Provisions found in offtake contracts

Offtake contracts (particularly single-offtaker contracts) will typically contain provisions relating to the following:

  • Price and price escalation
  • Minimum supply obligations and consequences of failing to meet them
  • Take or pay provisions (how much the offtaker must pay each period, irrespective of whether he takes the output)
  • Pass through provisions for events outside of the project’s control, such as force majeure and change in law
  • Consequences of failing to meet obligations for each counterparty, which might include a right for the project to put the project’s assets to the offtaker for certain unremedied offtaker breaches of contract
  • Details relating to guarantees by offtaker parents (often in a separate document)