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

43SCHEDULE 4FEES AND CONSEQUENCES OF TERMINATIONPART 1ChargeBase Monthly Charge: [ ] plus [Service Tax]Variable Charge: [ ] per m 3 of treated water supplied by Supplierfrom the Facility(a)On or after the Completion Date, the Supplier shall issue an invoice for thefirst payment of the Base Monthly Charge for the month in which theCompletion Date has fallen and for the month following the month in whichthe Completion Date has fallen. In respect of all subsequent monthly invoicesthe Supplier shall issue an invoice on or after the first day of each month for:(i)(ii)the Base Monthly Charge in respect of the month following the monthin which the invoice is issued; andthe Variable Charge for the month preceding the month in which theinvoice is issued.(b)The Base Monthly Charge shall be adjusted in accordance with the followingformula applied annually on the anniversary of the Base Date:[Adjustment formula including indexation, increases in volume, exchangerisk, actual operation cost]The Purchaser shall pay the Base Monthly Charge throughout the OperatingPeriod irrespective whether the Facility is Available or not.(c)The Supplier shall vary the Variable Charge, accordingly, if the Raw Waterfalls outside the band that is plus or minus [ ] % of the design level as detailedin the Technical Specification.[Adjustment formula including indexation, increases in volume, exchangerisk, actual operation cost](d)In the case of interruptions to the Facility caused by a Purchaser Risk,reasonable loss of profit payable in accordance with clause 17.4(e) shall becalculated per day of interruption as:Reasonable loss of profit per day = ([ ]m³ - actual m³ taken) x Variable Chargeper dayPPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007