Joint Development Agreements in Renewable Energy Projects

Selection of Partner, Agreement Structure, Planning for Involuntary Early Endings, Avoiding Unintended Consequences

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, November 14, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel structuring joint development agreements (JDAs) for renewable energy projects. The panel will examine the critical terms for JDAs and discuss key considerations, including partner suitability and approaches to agreement structure. The panel will also address issues such as disputes that can arise between JDA parties and steps that can be taken to minimize such disputes.

Description

As energy demands and technology continue to evolve, more companies are working jointly to share responsibilities in connection with the development, construction and financing of renewable energy projects.

When considering a JDA, counsel to each party should evaluate the suitability of the JDA partner(s), and the objectives of the parties and the agreement structure. Counsel should understand what key terms and provisions should be included in the JDA so as to plan for the unexpected and minimize the risk of unintended consequences.

Listen as our authoritative panel examines the preliminary considerations, such as partner suitability and structure considerations, and key provisions, including the scope of the parties’ joint development activities, their performance obligations, funding commitments and termination and withdrawal rights.

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Outline

  1. Preliminary considerations
  2. Key provisions
    1. Exclusivity
    2. Funding
    3. Withdrawal/Termination
    4. Commercial Principles
  3. Additional issues
    1. Nature of Project Opportunity
    2. Transfers
    3. Other structures/relationships

Benefits

The panel will review these and other key issues:

  • What are key considerations for counsel negotiating the JDA?
  • What issues must a JDA address regarding scope of joint development activities?
  • What are the obligations of parties and protections accorded to each?

Faculty

Barclay, Bernays
Bernays T. (Buz) Barclay

Partner
Rimon

Mr. Barclay focuses on business transactions primarily in the electric power industry and in infrastructure projects,...  |  Read More

Smith, Guy
Guy C. Smith

Partner
Stinson Leonard Street

Mr. Smith is a Co-Leader of the firm's Renewable Energy Practice Group and has more than 25 years of experience as...  |  Read More

Wrathall, James
James R. Wrathall

Counsel
K&L Gates

Mr. Wrathall focuses his practice on energy matters. He has particular experience in renewable and distributed energy...  |  Read More

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48 hours after event

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