c Date from which Connectivity is to be
enhanced :
District :
State :
Latitude :
Longitude :
RTGS/NEFT/e-Transaction No.
Date:
Bank Name:
Branch Name:
I confirm that I am well aware of the CERC Regulations and Detailed Procedure and all the
details entered by me are in conformity with the Regulations.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 34
Company Stamp (mandatory):
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 35
FORMAT-RCON-BG
To
Power Grid Corporation of India Ltd.
B-9, Qutab Institutional Area,
Katwaria Sarai, New Delhi –
110 016.
Dear Sirs,
In consideration of the Power Grid Corporation of India Ltd, (hereinafter referred to as the
“POWERGRID” which expression shall unless repugnant to the context or meaning thereof
include its successors, administrators and assigns) having signed an agreement
No……………………..dated………………….with CUSTOMER (Name of Customer
……………………….. with its Registered/Head office at …………………………….(hereinafter
referred to as the “CUSTOMER ” which expression shall unless repugnant to the context or
meaning thereof, include its successors, administrators, executors and assigns)
WHEREAS it has been agreed by the customer in the said Agreement that in case of failure
/delay to construct the generating station or making an exit or abandonment of its project by
CUSTOMER, POWERGRID shall have the right to collect the estimated transmission charges
of stranded transmission capacity for dedicated line at the rate mentioned in the Detailed
Procedure as approved by the Commission, to compensate such damages.
AND WHEREAS as per the aforesaid agreement customer is required to furnish a Bank
Guarantee for a sum of Rs……….(Rupees……..) as a security for fulfilling its commitments to
POWERGRID as stipulated in the said Agreement.
We………………………………………………………………………………………
(Name & Address of the Bank)
having its Head Office at…………………………….(hereinafter referred to as the „Bank‟, which
expression shall, unless repugnant to the context or meaning thereof, include its successors,
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 36
administrators, executors and assigns) do hereby guarantee and undertake to pay the
POWERGRID on demand any and all monies payable by the CUSTOMER to the extent of
…………………………………………………………………..as aforesaid at any time upto
………………**………………………………(days/month/year) without any demur, reservation,
context, recourse or protest and/or without any reference to the CUSTOMER.
Any such demand made by the POWERGRID on the Bank shall be conclusive and binding not
withstanding any difference between the POWERGRID and the CUSTOMER or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not
to revoke this guarantee during its currency without previous consent of the POWERGRID and
further agrees that the guarantee herein contained shall continue to be enforceable till the
POWERGRID discharges this guarantee.
The POWERGRID shall have the fullest liberty without affecting in any way the liability of the
Bank under this guarantee, from time to time to extend the time for performance of the
obligations under the said agreement by the CUSTOMER. The POWERGRID shall have the
fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the CUSTOMER, and to
exercise the same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the Agreement between the POWERGRID and the
CUSTOMER or any other course or remedy or security available to the POWERGRID. The
Bank shall not be released of its obligations under these presents by any exercise by the
POWERGRID of its liberty with reference to the matters aforesaid or any of them or by reason
of any other act of omission or commission on the part of the POWERGRID or any other
indulgences shown by the POWERGRID or by any other matter or thing whatsoever which
under law would, but for this provision have the effect of relieving the Bank.
The Bank also agrees that the POWERGRID at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the CUSTOMER and not withstanding any security or other guarantee the
POWERGRID may have in relation to the CUSTOMER‟s liabilities.
Notwithstanding anything contained hereinabove our liability under this guarantee is restricted
to ………..and it shall remain in force upto and including ……………..and shall be extended
from time to time for such period (not exceeding ……….. year), as may be desired by M/s
…………….on whose behalf this guarantee has been given.
WITNESS
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…………………………………………. ………………………………………………
(Signature) (Signature)
………………………………………….. ………………………………………………
(Name) (Name)
…………………………………………... ………………………………………………
(Official Address) (Designation with Bank Stamp)
Date ..………………………….
NOTES:
1. The stamp papers of appropriate value shall be purchased in the name of issuing Bank.
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 38
Format-RCON-UT
User-1
User-2
User-3
…….
User-n
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 39
FORMAT-CON-LGN
Model Agreement between the Lead Generator and other generators located in a
geographically contiguous area for seeking inter-connection with the ISTS at a
single connection point
Model Agreement
BETWEEN:
AND
AND
…………………………………………
AND
………………………………………..
AND
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 40
M/s ………………….(Name of the Company)…………….., a company registered under
the Indian Companies Act, (…….) having its registered office at ……….(Address of the
Company)…………, (which expression shall, unless repugnant to the context meaning
thereof be deemed to, mean and include its successors in business and permitted
assigns) of the nth PART;
The parties referred to above shall individually be refered to asa "Party" and collectively
as "Parties".
WHEREAS
(a) The Parties hereinafter agree to develop more than one… ….(Type of the
Generating Station)……… for the total capacity of ………(Capacity in MW)……
in the State of ……….(Name of the State)……. ( hereinafter referred to as
'Group of Projects')and jointly seek Connectivity and LTA, to inject electrical
energy at ……..(Voltage level in kV)……… level from the installed capacity of
…………(Installed Capacity in MW)………………… of …..(Type of the
Generating Plant) …………….., into the 400/230 kV sub-station of the ……………
(Name of the Transmission Licensee). The details of generating stations are as
under:
Name Type of generator Installed Capacity
(b) As per the provisions of the Central Electricity Regulatory Commission (Grant of
Connectivity, Long- term Access and Medium term Access in inter-State
Transmission and related matters) Regulations, 2009, the Parties collectively fall
under the definition of an 'Applicant' and the "lead generator" on their behalf shall
apply for Connectivity and LTA to the CTU.
(c) The Parties agree that in relation to the 'Group of Projects' and for the purpose of
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 41
availing the connectivity and LTA with the inter-State Transmission Systems
(ISTS) network for the requisite quantum, in line with the applicable Regulations,
the 'Lead Generator' shall act on behalf of the Parties to undertake all
operational and commercial responsibilities for all the Parties connected at that
point following the provisions of the Indian Electricity Grid Code and all other
regulations of the Commission, related to Grid security, Scheduling and
Dispatch, Collection and payment or adjustment of Transmission charges,
deviation charges, congestion and other charges etc.
(d) The Parties also agree to develop a common sub-transmission, transmission and
evacuation network in relation to the 'Group of Projects' to be ultimately
connected to the CTU grid sub-station in the ISTS network.
(e) The Parties also agree that they shall share all the expenditure that may be
incurred in developing the common network, infrastructure, any fee/charges that
may be involved in taking the connectivity/LTA and/or fulfilling any statutory or
any other requirement whatsoever may be experienced towards development of
the 'Group of Projects'.(generators to decide the modalities of sharing the
expenditure).
(f) The Parties also agree that once the 'Group of Projects' is in part/full ready and
operational, they shall co-operate and take all necessary steps in operating the
'Group of Projects' and shall also share all the expenditure that may be incurred
towards operation of the 'Group of Projects'.(generators to decide the modalities
of sharing the expenditure).
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(All terms and conditions of this agreement shall be decided mutually between the Lead
Generator and other generators in accordance with the Electricity Act, 2003 and Regulations of
the Commission as amended from time to time)
A. Applicable law: means any Indian statute, law, regulation, ordinance, rule,
judgment, order, clearance, approval, directive, guideline, policy, requirement,
including Government Approvals, or determination by, or any interpretation or
administration of any of the foregoing by any statutory or regulatory authority in
India and in each case as amended from time to time.
B. "Agreement" means this agreement and any Appendices or amendments thereto
which are agreed in writing between the Parties and made a part hereof.
C. "Appendix" means any attachment or annexure to the Agreement which is agreed
in writing by all Parties and made a part hereof.
E. Group of Projects" means the Group of Projects as defined in the first Recital
hereto.
F. "Insolvent" means, in relation to an entity.
(d) being declared by a tribunal or any other competent court, acting within its
jurisdiction, to have become otherwise unable to pay its debts when they fall due.
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H. .Term" shall have the meaning contained in clause 1.2 of the Agreement.
Interpretation
a. The term "Clause" read in the Agreement shall refere to clause of the Agreement,
except where expressly stated otherwise.
b. Words importing the singular shall include the plural and vice versa.
e. Headings to clauses are for information only and shall not form part of the operative
provisions of this Agreement and shall not be taken into consideration in its
interpretation or construction;
i. Terms defined in the Appendix hereto shall have the meanings ascribed thereto in
the Appendix when used elsewhere in this Agreement;
j. Appendix to this Agreement form an integral part of this Agreement and will be of full
force and effect as if these were expressly set out in the body of this Agreement;
Detailed Procedure for “Grant of Connectivity to projects based on Renewable Sources” Page 44
the same may then have been amended, varied, supplemented, modified,
suspended or novated;
l. The terms used but not defined herein shall have the same meaning as assigned
to them under the Agreement;
m. The terms "hereof, "herein", "hereby", "hereto" and derivative or similar words refer
to this entire agreement or specified clauses of this Agreement, as the case may
be;
o. No rule of construction applies to the disadvantage of one Party on the basis that
the Party put forward or drafted this Agreement or any provision in it;
1.2. Duration:
This Agreement shall be valid for a period of ………..years from the date of
execution of this Agreement. The Parties hereto may extend the Term of the
Agreement upon mutually agreed terms and conditions.
2. Scope
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2.1. The Parties hereby jointly agree to appoint M/s …..(Name of Generator)……..the
lead generator on their behalf and pursuant thereto authorize M/s
……………………….. in its capacity as a lead generator to act and further
undertake on their behalf all operational and commercial responsibilities in respect
of seeking connection at a single connection point at the ……(Name of sub-
station)…. sub-station of the ……..(Name of Transmission Licensee)………, in the
state of ……(Name of the State)……… (hereinafter referred to as the Grid) for
injection of power generated from an installed capacity of ……. (Capacity in
MW)………. at any point of time into the Grid.
2.2. The Parties undertake to abide by the applicable law during the term of this
agreement. Subject to the applicable law, in the event any Party desires to exit this
Agreement, the other Parties shall continue to abide by the terms and conditions of
grant of Connectivity and LTA for the balance period of this agreement. In the
event the lead generator desires to exit this Agreement, then the other Parties
shall with permission of the CTU, nominate amongst themselves any Party to be
the „lead generator‟ to act on their behalf for all operational and commercial
responsibilities and other responsibilities as detailed under this agreement.
2.3. In the event if already 2.2 above more than one Party exits the present Agreement
resulting thereto if the installed capacity falling below 50 MW, then, subject to the
approval of the CTU and the applicable law, the remaining Parties/Party may invite
one or more Parties to form part of this agreement in order to raise the aggregate
capacity over 50 MW. Such new parties/Party shall be bound by the terms and
conditions of grant of connectivity and LTA for the remainder of such term of the
Agreement or such period, as may be directed by CTU.
2.4. The parties agree that the party (one or more) which exits the Agreementshall pay
appropriate compensation for common infrastructure built in proportionate to its
share, the……...
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2.5. It is hereby mutually agreed that the parties under this agreement shall be bound by
the details further elaborated in respect of the Scope of Work as set out in
Appendix 1.
3.2. Lead generator shall attribute the deviation charges on prorata basis to Parties. It
shall generate such accounts within 1 week of receiving such account from RPC.
3.3. The Parties hereto shall carry out any/all such activities which are ancillary and or
supplementary in order to give effect to the Scope of Work as stated in Clause 2.
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4.2. The constitution, terms of reference, powers and Procedures of the Management
Committee shall be as set out in Appendix 2 (Joint Management).
4.4. ……(Name of Lead Generator)……. shall act as the Lead Generator, subject to the
authority of the Management Committee. The Meetings of the Management
Committee shall be chaired by a representative of the "Lead Generator".
4.5. All Parties shall give the Lead Generator their utmost support in carrying out its
functions as Lead Generator and, in particular, all documents and information
reasonably required by the Lead Generator for the submission of the Grant of
connectivity/LTA shall be made available to the Lead Generator in the form and at
the time required for the purposes of the Grant of connectivity /LTA and the Group
of Projects or as may be otherwise reasonably requested by the Lead Generator.
5. Termination:
5.1. Following shall constitute as an event of default of a Party (Events of
Default):leading to termination of the agreement
(a) Either Party becomes bankrupt or insolvent or goes into liquidation has a
receiver or administrator appointed against the defaulting party compounds
with his creditors or carries on business under a Receiver Trustee or Manager
for the benefit of his creditors or if any act is done or event occurs which (under
applicable laws) has a similar effect to any of these acts or events:
(b) Either Party fails to fulfill its obligations under this Agreement, and does not
rectify the same within ninety (90) days of the receipt of a written notice from
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the other Party/ies.
(c) Any representations and warranties provided under this Agreement by either of
the Parties are found to be false misleading and incorrect.
The Parties' under this Agreement shall be in addition to and not in derogation of
any rights, powers, privileges or remedies provided by law. Each Party shall be
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entitled to exercise concurrently any of the remedies available whether under this
Agreement or provided by Applicable Law.
6. Insurance:
6.1. Each Party shall effect and maintain at its own risk and expense those insurances
required by the Group of Projects in respect of its Scope of Work unless the Group
of Projects requires them and/or the Parties agree to effect common insurance(s).
In such case the Lead Generator shall effect and maintain such common
insurance(s) in the joint interest of the Parties. The cost of effecting and
maintaining such common insurance(s) shall be shared by the Parties in
proportion to their Capacity.
6.2. Each Party shall notify administer and bear any and all costs of claims against its
own or any common insurers in connection with its Scope of Work, including but
not limited to any excess or deductible or uninsured amounts under the relevant
policies.
7. Confidentiality:
7.1. Subject to Clause 8.2 of the Agreement, each of the Parties shall keep the
contents of the Agreement and all books, documents (whether electronic or in hard
copy) and information made available to that Party/ies for the purposes of entering
into this Agreement ("Confidential Information") or in the course of the performance
of the Agreement confidential, and shall not disclose the same to any other person
without the prior written consent of the other Party/ies.
7.2. Clause 8.1 shall not apply in the following circumstances
(a) any disclosure is required by applicable laws or in respect of information
already in the public domain;
(b) any disclosure required by any applicable stock exchange listing rule: and
(c) disclosure to a lender of the Group of Projects, to the extent required for the
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purposes of raising funds or maintaining compliance with credit arrangement.
7.3. The Parties shall excercise high degree of care and caution to preserve and
protect the other Party's/ies' Confidential Information from disclosure in the manner
that they protect their own Confidential Information.
7.4. Confidential Information disclosed shall be and remain the property of the
disclosing Party/ies. The obligations of the Parties to protect Confidential
Information shall survive the termination of this Agreement.
8. Publicity:
8.1. The Parties shall be permitted to disclose all relevant aspects of this Agreement to
their respective Nominees, investment bankers, lenders, accountants, legal
counsel, bona fide prospective investors. Lenders, in each case only where such
persons or entities are under appropriate non-disclosure Obligations imposed by
professional ethics, law or otherwise, and to stock exchanges and other statutory
& legal authorities. The disclosing Party shall take utmost care that by disclosing
the information the other Party's/ies business interest are not adversely affected
8.2. It is agreed between the Parties that
(a) in the event either of the Parties is required to make any disclosure regarding
this Agreement or any aspects related thereto pursuant to the provisions or
requirements of law, then the Party/ies required to make such disclosure shall
provide a reasonable notice to the other Parties. The Parties shall thereafter
and prior to disclosing any such information, mutually agree on the content of
the information being disclosed.
(b) in the event either of the Parties is required to make any disclosure regarding
this Agreement or any aspects related thereto by way of release of any
statement or information to the media, whether electronic or print form, the
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disclosing Party/ies shall seek the prior written approval of the other Parties for
such disclosure including on the content of such disclosure.
8.3. However, the Parties agree that such consents required to be obtained pursuant to
this Clause 8 shall not be unreasonably delayed or withheld so as to causebreach
of the time period for such disclosure.
9. Notices:
Any notice or other communication to be given by one Party to the others under, or
in connection with the matters contemplated by, this Agreement shall be in writing
and shall be given by letter delivered by hand or registered post to the address
given and marked for the attention of the person as set out in the body of the
Agreement and may be marked to the Parties as may be from time to time
designated by notice to the other.
10. Indemnity:
Each of the Parties hereto shall indemnify and hold the others, its employees,
officers, advisers and affiliates and any person controlling any of them and each of
its or their officers, directors, employees and agents harmless from and against all
third party actions, claims, damages, proceeding, investigations, liabilities or
judgments and all losses, damage, costs, charges and expenses or whatever
nature and in whatever jurisdiction, and which arise from the Agreement, other
than for any claims or losses to the extent that are finally determined by a court of
competent jurisdiction to have resulted primarily from gross negligence or willful
default of the other Party/ies.
The Parties hereto shall make all attempts to resolve all disputes and differences
through mutual discussions/ negotiations whether relating to the interpretation,
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meaning, validity, existence or breach of this Agreement or any clause herein within
a period of 1 month keeping in view the spirit of this Agreement.
In the event the dispute or differences between the parties are not settled mutually
or fail to negotiate their differences, then the aggrieved Party shall by giving a
notice to the other Parties to refer the dispute or difference to a Sole arbitrator to
be appointed mutually by the Parties. The arbitration shall be conducted according
to the provisions of the Arbitration and Conciliation Act, 1996 asamended from time
to time are the place of arbitration shall be …(Name of the Place)……...
Subject to Clause 11, the Parties hereto irrevocably submit to the sole and
exclusive jurisdiction of the ……(Name of the Courts)…….. This Agreement is
governed by the laws subsisting in India and any amendments thereto.
13. Assignment:
Neither of the Parties shall assign, outsource nor sub-contract this Agreement in
whole or any part or on thereof to any of their affiliates, group companies or any
third party without the written consent of the other Parties.
14. Miscellaneous:
14.1. The Agreement including any schedules and annexure attached hereto shall,
constitute the entire understanding of the Parties relating to the subject matter
hereof and shall supersede all past correspondence/letters exchanged/ agreements
executed between the Parties hereto.
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14.2. Except as otherwise provided herein, this Agreement may not be varied/ amended
except by agreement in writing to be signed by all Parties.
14.3. The Parties agree that in performing their respective responsibilities pursuant to
this Agreement, they are independent contractors and their personnel are not
agents or employees of the other for any purpose whatsoever, and are not entitled
to each other's employees' benefits. Each party is solely responsible for
compensation of its personnel and for payment of workmen's compensation,
disability and other similar benefits, unemployment and other similar insurance and
for the withholding of other taxes and social security. Nothing herein may be
construed to create an agency, joint venture; partnership or other relationship
between the parties other than independent contractors.
14.4. If any provision of this Agreement is declared inoperative, void or illegal by a court
of competent jurisdiction, the remaining provisions of the Agreement shall not be
affected and shall continue to operate in full force unless this Agreement is thereby
rendered impossible from perform.
14.5. If either of the Parties at any time fails to require strict compliance with any term or
condition hereunder, such failure will not constitute a waiver of such term or
condition or of any subsequent breach of that term or condition or a waiver of any
other term or condition. For the avoidance of doubt, each Party's/ies' rights under
this agreement may be used asset each considers appropriate, and apply in
addition to any law. Each party loses its rights only if it specifically waives them in
writing.
14.6. All the terms and conditions which by its very nature, survive termination/expiry of
the Agreement, shall survive such termination/expiry.
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14.7. This Agreement may be executed in two (2) parts each which shall be deemed
original and all of which shall be deemed one and the same Agreement.
Name:………………………….
Name:…………………………………
Designation……………………..
Designation…………………………….
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Designation: …………………….. Designation: …………………….
…………
…………
…………
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Appendix-1
Scope of Work:
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Appendix-2
JOINT MANAGEMENT
1. Management Committee
1.1. The Management Committee shall review and decide upon all important matters
relating to the Grant of connectivity /LTA and the Group of Projects (other than
matters falling solely within the Scope of Work of one Party and not affecting the
interests of any other Party), in particular:
1.1.1. establish the Grant of connectivity and LTA format, coordinate the
preparation of the technical and commercial content of the Grant of
connectivity by the Parties and collate the Grant of connectivity for
submission to the CTU and negotiation in relations to the Group of Projects
and any proposed Variation, supplement or amendment thereto;
1.1.2. any proposed revision of the Grant of connectivity /LTA or Group of Projects
price(s);
1.1.3. any proposed modification, reduction or extension of the Group of Projects
schedule and, at the request of a Party, any work schedule previously
agreed between the Parties;
1.1.4. any proposed reallocation of supplies, services or responsibilities among the
Parties;
1.1.5. any proposed revision of the Proportionate Shares of the Parties;
1.1.6. any proposed addition of another party to or expulsion of an existing Party
from this Agreement;
1.1.7. any other important matter raised by any of the Parties.
1.2. Each Party shall appoint a representative who shall be an officer or director of
that Party and an alternate by notice in writing within (1) (one) week of the date of
this Agreement. Each Party may revoke the appointment of and replace its
representative and alternate by notice in writing to the Management Committee.
1.3. Meetings of the Management Committee shall be convened by the Lead Generator
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at least (4) (four) times a year and, should circumstances so require, at any other
time at the request of a Party, stating the circumstances, by giving (2) (two)
weeks' notice in writing or such lesser period of notice as the circumstances may
reasonably demand.
1.5. Meetings of the Management Committee shall normally be held at the Lead
Generator's offices or otherwise as mutually agreed. In cases of particular
urgency, decisions may also be reached by telephone, correspondence, telex, e-
mail or facsimile. All decisions arrived at by telephone or facsimile shall be
promptly confirmed in writing to every representative on the Management
Committee by the Lead Generator's representative.
1.6. All decisions of the Management Committee must be unanimous save as except
where it has been expressly stated in this Agreement.
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1.8. If any Party fails to cause its representative or alternate to attend at a duly
convened meeting of the Management Committee the meeting shall be adjourned
for 2 (two) working days and the Parties shall immediately be notified by telex or
facsimile of such adjournment. If the non-attending Party fails to cause its
representative or alternate to attend the resumed meeting other than as a result
of causes beyond the control of that Party, then unanimous decisions taken by
those present at such meeting shall constitute a valid decision of the
Management Committee.
1.9. The representative (or alternate in the absence of the representative) appointed
by the Lead Generator shall chair all meetings of the Management Committee.
1.10. The representative of the Lead Generator shall distribute minutes of each
meeting of the Management Committee to each Party without delay. The minutes
shall be deemed to have been accepted by the other Parties unless comments
are made in writing within ten (10) working days of their distribution.
1.11. If any Party is in default under Clause 5 (Termination) then notwithstanding any
other provision in this Agreement or its Appendices, such defaulting Party shall
not be entitled to take part in any approval, action, step or proceedings with
respect to the Agreement and the representative or alternate of such defaulting
Party shall have no right to participate in the voting at any meetings of the
Management Committee and any decisions or actions to be taken by the
Management Committee in its absence shall be deemed a decision or action of
the Parties.
1.12 The costs incurred by each Party in respect of its representative or alternate in the
functioning of the Management Committee shall be borne by such Party and shall
not be a cost chargeable to the other Parties.
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