Financial Security: Letter of Credit / Performance Guarantee
Offshore Work and Data Transfer
Utility Regulation (State and Federal)
Cost Recovery / Service Quality / Affiliated Transactions / Resource Planning and Acquisition / Certificates of Public Convenience and Necessity
Subcontractors / Contractor Liens / Bonding / Lien Waivers and Releases
Change Orders / Change in Law
Termination for Convenience and Termination for Default
Force Majeure – COVID-19
Title and Risk of Loss
Order of Precedence
Liability / Disputes/ Litigation
Breach and Events of Default
Limitation of Liability
Boilerplate Provisions (Choice of Law; Assignment; Waiver; Severability; Integration; Counterparts)
Interactive Session – Common Agreements and Key Provisions
Confidentiality / Non-Disclosure Agreements
Memorandums of Agreement / Understanding
Letters of Intent / Term Sheets
Wednesday, May 5, 2021
8:45 – 9:00 am :: Log In and Welcome
9:00 am – 12:00 pm :: Course Timing
In-Depth Review: Power Purchase Agreements
General Commercial Terms
Conditions Precedent – Regulatory Approvals
Events of Default / Termination
Credit and Collateral
In-Depth Review – Engineering, Procurement and Construction Agreements
Michael W. Kaphing, Partner, Taft Law
Mike focuses his practice principally in the areas of general commercial litigation, energy and utility industry litigation, legal malpractice defense, banking litigation, real estate foreclosure, land use and planning and zoning litigation, judgment enforcement and collections, and lease disputes.
As part of his litigation practice, Mike has handled a variety of disputes involving business contracts, utility property damage, right-of-way disputes, loan defaults, commercial leases, land use and real estate matters, and has successfully represented a broad range of clients in all phases of litigation through appeal and judgment enforcement. Prior to joining Taft, he worked in the gas field and as a law clerk for a Fortune 500 gas and electric utility company.
Matthew A. Sanders, Associate, Taft Law
Matthew is an associate in the Energy Practice Group. He has a diverse energy law practice, representing Midwestern utility clients in a variety of commercial transactions including infrastructure development, EPC contracts, PPAs, large generator interconnection, equipment and materials, software agreements, construction services, professional services, and utility supply chain. He has worked on matters in all types of generation – renewable, fossil, and nuclear – and has supported the procurement, siting, and regulatory approvals for electric and gas transmission and distribution infrastructure.
Matthew’s representation of utilities in commercial matters is informed by his work on numerous contested cases before public utilities commissions, and he understands how the need for cost recovery must inform utility decisions to achieve efficient outcomes.
Prior to joining Taft, Matthew was an energy attorney in Boston, where he represented clients in proceedings before the Massachusetts Department of Public Utilities and Energy Facilities Siting Board.
We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.
IMPORTANT NOTE: After November 30 you will not be able to join a Teams meeting using Internet Explorer 11. Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
You will receive a meeting invitation will include a link to join the meeting.
Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
You will need to join the appropriate meeting at the appropriate time.
If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.