Railway Reform: Toolkit for Improving Rail Sector Performance - ppiaf

Railway Reform: Toolkit for Improving Rail Sector Performance
Annex 4: Concession Contract Guide
Below Rail Infrastructure means all infrastructures including the rail required
for the delivery of a service to allow freight, and if relevant, passenger
services to use that infrastructure, details of which would be set out in a schedule
to the Agreement.
Change in Circumstances has the meaning contemplated within section 2.18
of the Guide.
Change in Land Use means any use of land constituting all or part of the Site
for which consent is required either at law or under the Agreement that departs
from existing Land Use.
Change in Land Use Consents means the consents required either at law or
under the Agreement to permit a Change in Land Use.
Compensation Event has the meaning described in section 2.16 of the Guide.
Concessionaire means the legal entity authorized to exercise the rights and
perform the obligations set out in the Agreement and the counterparty to the
Authority in the Agreement.
Concessionaire’s Default means an Event of Default for which the Concessionaire
is responsible.
Concessionaire’s Variation means a Variation requested or sought by the
Concessionaire.
Concessioned Assets means those assets that have been transferred to the
Concessionaire, or the rights to use those assets have been transferred, as the
same may be replaced, enhanced, or augmented by the Concessionaire pursuant
to the Agreement.
Conditions Precedent means those obligations to be carried out by the parties
in order that the Agreement may become fully effective, examples of which are
referred to in section 2.4 of the Guide.
Confidential Information means that information that is to be kept confidential
by the parties other than specific exceptions, examples of which are set out in
section 2.21 of the Guide.
Date of Termination means the date on which the Term or the Agreement
terminates; the concepts behind the two approaches are set out in section 2.24 of
the Guide.
Direct Agreement usually means the agreement between the Authority, the
Concessionaire, and the Funders or their representatives, which allows the Funders
to receive notice of a Concessionaire’s Event of Default and to exercise a
remedy to take control of the concession to improve performance under the
Agreement. Traditionally, a Direct Agreement allowed the Funders to appoint
another legal entity to assume Concessionaire responsibilities under the Agree-
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