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Solar Lease Negotiations from the Landowner's Perspective
In examining the evolution of oil and gas leases and related energy industry agreements in the recorded public records, it is interesting to observe when certain clauses begin to appear and how they develop with the passage of time as additional agreements are drafted. These modifications almost always emerge to address concerns that were not apparent to the parties during the early days of the particular industry, but eventually became problematic as basic forms were applied in practice. In this context, necessity remains the mother of invention. In the same manner, it is anticipated that solar lease drafting practices will evolve to address lessons learned by landowners and lessees as a result of the first wave of widespread solar development in Texas. In the meantime, attorneys that represent landowners must anticipate potential problems by employing a creative approach that considers various hypothetical scenarios and outcomes for each unique client and tract of land. This requires a high degree of situational awareness and attention to detail, in addition to a base knowledge of how solar power is generated, stored, transported and marketed.
Partner's Duty of Care -- Whether a Partner's Statutory Duty of Care Can Be Disclaimed
In Shannon Med Ctr v Triad Holdings III, LLC. ____S.W.3d ____, No. 14-18-00638-CV, 2019 WL 6606406 (Tex. App. -- Houston (14th Dist)), the Court of Appeals, citing Texas Business Organizations Code (Secs 152.206 and 152.002(b)(3)), held that while a partnership agreement may authorize contracts between a partnership and partners or their affiliates, but a partner entering into those contracts must still comply with the duty of care charged by statute.