Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

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38(g)(h)this Contract will be enforceable in accordance with its terms under theApplicable Law without any requirement for further action to be taken by anyparty; andby entering into this Contract it will not contravene any Applicable laws.23.2 SupplierThe Supplier represents, warrants and undertakes to the Purchaser that as at the dateof this Contract and the Effective Date:(a) it is a corporation duly established under the laws of [ ];(b)(c)it has full power and authority to enter into this Contract; andit has taken all necessary action for the authorisation of its entry into thisContract and the performance of its obligations under this Contract.24. FINANCING24.1 Lenders' SecurityThe Purchaser agrees, if requested by the Supplier, to enter into an agreement (in aform reasonably acceptable to the Purchaser) with the Lenders, pursuant to which thePurchaser will acknowledge the creation of security over the Supplier's rights underthis Contract and agree that upon breach of this Contract by the Supplier or theinsolvency of the Supplier the Lenders shall:(a)(b)have the right within a time to be specified in that agreement to cure suchbreach of this Contract; andhave the right to assume all the rights and obligations of the Supplier underthis Contract.24.2 Purchaser's Co-operation with FinancingThe Purchaser shall, as and when requested to do so by the Supplier at any time afterthe execution of this Contract, prepare and provide such information in connectionwith this Contract and/or the Services as may be reasonably required for the purposesof any potential Lender to the Supplier under a proposed loan or other financingagreement. The Purchaser shall co-operate with the Supplier in good faith in order tosatisfy on a mutually agreeable basis the requirements of the Supplier's financingarrangements, including where appropriate the making of amendments to the terms ofthis Contract as may be reasonably required and agreed.PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
39IN WITNESS WHEREOF the Parties have executed this Contract on the date whichappears on page 1.SIGNED by [ ] for and on )behalf of [SUPPLIER] )in the presence of )SIGNED by [ ] )for and on behalf of )[PURCHASER] )in the presence of )PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
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Page 3 and 4: 3other property. [For the purposes
Page 5 and 6: 5"Standards of a Reasonable and Pru
Page 7 and 8: 7notice or other communication rece
Page 9 and 10: 92.2 Failure to Meet Conditions Pre
Page 11 and 12: 11and shall ensure that no person o
Page 13 and 14: 13(a)(b)an extension of time under
Page 15 and 16: 15(a)a Variation (unless an adjustm
Page 17 and 18: 17issue a Performance Certificate a
Page 19 and 20: 1912. EMERGENCIES12.1 EmergenciesNo
Page 21 and 22: 2114.2 Value EngineeringThe Supplie
Page 23 and 24: 2315.3 TaxesThe payments to be made
Page 25 and 26: 25instructed by the Purchaser for t
Page 27 and 28: 27(c)(d)(e)If any loss or damage ha
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Page 31 and 32: 31without, in any such case, the pr
Page 33 and 34: 3319. FORCE MAJEURE19.1 Definition
Page 35 and 36: 35keep further contemporary records
Page 37: 37(b)The Purchaser shall indemnify
Page 41 and 42: 41SCHEDULE 2REPORTSThe Supplier sha
Page 43 and 44: 43SCHEDULE 4FEES AND CONSEQUENCES O
Page 45 and 46: 45an amount comprising costs of wor
Page 47 and 48: 47SCHEDULE 6INSURANCEPPP in Infrast
Page 49 and 50: 49SCHEDULE 8[LICENCE/LEASE]PPP in I
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