Renewable Energy Projects: Structuring Operations & Maintenance Agreements

Negotiating Owner and Operator Obligations, Performance Remedies, Services, Termination, Indemnification, Force Majeure, and Other Key Provisions

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


Conducted on Tuesday, March 7, 2017
Recorded event now available


This CLE webinar will provide guidance to counsel involved in the development of renewable energy projects, with a particular focus on the operations and maintenance (O&M) agreements that underpin such developments. The panel will discuss factors to consider and will outline the important terms and conditions to be addressed in O&M agreements.

Description

The O&M agreement is a key component in the development of renewable energy projects and has significant impact on its long-term success, especially in regards to performance remedies. It is a key document in the review of the bankability of the project.

O&M agreements must address several key issues including the operator’s responsibilities and obligations (including warranties and performance remedies) as well as the owner’s obligations, termination, limitations on liability and force majeure, among others. Legal counsel to renewable energy project development companies must understand the challenges, realities and expectations to structure O&M agreements that appropriately allocate risks from both the vendor and the lender perspectives.

Listen as our authoritative panel of energy attorneys examines the key issues involved in structuring and negotiating O&M agreements for renewable energy projects, offering insights on evolving industry norms and best practices. The panel will discuss key provisions as well as monitoring and management strategies

Outline

  1. Key issues involved in structuring and negotiating O&M agreements for renewable energy projects
  2. Key provisions
    1. Services
    2. Performance obligations and remedies
    3. Owner’s obligations
    4. Term and termination
    5. Warranties
    6. Limitations on liability
    7. Indemnification
    8. Force majeure, change in law and change order relief
    9. Insurance
    10. Intellectual property and data
  3. Strategies for monitoring and management

Benefits

The panel will review these and other key issues:

  • What are the critical provisions of O&M contracts?
  • What strategies should be used to structure the O&M agreements to appropriately allocate risk?

Faculty

Rusty Brewer, Partner
Amis Patel & Brewer, Washington, D.C.

Mr. Brewer focuses his practice on the renewable energy sector, and has extensive experience with project acquisitions and development and project finance transactions, as well as cross-border transactions and investments. He primarily represents companies who develop and construct solar, wind and biomass projects throughout the U.S. Mr. Brewer’s practice encompasses all aspects of project development, including project and corporate structuring, equipment procurement and construction, offtake agreements, operations and financing.

Brian C. Harms, Partner
Troutman Sanders, Atlanta

Mr. Harms’ practice focuses primarily on energy and renewable energy project development and finance as well as on the trading, hedging and marketing of energy products. He has represented energy companies in a variety of matters from larger and more complex financings, project development and acquisitions, to procurement, construction and services contracts, to a niche practice in the energy trading and derivatives fields.


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