Guidelines and Standards For EVCI Dated 17 09 2024
Guidelines and Standards For EVCI Dated 17 09 2024
241852)
Government of India
Ministry of Power
To,
1. The Secretaries of all Ministries/Departments of Government of India
2. The Chief Secretaries of the States/UTs
Sir/Madam,
These guidelines shall supersede all the previous versions issued by Ministry of
Power and shall be effective from date of its issuance.
1. Short Title: These guidelines shall be called "Guidelines for Installation and
Operation of Electric Vehicle Charging Infrastructure-2024".
3. Objectives:
a) To drive EV adoption by making charging stationssafe, reliable and
accessible.
b) To develop a robust charging network across theNation initially prioritising
the essential locations.
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c) To increase the viability of charging stations by facilitating public land at
promotional rates, expeditious approval of electricity connections and
standardising pricing of power supply.
d) To encourage charging of EVs during solar hours.
e) To prepare the electricity grid to handle the increased demand from EV
charging.
4. Definitions:
om
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infrastructureoramenitiesas specified in subsequent sections of these
guidelines.
o) Open Charge Point Protocol (OCPP) means an open protocol used for
communication between EVSE and the Charger Management system.
Note:In case of any conflict, definitions in respective Acts, Rules & Regulation as
amended from time to time shall prevail.
5. General Requirements
(1) Setting up and operation of EV Charging Stations is a de-licensed activity and
anyentity is free to establish EV Charging Infrastructure by adhering to these
guidelines.
(2) Charge Point Operators may apply for an electricity connection for their EV
charging stations. The Distribution Licensee must provide the required connection
according to the following timelines specified under Electricity (Rights of
Consumers) Rules, 2020 as amended from time to time:
Maximum time period within
S.No. Area Type which distribution licensee
shall provide new connection
1 Metropolitan Area 3 days
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If extension of distribution mains, or
commissioning of new substations 90 days
5.
is required
Initially, Public Charging Stations (PCS) may experience low usage due to the gradual
increase in electric vehicles on the road. The combination of high land rent and uncertain
future revenue streams can make setting up PCS financially unattractive. Therefore, the
following provisions are made to lower the land cost.
8. Charging Fee
c. Land cost which will be pass through as per registered land deed
per
kWh).
d. GST as applicable M.
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(4) Distribution Licensee may provide sub metering for EV charger, behind-the-meter
of an existing HT connection.
(2) Central and State governments may offer subsidies for setting up public charging
stations.
(3) Transparent Pricing: EV Charging Stations will prominently display:
(4) A committee under the Central Electricity Authority (CEA) will recommend service
charges from time to time.
To ensure widespread availability, the following guidelines for Public Charging Station
placement may be adopted.
(1) Density:
a. Urban Areas: By FY 2030, there will be at least one charging station within
a 1 km x 1 km grid in urban areas as notified by respective state
governments.
b. Highways: ChargingStations will be located every 20 km on both sides of
highways, expressways, and major roads.
c. Long-Range & Heavy-Duty EVs: For long-range EVs and heavy-duty
vehicles like buses and trucks, a fast-charging station (as per specifications
in Clause 12 (7) of these guidelines will be located every 100 km on each
side of the designated expressways, highways and major roads. Ideally,
these stations will be situated within or near existing public charging
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stations. Cities/Urban Development Authorities/States may locate these
facilities in urban regions within areas such as transport hubs or bus
depots.
(2) Flexibility: Additional charging stations, both standard
and fast-charging, can be
installed beyond the minimum requirements.
(3) Infrastructure Planning: State and UT
governments will utilize these
density/distance guidelines to:
a. Secure land for public charging stations.
b. Prioritize installation of supporting infrastructure like transformers
and
feeders for electricity distribution.
c. Implement these measures even in cases without central or state subsidies.
(4) Partnerships: The government may prioritize existing
fuel retail outlets operated
by Oil Marketing Companies (OMCs) for installing public EV charging stations
(meeting safety and connectivity standards as in ANNEXURE — I and ANNEXURE
- II) to achieve the desired network coverage.
a. OMCs with charging facilities should prominently advertise this on their
signage to inform EV owners.
b. Directional signs on nearby roads leading to charging stations will further
enhance accessibility.
(5) Additional Locations: EVCharging stations can also be installed at:
a. Group Housing Societies including Residential Societies
b. Shopping malls
c. Office complexes
d. Restaurants and Hotels
e. Educational institutions
f. Hospitals
These charging stations should allow charging for visitor vehicles and be strategically
located near entrances, exits, or well-lit elevator areas for optimal accessibility.
(4) Payment Options: Flexible Payment Methods must be offered. Public Charging
Stations will offer (prepaid/postpaid) payment options, potentially with time-based
rates and discounts during solar hours.
(7) Fast Charging for Long-Range and Heavy-Duty EVs: Public Charging Stations
equipped for fast charging long-range EVs and heavy-duty vehicles (like trucks
and buses) must meet the following specifications:
(i) High-Power EV Chargers: At least two EV chargers with a minimum capacity of
240 kW each, complying with Power Levels 3 or 4 as defined in ANNEXURE —I.
(ii) Liquid Cooled Cables (Optional):PublicCharging Stations may also choose to
provide Liquid Cooled Cables for high-speed charging of vehicles with
compatible fluid-cooled batteries (a feature found in some long-range EVs).
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13. Information about the database of Public Charging Stations:
(1)
The Bureau of Energy Efficiency (BEE) has createdNational online database of all
public charging stations across India. This will help EV owners to easily locate
nearby Publiccharging stations.
(iii) Energy Data Sharing:PublicCharge Point Operators will share annual data on
energy sold per EV charger on National database.
(3) Bureau of Energy Efficiency will provide awareness using the EV Yatra Portal.
(1) New Connection: Owners can request for a separate metered connection from
Distribution Licensee with a dedicated EV charging tariff. This shall be granted
within the timelines specified in Electricity (Rights of Consumers) Rules, 2020 as
amended from time to time.
(2) Existing Connection: Owners can use their existing electricity connection to
charge their EVs at home.
(3) Increased Load: If EV charging station requires more power than the current
sanctioned load, the owner will apply to the distribution licensee for seeking
increase in the sanction load.
(4) Charging Rates: Domestic electricity rates will apply to charging EVs at home.
(2) Group Housing Societies (GHS): In consultation with the distribution licensee,
Residential Welfare Associations (Society) can establish EV charging stations
within their premises.
(3) Choice of EVChargers: Residents can decide on the types and number of
community EVchargers to be installed.
(4) Visitor Charging: Community stations can be equipped to allow charging for
authorized visitor vehicles.
(5) Private Charging Points: Residents can install private EVcharging stations in
their designated parking spaces.The Distribution Licensee will ensure electricity
supply through the resident's existing meter or a separate sub-meter depending
on consumer's choice.
(6) Increased Load:If community EV charging stations requires more power than the
current sanctioned load, then GHS will apply to the distribution licensee for
seeking increase in the sanctioned load.
(7) Community Charging Rates: GHS will determine the charging fees for
community charging based on the applicable electricity tariff and service ceiling
limits laid down under these guidelines.
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17. Charging Stations for E-Buses
Electricity Connections:
(1) Distribution Licensee Connection: Bus depot operators can apply for electricity
connections with their Distribution Licensee, following the process outlined in
ANNEXURE - Ill of these guidelines.
(2) Open Access Option: E-Bus depots can also choose to obtain electricity through
open access within 15 days of submitting a complete application. This option
involves paying a surcharge (not exceeding 20% of the tariff applicable to the
category of the consumers seeking open accessas per Tariff Policy 2016),
transmission charges, and wheeling charges. No additional fees will be applied
beyond these.
(4) High-PowerEV Chargers: E-Bus depots must install EVchargers with a minimum
capacity of 240 kW, complying with Power Level 3 or 4 as defined in ANNEXURE
-I.
(5) Liquid Cooled Cables (Optional): For depots with e-buses equipped
with liquid-
cooled batteries (common in some long-range models), appropriate cables for
high-speed charging of such batteries can be installed at theEV charging stations,
if needed.
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19. Charging station as Solar Carport
Solar carport is a dual purpose, stand-alone structure that provides shelter for vehicles,
whilst generating clean, renewable energy from the sun for use on-site including electric
vehicle charging.
Solar carports can be installed independently or integrated with grid. Solar carport with
Battery Storage can be charged with solar energy and store energy onsite. This stored
energy can subsequently be utilized to charge electric vehicles, providing an
independent and sustainable alternative to traditional grid-dependent charging.
(1) Central Nodal Agency: The Bureau of Energy Efficiency (BEE) will act as the
Central Nodal Authority to monitor the implementation of these guidelines. All
relevant agencies, including electricity distribution companies (DISCOMs), the
Central Electricity Authority (CEA), and state government agencies, will be expected
to cooperate and provide necessary support to the BEE.
(2) State Nodal Agencies: Each state will designate a State Nodal Agency (SNA)
responsible for coordinating with DISCOMs to facilitate electricity connections for
public, community, workplace, and e-bus depot charging stations.State governments
have the flexibility to choose their Nodal Agency. The state DISCOMs will be the
default option.However, states can also designateState Public Sector Undertakings
(SPSU),Urban local bodies (ULBs) or Urban Development Authorities. A state level
steering committee chaired by Secretary in-charge of Energy and comprising
secretaries of Transport, Municipal Administration and Urban Development, such
other members as required shall be constituted to plan and monitor the
implementation of EV Charging Infrastructure at the state level.
(3) Progress Review- Steering Committee:A central steering committee chaired by the
Additional Secretary of the Ministry of Power including members from relevant
ministries, representative from states,BEE and CEAwill review the implementation of
these guidelines.
Copy to
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ANNEXURE - I
Indian Standards for EV Chargers notified by BIS:
Light EV AC
Charge Point Bluetooth Low IS-17017-2-7,
IS-17017-
(for 2W, 3W and Up to 7 kW IS-60309
22-1 Energy IS-17017-2-2
4W — M1
Power Level 1
Category)
Light EV DC
Charge Point IS-17017-2-6 IS-17017-2-6
Up to 12 kW IS-17017-25 [CAN]
(for 2W, 3W
Category)
Light EV AC/DC Up to 7 kW
Combo (for 2W, (AC) or up to IS-17017-31 IS-17017-2-7 IS-17017-2-7
3W) 12 kW (DC)
Parkbay AC
Level2
Power
Protocol (for 4W
IS-17017-24
(M1 Category), DC 50 kW to IS-17017-
[CAN] IS-17017-2-3 IS-17017-2-3
Buses and 250 kW 23
IS-15118 [PLC]
Trucks (M3
Category))
DC High Power
Power Level 4
Note: For the purpose of these guidelines, terminologies "Electric Vehicle Supply Equipment (EVSE)" and "EV
Charger(s)" have been used inter-changeably.
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ANNEXURE- II
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Checklist — B (Functionality and User Experience)
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ANNEXURE — Ill
Standard Operating Procedure (SOP) for Single Window System and Standard
Application Form:
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ANNEXURE - Ill (A)
Particulars Response
S. No.
1. Name of Applicant / Organization
Company registered under (Indian Companies Act /
Individual / Co-operative Society / Any Other Corporate
2. Entity)
Company Registration Certificate / Memorandum of Understanding
to be submitted as proof)
3. Company registration number
4. Registered Address
Present activity/business carried by the applicant/
5.
organization
Details of Authorised person
6. Name
7. Designation
8. Mobile Number
9. Email ID
10. ID number of any Government ID proof
Location details of proposed site
Type of Location
11. (Retail Outlets / Public / Semi-public (Restricted)
12. Address of location along with Area Pin Code
13. City
14. District
Geo-graphical co-ordinates of Location (Latitude and
15.
Longitude)
16. Details of Network Service Provider
17. Existing load (kW / kVA), if any
18. Desired Load (kW / kVA)
19. Supply type (LT / HT)
20. Tariff category
EV Charger details
Type of EV Charger (CCS / Type 2 / Bharat AC-001 /
21.
Others)
22. Number of EV chargers
23. Capacity of each EVcharger (kW)
24. No. of connector guns
25. Total connected load
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ANNEXURE - III (B)
1) Registered land deed between Land Owning Agency and the CPO
or between
lessee and charge point operator in case of sub leased property.
2) Power of Attorney confirming powers on the person(s) who are competent to
execute the MoU / agreement.
3) Certified copy of Company Registration Certificate.
4) Copy of PAN Card.
5) Copy of GST Registration.
6) Self-Attested copy of Govt. ID Proof of the Authorised Representative.
7) Petroleum & Explosives Safety Organization (PESO)Approval in case
electricity
connection required for installation of EV chargers at Petrol Pumps / Gas Stations,
shall be sought by CPO.
8) NOC from fire department (if EV charger is to be installed in the basement of a
building).
9) EV Charger typetest certificate fromNABL Accredited Lab.
10) Undertaking on Stamp Paper for using power supply only
for public EV charging.
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ANNEXURE — IV
BETWEEN
M/s. <Insert Name of Land Owning Agency>which expression shall unless repugnant
to the context or meaning thereof, include successors and assigns of the FIRST PART.
AND
M/s. <Name of CPO>a Company registered under the 1956 Act, having its registered
Office at <CPO registered address> (hereinafter referred to as "<CPO>" which expression
shall mean and include its successor(s), administrator(s) and assigns) of the SECOND
PART.
<LAND OWNING AGENCY> and <CPO> are hereinafter individually referred to as the
WHEREAS:
C. <CPO> intends to establish, setup and operate Charging Point(s) (defined herein
below) for charging of electric vehicles at identified sites operated by <<LAND
OWNING AGENCY> Name> and <LAND OWNING AGENCY> intends to grant
permission to <CPO NAME> to set up Public EV Charging Stations at selected
sites in (hereinafter referred as "Public Charging
Station Locations/ SOL") and manage the same at <LAND OWNING AGENCY>
sites on mutually agreed terms and conditions outlined in this Agreement.
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D. In consideration of the above, this Agreement sets out the intent of the Parties in
relation to the said proposal.
1. Definitions
The following capitalized terms wherever used in this AGREEMENT shall have the
meanings given hereunder:
"Public EV Charging Stations(s)" means a device or station that supplies power to
chargethe batteries of an electric vehicle;
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"SOL" means sites owned and/or operated by <LAND OWNING AGENCY>.
"Term" shall mean 10 years with Annual Maintenance Cost (AMC) starting from the
earlier of: (a) six months from the Effective Date, or (b) the date of installation of the last
Charging Point at the identified SOL in terms of this Agreement.
"System" includes the Charging Points, assemblies, converters, switches, wiring devices
and wiring, and all other material/civil works comprising the Installation Work.
2. Proposal
b. The Parties are keen to develop partnership for the Projects/ Public EV Charging
Locations at <Location Address> and may discuss further expansion at other
locations, at the sole discretion of M/s <CPO Name>.
c. The Parties shall jointly select the identified locations based on availability of
space and feasibility of operation of the Public Charging Stations without
affecting regular operation of the identified locations.
d. M/s <CPO NAME> agrees to establish, setup and operate nos. of
charging points at each public charging station. The Charging Station shall have
chargers in accordance with Guidelines notified by the Ministry of Power. The
charging infrastructure so installed shall comply with the government/ministry of
power guidelines and regulations for performance, safety & quality from time to
time.
e. M/s <CPO NAME> agrees to invest in setting up and operating the public
charging stations including separate power connection, transformer and meter, if
required, at its own cost, and shall upgrade and refurbish the Public Charging
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Stations, in line with thetechnology advancements and business needs, from time
to time. The cost of electricity including surcharge, duty, contingency for power
purchase adjustment charges, etc. and all operating and maintenance expenses
related to Charging Points shall be borne by M/s <CPO NAME>.
f. The Parties agree that the Public Charging Stations may be operated through a
cloud- based solution technology developed and owned by M/s <CPO NAME>
and manpower deployed at the identified locations by Ws <CPO name>
g. The Parties agree that all applicable statutory approvals/ permissions from the
respective authorities for the Public Charging Stations shall be procured and
obtained by M/s <CPO NAME>. <LAND OWNING AGENCY> shall provide all
assistance to M/s <CPO NAME> to enable M/s <CPO NAME> to obtain the
consents, clearances and permits, and the governmental approvals in a timely
manner in connection with the Project. Further, <Land owning agency> agrees to
assist in obtaining separate power connection or enhancing the power supply at
each location, if required by M/s <CPO NAME> in connection with the Project.
h. M/s <CPO NAME> shall arrange deployment of qualified and suitable manpower
and required necessary tools, logistics, spares & consumables during installation,
commissioning and O&M of Public EV charging stations at SOL. <LAND
OWNING AGENCY> hereby grants to M/s <CPO NAME> a right, co-terminus
with the term to ingress and egress the location and access to electrical panels
and conduits to interconnect or disconnect the System with the SOL electrical
wiring.
i. Safety is of paramount importance and M/s <CPO NAME> shall take all safety
precautions in connection with the setting up and operation of the Public
Charging Stations to ensure safety to the user. <LAND OWNING AGENCY>
agrees to ensure to provide safe and secure environment to install and operate
the System. In the event of any damage to the land-owning agency facilities,
property due to any fault in the M/s <CPO NAME>'s equipment, M/s <CPO
NAME> will be liable to make good the losses to SOL for the same. <LAND
OWNING AGENCY> shall be responsible for the loss 'named by M/s <CPO
NAME> limited to Public Charging Stations and established infrastructure due to
gross negligence or willful default on the part of <LAND OWNING AGENCY>
or their agents/ employees.
j. <LAND OWNING AGENCY> agrees and confirms that the Public Charging
Locations (including the unfettered access to the identified space for the
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respective <LAND OWNING AGENCY>) shall be free from encumbrances or
hindrances, and if during the installation and operation period, the same is
identified by M/s <CPO NAME>, then <LAND OWNING AGENCY> shall remove
the encumbrance or hindrance or provide suitable space for the System within
the same location at the cost and expense of <LAND OWNING AGENCY> with
immediate effect.
k. The Parties agree to jointly undertake the planning, design, setting-up and
implementing the Projects/ Public Charging Stations at the respective <LAND
OWNING AGENCY>. The Parties, inter-alia, agree to ensure; (a) Planning and
designing the charging infrastructure in relation to the Projects; (b) Investment in
the Projects by M/s <CPO NAME>; (c) Operating and maintaining the Projects by
<CPO Name>; and (d) Managing the Projects using cloud-based solution system
software.
I. <LAND OWNING AGENCY> shall not directly or indirectly cause, create, incur,
assume, or suffer to exist any lien on or with respect to the System or any
interest therein. The Project and the System shall remain the property of M/s
<CPO NAME> and shall not attach to or be deemed a part of, or fixture to the
<LAND OWNING AGENCY>. Neither <LAND OWNING AGENCY> nor its
lessees or tenants or any other Person shall have any right, benefit, or interest in
the Project.
m. <LAND OWNING AGENCY> shall provide sufficient space at the provided
location for the temporary storage and staging of tools, materials, equipment and
facilities reasonably necessary during the Installation Work, or Project removal,
and access for rigging and material handling.
n. Wherever separate power connection to Public EV Charging Stations is not
mandated/ not provided, <LAND OWNING AGENCY> shall provide required
power to M/s<CPO NAME> for the maintenance and operation of its System at
the rate <LAND OWNING AGENCY> is paying to the distribution utility at the
relevant SOL and M/s<CPO NAME> shall reimburse the same to <LAND
OWNING AGENCY> on actuals. In case, requires additional transformer or any
expenses for providing the power, the same shall be incurred by M/s <CPO
NAME>. In the event of the Govt. announcing a policy for subsidized power
charges 'for EV charging stations, then M/s <CPO NAME> shall make necessary
arrangements including separate meter and approvals as required at their own
cost to avail the lower tariff.
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ti•
o. Any other activities considered necessary for setting up Public Charging Stations
would not be a binding number and could be amended seeing the potential,
increase in business volume, less vehicle turnaround etc., if any.
q. The number of Public EV Charging Stations in a cluster would be tentative and
3. Payment of License Fee, Revenue Share and Billing Cycle raising of invoices,
release of payments, security deposit etc.
a. M/s. <CPO NAME> to pay <LAND OWNING AGENCY> Rs. xxx/kWh which shall
be 1.0 / kWh in case of such CPO being a Government/Public Entity or at
discovered price through bidding with floor price of 1 / kWh in case CPO being
a private entity of billed units(kWh) from charging business starting from 1st year,
of billed units from charging business to <LAND OWNING AGENCY> within ....
days after end of Quarter.
b. For the purpose of revenue sharing, M/s <CPO NAME> shall furnish the
M/s <CPO NAME> shall promptly pay the bill on monthly basis within 10 days of demand
for electrical energy consumed for charging electric vehicles at the said locations as per
actual minimum charges /as per actual. The charges should be paid to the <LAND
OWNING AGENCY> till such time a separate meter is obtained in the name of <CPO
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NAME>. After obtaining a separate meter in the name of <CPO NAME>, the electricity
charges shall be directly paid by <CPO NAME> based on the electrical energy
consumed for charging EVs at each SOL. Dispute resolution mechanism of electricity
bills, if any, to be taken up with relevant Discom with support from land owning agency.
4. Payment of Taxes
M/s <CPO NAME> shall pay all the statutory levies and taxes imposed by the
Government or any other authorities present or future on the operation of EV charging
stations. Further, M/s <CPO NAME> shall also pay to <LAND OWNING AGENCY>
increase in the taxes and/or any levies on the land area used specifically for Public EV
charging station, by any local authority including Municipal corporation/municipality/gram
panchayat or any other statutory authority or by the government except property tax.
<LAND OWNING AGENCY> shall pay property tax.
5. Insurance
M/s <CPO NAME> shall at all times and from time to time at its own cost and expensetake
out adequate and proper insurance during the continuance of this agreement from a well
reputed insurance company against all risks including third party risk to persons and
properties, fire and explosion risk and riot risks etc. covering operation of the Public
Charging stations installed at SOL.
6. Standard Indemnification
Each party (indemnifying party) agrees to indemnify, defend and hold the other party
(indemnified party) harmless from and against:
a. Any third party claim (including intellectual property infringement claim), liability,
obligation, loss, damage, deficiency, assessment, judgement, cost or expense
(including, without limitation to costs and expenses incurred in preparing and
defending against or prosecuting any third party litigation, claim, action, suit
proceeding or demand) of any kind or character, arising out of or in any manner
solely attributable to any failure of the indemnifying Party to perform its
obligations described hereunder, gross negligence or wilful misconduct in the
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0
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fulfilment of its obligations hereunder or for infringing the intellectual property
rights of any third party.
b. Any claim, liability, obligation, loss, damage, deficiency, assessment, judgement,
7.1 This Agreement shall come into force from the Effective Date of this agreement
and remain in force during the 'Term' as defined under Definitions above. The agreement
shall be further extended for a period as decided and agreed mutually in writing by the
Parties. The Agreement may be terminated / exited by the Parties prior to the scheduled
validity period due to any one of the following reasons:
locating the Charging Points at the identified SOL or M/s <CPO NAME> failing to
install the charging Points at the identified SOL within a reasonable time as
agreed mutually; and
c. With mutual consent of both the parties without assigning any reason.
7.2 Upon such early termination, M/s <CPO NAME> shall have the right to dismantle
all the System, equipment and Charging Points and take control in its custody, the
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Charging Points, System and equipment. <LAND OWNING AGENCY> shall have no right
to claim and recover any of the Charging Points and the System from any Charging
Locations at the identified locations and the equipment/ infrastructure establishment by
(a) it has power to execute, deliver and perform its obligations under the Agreement
and all necessary corporate and other actions have been taken to authorise such
(b) it has all requisite power and authority, and does not require the consent of any
third party to enter into this AGREEMENT and grant the rights provided herein;
(c) it is in compliance with all applicable laws and regulations, as may be applicable
to it.
(d) the execution, delivery and performance of its obligations under the Agreement
doesnot and will not: (i) contravene any applicable law, or any judgment or decree
of anycourt having jurisdiction over it; or (ii) conflict with or result in any breach or
default under any agreement, instrument, regulation, license or authorisation
(f) there is no litigation pending or, to the best of such Party's knowledge, threatened
towhich it is a party that presently affects or which would have a material adverse
effect on the financial condition or prospects or business of such Party in the
fulfilment of its obligations under this AGREEMENT.
9. Confidentiality
9.1. During the subsistence of this Agreement and after termination or expiration
of this Agreement for any reason whatsoever, the Party receiving any information and/or
document which are marked as Confidential (hereinafter referred to as the "Confidential
Information") shall:
/4.1•gyp
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a. Keep the confidential Information confidential;
b. Do not disclose the Confidential Information to any other person without the prior
investors, partners and advisors on a strictly need-to-know basis, and upon such
person executing a non-disclosure undertaking in respect of the Confidential
Information in a format reasonably satisfactory to the Disclosing Party;
c. Do not use the Confidential Information for any purpose other than the
performance of its obligations under this Agreement; Without the prior written
consent of the Disclosing Party, not to make a public announcement or any other
disclosure of the Confidential Information except as required by any legal
stipulation applicable to it. In case of such disclosure required by legal
stipulation, a Party which is required to make such disclosure shall, as soon as
practicable after it is made aware of the requirement to make such disclosure,
inform the Disclosing Party of the need to disclose such Confidential Information,
the content thereof and the legal stipulation which requiresdisclosure of such
Confidential Information.
9.2. The obligations contained in the relevant clauses above shall not apply to
anyConfidential Information which:
a. is at the date of this Agreement or at any time after the date of this Agreement
comes into the public domain other than through breach of this Agreement by
such Party; can be shown by the Party receiving the information to the
reasonable satisfaction of the Disclosing Party that the same was known to such
Party prior to the disclosure;
b. subsequently comes lawfully into the possession of the Party receiving such
Fax No.:
Email id :-
LOA:
Address:
Email id:-
Any Notice, demand or other communication shall be sent by registered post / hand
delivery.
Intellectual Property Rights owned by each respective Party shall remain the property of
such Party and nothing in this AGREEMENT shall be taken to represent an assignment,
license or grant of other rights in or under such Intellectual Property Rights to the other
Party. All right, title and interest to all Intellectual Property of each Party as of the
Effective Date of this AGREEMENT, including that which is or may becomeprotectable by
patent, copyright, trademark, trade secret or similar law, shall remain exclusively with that
Party.
This AGREEMENT shall be governed by and construed in accordance with the laws of
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India. Courts at <City, State>, India shall have exclusive jurisdiction in respect ofmatters
arising out of or in relation to this AGREEMENT.
The Parties hereby agree that they shall work together to resolve any
disputes that may
arise under, in relation to or in connection with this Agreement (referred
to in this clause
as a "Dispute").
In the event such Dispute is not resolved amicably within 60 (sixty) days
of the date of receipt of notice issued by disputing party with respect to same by the non-
disputing party then in such case all Dispute shall be settled by binding arbitration
pursuant to the Arbitration and Conciliation Act, 1996, as amended ("Arbitration
Act"), in
following manner:
If any dispute or difference of any kind whatsoever shall arise between the Parties in
connection with or arising out of this agreement, such dispute or
difference shall be
resolved through arbitration as per the procedure mentioned herein below:
a. The dispute or difference shall be referred to a sole arbitrator.
b.
The arbitration shall be through High Court Mediation and Arbitration Centre at
High Court of Judicature at <city name> for the state of <state name>.
c.
The rules of the above mentioned Institutional Arbitration Forum shall be
applicable to the arbitral proceedings.
d.
The Indian Arbitration & Conciliation Act 1996 and Arbitration and Conciliation
(amendment) Act 2015 or any statutory modification or re-enactment thereof and
the rules made there under for the time being in force shall apply to the arbitration
proceedings under the clause.
e. The seat of arbitration shall be at <city name>, <state name>, India.
f. The proceedings shall be conducted in English language.
g. The cost
of the proceedings shall be equally borne by the parties, unless
otherwise directed by the sole arbitrator.
h. The following shall not be referred to arbitration: Disputes
having financial claims
less than Rs. 5 Lakhs.
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14. Limitation of Liability
agency.
15. Waiver
Failure of a Party to require performance of any provision of this Agreement shall not
affect such Party's right to full performance thereof at any time thereafter, and any waiver
by a Party of a breach of any provision hereof shall not constitute a waiver of a similar
breach in the future or of any other breach. No waiver shall be effective unless in writing
and duly executed by the concerned Party.
16. Assignment
Except as provided in this Agreement, none of the Parties shall be entitled to assign their
rights and obligations under the Agreement to a third party without the prior written
consent of the other Party, except to its affiliate companies
17. Amendment
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If any provision of this Agreement is held to be invalid, illegal or unenforceable, such
provision will be struck from the Agreement and the remaining provisions of this
Agreement shall remain in full force and effect. Further, the Parties shall endeavour to
replace such provision with a valid, legally enforceable provision that reflects the original
intent of the Parties.
This Agreement supersedes all prior discussions and agreements (whether oral or
written, including all correspondence) if any, between the Patties with respect to
the
subject matter of this Agreement, and this Agreement contains the sole and
entire
understanding and agreement between the Parties hereto with respect to the subject
matter contained herein.
Neither Party shall be held responsible for non-fulfillment of their respective obligations
under this AGREEMENT due to the exigency of one or more of the force majeure events
which are beyond the reasonable control of the Party concerned such as but not limited
to acts of God, wars, floods, earthquakes, lawful strikes not confined to the premises of
the Party, lockouts beyond the control of the Party claiming force majeure,
epidemics,
riots, civil commotions etc. provided on the occurrence and cessation of any such
event ,
the Party affected thereby shall give a notice in writing to the other Party within
one (1)
month of such occurrence or cessation. If the force majeure conditions continue
beyond
six (6) months, the Parties shall jointly decide about the future course of action.
21. Survival
22. Counterparts
23. Miscellaneous
c. The Parties shall not use each other's name and/or trademark/logo or publicize
or release any information about this Agreement or its contents or market,
publish, advertise in any manner any information without prior written consent of
the otherParty.
a. Irrelevance of Gender and Plurality. The definitions in this Agreement shall apply
equally to both the singular and plural forms of the terms defined. Whenever the
context may require, any pronoun shall include the corresponding masculine,
feminine and neuter forms.
b. Internal References. All references herein to Clauses and Annexure shall be
deemed to be references to Clauses of and Annexure to, this Agreement unless
the context shall otherwise require. All Annexure attached hereto shall be
deemed incorporated herein as if set forth in full herein. The terms "clause(s)"
and "sub- clause(s)" shall be used herein interchangeably. The words "hereof,"
"herein" and "hereunder" and words of similar import when used in this
Agreement shall refer to this Agreement as a whole and not to any particular
provision of this Agreement.The words "include", "includes", and "including" shall
Page 34 of 36
be deemed to be followed by the words "without limitation".
c. Default Rules. Unless expressly contradicted or otherwise qualified, (i) all
and omissions of its employees and other agents) and neither Party will have the
authority nor will purport to act for, or legally binding, the other Party in any
transactions with a third party except as agreed in writing by the Parties.
c. The release of any information and of all public announcements (other than when
such disclosure is required under any applicable law) related to such projects by
Page 35 of 36
(4 a)"
"
a Party shall be subject to the prior written approval of the other Party, unless
required under stock exchange regulations/SEBI.
d. This Agreement shall not be amended, modified or supplemented without prior
written consent of the other Party.
In Witness Whereof The Parties Hereto Have Signed This MoU In Duplicate On The
Presence Of:
WITNESS: WITNESS:
1. 1.
2. 2.
W
0'
.c,
ee
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