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Renewable Energy Projects: Structuring Operations and Maintenance Agreements

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

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, September 9, 2021

Recorded event now available

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This CLE course will provide guidance to counsel involved in developing 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 outline the important terms and conditions to be addressed in O&M agreements.

Description

The O&M agreement is a key component in developing and financing renewable energy projects and significantly impacts its long-term success, especially regarding performance and remedies. It is a crucial document in the review of the bankability of the project.

O&M agreements must address several critical issues, including the operator's responsibilities and 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 critical 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 high priority provisions and monitoring and management strategies.

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Outline

  1. 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 noteworthy issues:

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

Faculty

Cayce, David
David M. Cayce
Principal
Mercer Thompson

Mr. Cayce focuses on solar power, nuclear energy, and other conventional and renewable energy projects, including new...  |  Read More

Wald, Ashley
Ashley Wald
Partner
Holland & Hart

Ms. Wald provides sophisticated guidance to clients in the solar, wind, hydropower, and natural gas industries as they...  |  Read More

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