Implementation agreements provide for direct contractual obligations and undertakings between the Government and the supplier or project company: the government is not usually a party to the power purchase agreement.
The installation of a power plant often requires inputs from the government in the form of assistance in obtaining required consents, undertaking to ensure that the utility performs its obligations (sometimes in the form of a guarantee) where there is a concern on the part of the supplier that the utility might not or may not have the financial standing to fulfill its obligations. The implementation will also typically include undertakings from the government on export and import duties and taxation of the supplier.
The implementation agreement will typically also include undertakings by the supplier to the government regarding, for example, compliance with environmental laws, dumping of fuel in the domestic fuel markets, etc.
Implementation Agreement (Example 1) - Relatively short-form Implementation Agreement prepared as a suite of documents with a PPA and Land Lease Agreement by an international law firm as a model form document to be used for rural power projects for a country in South East Asia.
Implementation Agreement (Example 2) - Implementation Agreement prepared as a suite of documents with a PPA for a power plant by an international law firm for a proposed project in Middle East.
Implementation Agreement (Example 3) - Implementation Agreement prepared as a suite of documents with a short-term PPA for a mobile plant by an international law firm for a power project in a country in Africa.
Implementation Agreement (Example 4) - Standard Implementation Agreement prepared by international law firm as part of a suite of documents for the Pakistan Private Power and Infrastructure Board, together with a PPA and pricing schedule.