unilateral election can terminate the contract.
(iv) The ability of either party to terminate the PPA
under Article 3.4.2 will arise only if both ... from Article 3.4.2 of the
PPA. In the Draft PPA under Article 3.4.2, the
right was provided to terminate the PPA only to
the Procurer
also informed that it had no
other option except to terminate the PPA. On 27.02.2009,
the Government of Gujarat wrote to the GMDC, asking ... right
to terminate under Article 3.4.2 is invoked by the
Procurer. Similarly, the ability of either party
to terminate the PPA under Article 3.4.2 will
condition subsequent. Thereafter, it was stated
that the PPA is liable to be terminated in terms of
Article 2.5.1 of the PPA. Explanation/justification ... Prior to the said date,
the appellant purported to terminate the PPA in terms
of Article 2.5.1(d) of the PPA, considering
case of delay of more than 9 months,
MPPMCL shall terminate PPA and release
balance amount of CPG.
2.6 COMMISSIONING
In case of Solar Project ... case of delay of more than 9 months, MPPMCL shall terminate
PPA and release balance amount of CPG.'
Whereas, your representations and submissions vide
PPA, the PPA capacity
Appeal No. 67 of 2021 Page 32
shall stand reduced/ amended to the extent of Project
Capacity Commissioned and the PPA ... exercise its option
Appeal No. 67 of 2021 Page 34
of terminating the PPA as a consequence of the entire capacity not
being commissioned within
counsel arguing for SLDC on the
application for directions not to terminate PPA.
All the parties shall place concise written
submissions of the arguments within ... direct Respondent/discom not to take any
coercive action on terminating the PPA till we
Page 16 of 22
Downloaded
execution of the PPA is not sufficient.
w) There is no clause within the PPA, wherein PTC is
entitled to terminate the PPA ... circumstances, pending order
reserved by the Haryana Commission, Appellant Lanco Power
terminated the PPA between it and PTC (R3) by the letter dated
right in dealing with the aspect that Lanco
was entitled to terminate the PPA and enforce compulsory buyout of the plant
by the Appellant when
Kwhr
as per Article 12.2 of the PPA. Saisudhir requested that earlier
tariff of Rs.8.49 be retained as the delay was not attributable ... Appeal No.176/15
and achievement of the Commercial Operation,
or terminating the PPA dated 30.8.2012
(ANNEXURE - A) under Article 5.7.3 thereof, as
it deems
following reliefs: (a) Declaring that the Power Purchase
Agreement dated 17.10.2011 (PPA) executed between the
petitioner and earstwhile Bihar State Electricity Board (BSEB)
(now Bihar ... right to terminate the
Power Purchase Agreement, for brevity, PPA, and validly
terminated the Power Purchase Agreement by issuing a
termination notice in terms
