Title Curative Work in Renewable Energy Project Development
Why Early Title Review Matters for Project Sales and Financings In renewable energy project development, title issues often receive little attention when they are first identified. These issues can in…
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Severed Mineral Rights and Surface Waivers in Renewable Energy and Data Center Development
Documenting Mineral Risk for Project Sales, Financings, and Title Insurance Review In renewable energy and data center development, the party signing the lease, easement, option, or purchase agreement…
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Most Favored Nation Provisions Across Development Portfolios
Most favored nation (“MFN”) provisions generally seek to ensure that a landowner receives economic terms at least as favorable as those granted in certain comparable agreements within a project. Unlik…
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Where Do the Lender Protection Provisions Go?
In renewable energy project development, leases and easements frequently pass through multiple hands before a project reaches financing. Early stage developers create forms. Landowners negotiate revis…
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Amendment and Restatement in Renewable Energy Site Control: Preserving Priority When Project Documents Change
Renewable energy leases and easements often need to change as projects develop. Sites expand or contract. Lease forms are conformed in connection with acquisitions. Financing parties request revisions…
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Anatomy of a Solar Lease: Key Differences from Wind
Solar leases are sometimes described as simpler versions of wind leases. The comparison is understandable. Both involve long term site control, rights to develop, construct, and operate project facili…
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Development Counsel in Renewable Energy Lease Negotiations
Why Early Lease Structure Matters for Financing, Construction, and Changes During Development Renewable energy leases provide the land rights needed for development, financing, construction, operation…
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Key Risks to Developers in Separate Option and Lease Agreements
Why Using a Single Document Structure Can Reduce Renegotiation, Title Issues, and Delays Renewable energy project developers frequently need to secure site control years before a project is ready for …
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