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Counsel – Upcycle

Upcycle is the first platform within Generate Capital, charged with developing, acquiring, operating, and managing assets in the waste-to-value (WTV) industry. The WTV space is in desperate need of capital and a tremendously exciting space for creative and curious minds to invest their time. As people, firms, companies, and governments run out of space for their refuse, and as such refuse contributes to pollution and the warming of the planet, Upcycle and its projects are providing innovative, cutting edge solutions. This position will provide legal support to the Upcycle team as it builds out its new development arm, invests in and acquires new assets, and operates such assets. You will be responsible for managing associated legal risks, processes, and procedures, including reviewing documentation and working with other members of the legal team and outside counsel to provide best-of-class legal advice. We are looking for someone process- and results-oriented, passionate about the type of work Generate is doing, looking to apply their experience in project development, project finance, or waste business operations. This is a unique opportunity to work on all aspects of developing and operating projects on the cutting edge of the resource revolution.

What you will be doing at Generate Capital as Counsel/Upcycle (Waste-to-Value):

• Provide support to the Upcycle team in connection with legal management of WTV projects across all stages, with a focus on development, management, construction, and operations.

• Assist with RFPs for new projects and offtake contracts, including review of bidding requirements and bid documents.

• Work with and assist senior counsel on investment and financing work for the WTV investment team.

• Work with asset managers to respond to ongoing matters on the Upcycle portfolio, including amendments to service contracts (O&M agreements, management services agreements), project documents (feedstock agreements, PPAs, energy services agreement, construction agreements), financing arrangements (debt, tax equity, and/or co-sponsor equity), and other types of arrangements to support the smooth operation of our assets.

• Provide support to the Upcycle team in connection with WTV projects that have not yet achieved commercial operation. Work with team members in pre-COD activities including running RFP processes for service providers and contractors; negotiation of contracts for engineering, procurement and construction, operation, and maintenance; reviewing notices from and providing notices to service providers, including potential notices of deficiencies in services.

• Provide guidance on resolving disputes arising during construction or commercial operations, drafting and negotiating settlement agreements or amendments. As needed, pursue remedies, including enforcement of collateral rights and warranty claims, and provide potential strategic pre-litigation guidance.

• Interact with governmental authorities with respect to permit renewals and modifications and respond to notices of violations and develop remedial plans with the assistance of local counsel.

• Independently provide leadership on cross-functional teams and business units, identify legal issues affecting the portfolio, provide legal options and analysis of possible legal solutions, and give recommendations for addressing critical issues so that business and legal objectives are met.

• Apply your experience, your good judgment, and your acumen generally to creating scale solutions, processes, and responses to a diverse portfolio of operating assets.

• Assist in the training and development of Upcycle’s team by expanding their understanding of the legal and operations frameworks, trade-offs, and associated documentation.

• Provide general advice and contract support to Upcycle.

Candidate requirements and qualifications:

• 6+ years at a law firm and/or in-house experience representing waste management sponsors, developers, or operators.

• Demonstrated ability to draft and negotiate various types of project development agreements, including site control, offtake, interconnection and transmission, RFPs, and EPC and O&M contracts.

• Ability to draft and negotiate feedstock agreements, tipping arrangements, and other contracts relating to owning and operating waste management facilities, including consulting services, authorized service provider agreements, monitoring services, and SaaS solutions.

• Familiarity with project finance and asset and equity acquisitions).

• Prior experience in informal or formal dispute resolution.

• A passion for, or demonstrated commitment to, our mission: proving that sustainability pays.

• Ability to swiftly complete a project, consummate transactions, and drive to resolution/solution to issues small and large.

• Expert at applying knowledge in one industry/sector into new areas of investment, project development, or operations.

• Unimpeachable integrity and glowing references.

• Outstanding communication and interpersonal skills, including empathy, intuition, and listening as well as strong writing, editing, and basic design skills.

• Demonstrated ability to develop and maintain relationships with a wide variety of stakeholders.

• High level of self-awareness and humility, with excitement about confronting uncomfortable situations or new challenges.

• Intellectual agility, curiosity, and creativity; problem-solving is your default mode.

• Superior project and time management skills and high attention to detail.

• Entrepreneurial spirit: Ability to focus on details while also able to see long-term goals and obstacles.

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