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Build Own Transfer Agreement

Build Own Transfer Agreement Generator for United States

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Key Requirements PROMPT example:

Build Own Transfer Agreement

"I need a Build Own Transfer Agreement for a solar power plant project in Arizona, where our company will construct and operate the facility for 20 years before transferring it to the state government in March 2025, with specific provisions for environmental compliance and revenue sharing during the operational phase."

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Document background
The Build Own Transfer Agreement is a crucial instrument in U.S. infrastructure development, particularly utilized when public authorities seek private sector expertise and financing for major infrastructure projects. This agreement structure enables governments to leverage private sector efficiency while maintaining long-term public ownership of essential infrastructure. The document comprehensively addresses construction standards, operational requirements, financial arrangements, and transfer conditions, while ensuring compliance with federal and state regulations. BOT Agreements are particularly valuable for capital-intensive projects where public funds are limited but long-term public ownership is desired.
Suggested Sections

1. Parties: Identification of all contracting parties including project company, government entity, and key stakeholders

2. Background/Recitals: Context of the agreement, project overview, and basic premises

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Project Scope: Detailed description of the infrastructure project, specifications, and requirements

5. Rights and Obligations: Core responsibilities of each party during construction, operation, and transfer phases

6. Construction Period: Timeline, milestones, and requirements for the construction phase

7. Operation Period: Terms governing the operation and maintenance phase

8. Transfer Provisions: Conditions and process for transferring the asset back to the government

9. Financial Terms: Payment terms, revenue sharing, and financial obligations

10. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Government Support: Details of government assistance, guarantees, and specific support mechanisms for the project

2. Revenue Sharing Mechanism: Detailed revenue sharing structure and calculations between parties

3. Step-in Rights: Conditions and procedures under which parties can take control of the project

4. Environmental Compliance: Environmental obligations, standards, and compliance requirements

Suggested Schedules

1. Technical Specifications: Detailed technical requirements, standards, and specifications for the project

2. Performance Standards: Required operational performance metrics and measurement criteria

3. Financial Model: Detailed financial projections, assumptions, and calculations

4. Land Documents: Land rights, surveys, and related documentation for the project site

5. Environmental Management Plan: Environmental compliance procedures and mitigation measures

6. Transfer Plan: Detailed procedures and requirements for final asset transfer

7. Form of Guarantees: Templates and requirements for performance guarantees and bonds

8. Insurance Requirements: Detailed insurance coverage requirements and minimum standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Appointed Date
Asset Transfer Date
Authority
Base Case Financial Model
Change in Law
Commercial Operation Date
Completion Certificate
Concession
Concession Period
Construction Documents
Construction Period
Construction Schedule
Construction Works
Default
Design Documents
Effective Date
Emergency
Encumbrance
Environmental Laws
Escrow Account
Financial Close
Force Majeure Event
Good Industry Practice
Government Authority
Handback Requirements
Independent Engineer
Lenders
Material Adverse Effect
Operating Period
Performance Security
Project
Project Assets
Project Company
Project Documents
Project Facilities
Project Site
Provisional Certificate
Scheduled Completion Date
Security Interest
Shareholders
Specifications and Standards
Statutory Auditors
Substitution Agreement
Termination Date
Testing
Transfer Date
User
Warranty Period
Clauses
Representations and Warranties
Construction Obligations
Operation and Maintenance
Transfer Requirements
Payment Terms
Performance Standards
Force Majeure
Change in Law
Default and Termination
Indemnification
Insurance
Security Arrangements
Environmental Compliance
Health and Safety
Labor and Employment
Intellectual Property
Confidentiality
Dispute Resolution
Assignment and Transfer
Change Control
Government Support
Land Access Rights
Testing and Commissioning
Revenue Sharing
Step-in Rights
Handback Procedures
Emergency Provisions
Reporting Requirements
Maintenance Standards
Quality Assurance
Permits and Approvals
Taxes and Duties
Governing Law
Notices
Escrow Arrangements
Performance Security
Compensation on Termination
Refinancing
Amendments
Industries

NEPA Compliance: National Environmental Policy Act requirements for environmental impact assessment and mitigation measures

Federal Environmental Regulations: Clean Air Act and Clean Water Act compliance requirements for construction and operation phases

OSHA Requirements: Occupational Safety and Health Act standards for worker safety during construction and operation

Davis-Bacon Act: Federal law requiring payment of prevailing wages on federally funded construction projects

Federal Acquisition Regulations: Regulations governing procurement practices when federal government is involved

ADA Compliance: Americans with Disabilities Act requirements for accessibility in design and construction

State Environmental Laws: State-specific environmental protection requirements and permits

Building Codes: State and local building codes and construction regulations

P3 Laws: State-specific Public-Private Partnership laws governing BOT arrangements

Securities Regulations: Federal securities laws including Securities Act of 1933 and Exchange Act of 1934 for project financing

Land Use Laws: Zoning requirements, land use regulations, and property rights considerations

UCC: Uniform Commercial Code provisions applicable to construction contracts and materials

Infrastructure Investment Act: Federal infrastructure funding and requirements under the Infrastructure Investment and Jobs Act

Insurance Requirements: State-mandated insurance coverage and performance bond requirements

Tax Regulations: Federal, state, and local tax considerations including available incentives and credits

Labor Laws: Fair Labor Standards Act and state-specific employment regulations

IP Regulations: Patent laws and technology transfer regulations affecting project intellectual property

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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