Model Project Development Agreement Page 52
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8815.15.3 [In order to meet domestic demand and if requested by the GON, the Company shall sell
a maximum of [Insert percentage]of the electrical output generated by the Power
Station to the GON or a designated GON Agency at an agreed tariff. The terms and
conditions under which the offtake of power by the GON shall take place (including
metering, scheduling, dispatch and outages) shall be agreed between the Parties under a
Domestic Power Purchase Agreement, provided that the Company shall be solely
responsible for the delivery of electrical output from the Power Station. The switchyard
infrastructure for such supply of power and energy to the GON shall be constructed,
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operated and maintained by the Company at its own cost and expense.]
Good Electricity Industry Practice
15.16
15.16.1 The Company shall conduct the Project in accordance with Good Electricity Industry
Practice.
15.16.2 The Company may engage substitute qualified entities or organisations to collaborate in
the operation and maintenance of the Project provided that prior written notice is given
to the GON and any applicable GON Agency.
Project handover
15.17
15.17.1 On the date of expiry of this Agreement:
(A)
the Company shall transfer all of its rights, title and interest in the
Project in good running condition to the GON or the GON's designee in
accordance with the procedures set out in Schedule 2, free of cost and
without any liabilities to the GON or the GON's designee; and
(B)
the Company shall be wound-up and dissolved in accordance with its
constitutional documents.
15.17.2 Schedule 2 shall apply during the Handover Period.
Training prior to Project handover
15.18
15.18.1 Two (2) Years prior to the date on which the Project is to be transferred to the GON, the
Company shall arrange for training, at its own cost and expense, of a sufficient number
of staff of the GON or any other entity designated by the GON to enable the GON to
operate, maintain and manage the Hydro Property to the standards required under this
Agreement following the expiry of this Agreement.
15.18.2 The Parties shall mutually agree the number of employees to be trained and the content,
duration and period of training in order to satisfy the obligations on the Company under
this Section 15.18.
Compliance with Laws of Nepal
15.19
The Company shall, and shall procure that its employees, the Contractors and the
employees of the Contractors shall, comply with the Laws of Nepal, including all
applicable anti-corruption, anti-bribery, anti-money laundering and anti-terrorist financing
laws and regulations.
[Non-refundable fee
15.20
Prior to the Agreement Date, the Company shall provide the DoED a non-refundable fee at
the rate of one thousand five hundred (1,500) Dollars per MW of proposed installed
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capacity of the Power Station.]
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NOTE TO DRAFT: Section 15.15.3 may not be applicable for all projects. Please delete if not required.
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NOTE TO DRAFT: To be used only for non-bid projects.
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