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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Energy

Date & Time
  • event Date

    Thursday, September 9, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

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.

Faculty

Ashley Wald
Partner
Holland & Hart

Ms. Wald provides sophisticated guidance to clients in the solar, wind, hydropower, and natural gas industries as they develop energy projects and related infrastructure across the U.S. She assists her clients at all stages of energy project development and finance, from site acquisition through commercial operation, with particular emphasis on construction contracts and power purchase agreements.

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David M. Cayce
Partner
Bradley Arant Boult Cummings LLP

Mr. Cayce focuses on solar power, nuclear energy, and other conventional and renewable energy projects, including new power plant construction and procurement transactions and site acquisition and control transactions. He also represents clients in mergers, acquisitions, and joint venture or joint ownership transactions.

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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.

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?