Designing PPP Legal Agreements: Concession Contracts and Offtake Agreements - The Institute for Public-Private Partnerships® a Tetra Tech Company


Designing PPP Legal Agreements: Concession Contracts and Offtake Agreements

Location: Online Learning
Tuition: $1,000
CEUs: 1.0

Course Description

This course is designed to give legal practitioners and procurement specialists an in-depth overview of the critical legal documents used in public-private partnership (PPP) transactions. Beginning with the concession and PPP agreements, participants will examine several key clauses that are particularly relevant today:

  • Project completion deadlines
  • Force majeure provisions
  • Termination provisions
  • Economic and financial equilibrium and supervening events
  • Change of law

Students will also examine the financing agreements and explain how they are synchronized with the PPP agreements, focusing specifically on the following clauses:

  • Mandatory prepayment
  • Intercreditor issues
  • Standard clauses for both positive and negative covenants
  • Step-in rights of lenders—why are they needed, and how are they drafted in the direct agreement?
  • Other elements of creditor security in PPPs, i.e., letters of creditor and bonding

Learning Outcomes

Through successful completion of this course, participants will be able to:

  • Understand different types of PPPs and their corresponding use cases
  • Draft clear output performance criteria for construction and operation of varying PPP project contracts
  • Evaluate economic requirements using PPP concession agreements and offtake agreements
  • Design plans for fulfilling contractual license responsibilities for risks related to future events
  • Analyze contractual risks and identify solutions regarding contract conclusion and hand-back

Who Will Benefit

  • Staff from federal, state, county and municipal governments
  • Members of planning organizations and boards
  • Regulators and authorities for infrastructure utilities and public services
  • Professionals from financial institutions
  • Staff of international donor organizations

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