BarbriSFCourseDetails

Course Details

This CLE course 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.

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?