Renewable Energy Projects: Negotiating Ancillary Agreements for the Real Estate Facility

Strategies for Structuring Project Contracts After Negotiating the Terms of the PPA

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

Conducted on Monday, September 14, 2020

Recorded event now available

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Course Materials

This CLE course will guide counsel to parties involved in renewable projects on negotiating ancillary agreements to power purchase agreements (PPAs). The panel will review key terms and provisions, especially in relation to financing and loan documents, discuss how the different types of renewable energy impact the transactions, and explain permitting issues.


The PPA defines the relationship between parties involved in renewable energy projects. In conjunction with the PPA, parties must negotiate a number of ancillary agreements to implement projects.

Counsel to facility developers and property owners must consider a variety of factors and risks in planning a renewable energy facility. Ancillary agreements related to the facility include security and land contracts. The parties must also address permitting issues.

As the renewable energy community continues to grow, these negotiations are becoming increasingly sophisticated. Companies and counsel must carefully negotiate the ancillary agreements to the PPA to allocate risk among the parties.

Listen as our panel of experienced energy attorneys examines the ancillary agreements to a PPA and key terms and provisions. The panel will also review how the different types of renewable energy impact the agreements, especially in relation to financing and loan documents, discuss permitting issues that must be addressed, and offer strategies for negotiating the ancillary agreements.



  1. Land contracts
    1. Site leases
    2. Licenses
    3. Subleases or sublicenses
    4. Access, ROW, and easement agreements
    5. Security agreements
  2. Permitting issues
    1. Building
    2. CUPs/LUPs
    3. Environmental
  3. Strategies for negotiation


The panel will review these and other essential questions:

  • What are the critical provisions of the different ancillary agreements for the parties involved?
  • What environmental issues will impact obtaining a permit for a renewable energy facility?
  • What strategies can parties and counsel employ to allocate risks and benefits in the ancillary agreements?


Chafee, Gregory
Gregory D. Chafee

Thompson Hine

Mr. Chafee's practice concentrates on energy transactions and provides strategic advice and counsel to project...  |  Read More

Thall Peters, Kristen
Kristen Thall Peters

Cooper White & Cooper

Ms. Peters has extensive knowledge and experience with renewable energy projects having aided her clients in...  |  Read More

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