SCC load r\ th Aero Space SS.pdf ‘GEIG’ means Chief Electricity Inspectorate to Government; ‘Due Date’ shall have the meaning as: signed to it in Section 3.2; ‘Effective Date’ means the date first set forth above; ‘Force Majeure’ shall have the meaning assigned to it in Section 4.9; For Aerospace Materials Pvt Lid For Gamesa Wind Turbines Pvt. Lid, \ Gt Che Authorized ‘Government Authority’ means any Indian national, state, local, regional, territorial or municipal government or quasi government, ministry, governmental department, commission, board, bureau, agency, instrumentality, executive, legislative, judicial, fegulatory or administrative body having or purporting to have jurisdiction over any matter arising from or in connection with this Agreement; ‘Location’ means, in respect of a WTG, the specific parcel of land on which such WTG is to be erected and installed: ‘Losses’ means all dircot losses (excluding consequential losses, indirect losses, loss of profit and loss of revenue), liabilities, damages, fines, interest, awards, penalties, costs (including, reasonable legal costs, lawyers’ and arbitrator's fees), charges and expenses;cl FECT beach vich (scpecaos 4 has ae ce of one or more obligations of a Party under this Agreement; ‘Operational Life’ means the operational life of the Wind Farm (i.e. a period of n _ of twenty (20) years from the Commissioning Date of the Wind Farm), ‘Person’ means any individual, sole proprietorship, unincorporated a ‘unincorporated organization, body corporate, corporation, company, partnership, od fiability company, joint venture, government authority or trust or any other Entity or ‘organization and includes the Parties; “Personnel’ means the Employer's Personnel or Owner's Personnel, as the case may be; Preventive Maintenance Schedule’ shall have the meaning assigned to the term under section 4.4; “Project” shall have the meaning ascribed to the term in Recital A; ‘Relevant Contract’ means the Supply Contract between the Supplier and the Purchaser therein dated 19/12/2012, the Erection and Commissioning Contract between the Employer and the Contractor therein dated 20/12/2012 or the Development Coniract | between the Owner and the Developer dated 18/12/2012 or the Operations and Maintenance Contract between the Contractor and Owner therein date 24/12/2012 and ‘Relevant Contracts’ means all of them; for Aerospace Materials Pyt Lid For Gamesa Wind Turbines Pvt LteT ts Aero Space SS.pdf ‘Shared Services’ means and comprises of power evacuation facility developed, constructed and owned by Owner at the Site; ‘Shared Services Fee or Fee’ shall have the meaning ascribed to the term in section 3,1; ‘Site’ means the land where the Wind Farm is located; ‘Tan Transco’ means Tamil Nadu Transmission Corporation Limited; ‘Taxes’ means any taxes, fees, levies, cess or other sum levied pursuant to any Applicable Law, including but not limited to all sales tax, value added lax, excise duty, storage taxes, service tax, goods and services tax, licence and permit fees, entry tax, works contract tax, imposts, deductions, charges, withholdings and duties (not including stamp duty and registration charges) and shall include any interest or penalties related thereto, but does not include personal tax; ‘Term’ means and refers to the term of this Agreement, which shall commence on the date execution of this Agreement and shall continue for at least the Operational Life unless terminated earlier in accordance with this Agreement. “TNEB’ means the Tamil Nadu State Electricity Board and its successor entity; ‘VAT’ means and refers to Value Added Tax; ‘Wind Farm’ shall have the meaning ascribed to the term in Recital A; ‘WTG’ means ‘Wind Turbine Generator’, the energy machine set employed for generating electricity based on Wind Power and which shall comprise mainly of, but not restricted to Nabelle, Hub and set of three blades, controller (microprocessor), tower suitable for hub height of 65 meters and protection mechanism against lightning. 2. RIGHT TO USE SHARED SERVICES 24° Owner hereby to Employer and E“Owner hereby grants to Employer and Employer hereby accepts the right to nor exclusive use of the Shared Services for entire the Operational Life of the Wind. Farm (‘Term’) from the Etfective Date. 2.2 — Employer agrees that the right to use the Shared Services is a non-exclusive right and may be used by other WTG owners at the Site also. For Aerospace Materials Pvt Lid For Gamesa Wind Turbines Pvt. Lid., a Gr I Chairman Authorized Signatory 3.__SHARED SERVICE FEE 3.4 Employer shall pay Owner a fee of INR 1,00,000 (Indian Rupees One Lakh Only) per WTG per annum from the Commissioning Date of the Wind Farm with an annual escalation of 5% from the second year on the previous years charges up to 40 year. (‘Shared Service Fee or Fee’) for the right of non-exclusive use of the Shared Services granted by Owner to Employer. This fee is exclusive of VAT, taxes and other duties as may be applicable. Prior to the expiry of the Tenth (10%) year from the Commissioning Date of the Wind Farm, the Parties shall mutually discuss and agree in writing, on the Fee for the subsequent years. Employer shall pay half yearly Fees in advance, upon Owner raising an invoice | that amount, within fifteen (15) days from the date of receipt of such invoice |