Toward the end of an agreement come “boilerplate” clauses – clauses that vary little between similar agreements – and clauses addressing miscellaneous matters.
Some of these clauses are likely to be highly negotiated. Assignment clauses, for example, tend to vary widely. These clauses are likely to be very important in the forest carbon context, where there are many start-up companies that expect to be acquired by other companies. These buyers will want a permissive assignment clause so that they are able to transfer their contractual rights and obligations at acquisition.
Disclaimer: Materials on this site are meant to highlight issues that should be considered in PES transactions, not to provide a substitute for experienced legal counsel. It will be essential to engage legal counsel in conjunction with any PES transaction to ensure that any agreements reflect the latest developments in the field and comply with current local and national legislation.
This website is made possible by the generous support of the American people through the United States
Agency for International Development (USAID), under the terms of the TransLinks Cooperative Agreement
No.EPP-A-00-06-00014-00 to The Wildlife Conservation Society (WCS). TransLinks is a partnership of WCS, The Earth
Institute, Enterprise Works/VITA, Forest Trends and The Land Tenure Center. The contents are the responsibility of the
authors and do not necessarily reflect the views of USAID or the United States Government.
PES Contract Toolkit
