The main part of the contractual agreement is usually divided into several sections or chapters, each dealing with a specific topic. The main part of the agreement may be accompanied by one or more annexes or timetables. These annexes or timetables provide additional details on specific issues, e.B the technical specifications and performance specifications of the project. The generally common key sections of an agreement and the nature of their content are briefly mentioned below: Clement Davies` paper addresses some of the key issues in the development of concession agreements in transition countries – including risk allocation, pricing structure, performance standards, handling of changes, terminations and intervention rights for lenders. Design the construction and maintenance of the plant. This Section may contain provisions relating to the design and preparation of drawings, the approval of architectural and technical designs and drawings, the review and approval of designs and drawings, the construction of the project, the beginning and completion, the consequences of early and late completion, the supervision and supervision of construction, testing and commissioning, operation and maintenance, include temporary closure for repair and maintenance. Impact management, network connectivity and access to facilities by other operators/agencies, significant violation of operations and maintenance, performance measures (quality and quantity of project results), performance monitoring, information disclosure, underperformance, assurance, service life, etc. Module 4: «Laws and Contracts» contains a section on contracts that describes the types of PPP contracts and the typical content and terms of contracts, including standard hub clauses. The section on agreements, obligations and guarantees describes other common elements of the contractual structure, including agreements with lenders. In addition to the PPP contract, there will also be many contracts between SPV and its suppliers and financiers. The most important of these would be the financing agreements between the SPV and its lenders, as well as the shareholder agreements between equity investors (see How PPPs are financed for more information on the structure of PPP contracts). The PPP contract may only take effect after those other contractual arrangements have been concluded.
The EPEC Guidance Guide (EPEC 2011b, 23) lists the topics that should be covered in a typical PPP contract – the examples of standard PPP contracts and contractual clauses provide other examples. The contract section of the PPIAF Toolkit for HIGHWAY PPPs (WB 2009a) describes the range of contractual arrangements generally required for different types of PPPs. For a summary of each type of agreement and model agreement, see: Definitions and Interpretations. This section contains operational definitions and interpretations of the terms (p.B fiscal year, organization, authority, book value, concession, contractor, financial statements, industry best practices, minister, terminal, etc.) used in the contract document that require a clear understanding. It can also determine what prevails if discrepancies or ambiguities in the text of the agreement are taken into account. *Note: Although the main characteristics of each category are summarized, there is overlap between the categories and the name given to a particular agreement may not reflect this classic categorization. It should also be ensured that a particular classification is enshrined in the laws of the host country, as in the case of many civil courts where strict definitions of «concessions» and «leases» apply. The model agreements contained in this section do not constitute all agreements related to infrastructure projects. Your agreements are NOT intended to be used as «templates». When preparing and drafting an agreement, legal advice should be sought to ensure that it is appropriate and feasible in the circumstances of a particular project, sector and country.
The terms and conditions of this website can be found under About PPPLRC. You can also access the checklists for agreements/sectors and sample clauses below: Version Three, published by the New Zealand National Infrastructure Unit, October 2013. This agreement has been prepared for new privately funded sites where no existing staff need to be relocated. The document has been prepared for a facilities management contract and needs to be adapted for a complete operational project. Descriptions of model agreements for PPPs in a number of transport sectors Tariffs, charges, charges, collections and allocations. . . .