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

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44PART 2Payment on of TerminationAll payments due under this Part 2 shall be paid within 30 days of the date oftermination and the debtor shall otherwise comply with the provisions of Clause 17.Where relevant, title in the Facility and Materials purchased by the Purchaser underthe terms of this Part 2 shall be delivered on the date when payment is made in full.This Part 2 shall apply to termination before the Expiry Date, whether it occurs beforeor after the issue of the Performance Certificate.On termination of the Contract the Purchaser shall compensate the Supplier asfollows:Category of terminationTermination for Supplier defaultAmount Payable[]% of aggregate of the Base Monthly Charge for theperiod from the date of termination of the Contractuntil the Expiry Date as set out in Schedule 3less the reasonable Cost of rectification of theFacility, if any, which the Purchaser is required tocarry out to bring the Facility up to the standard setout in clause 16.3(a) which is due to the Supplierhaving failed to meet its obligations under clause 16.3(a)Expiry of the ContractExtended Force Majeure (includingthe Release Events which are notPurchaser Risks)Nil and the residual value of the Facility and anyspares[]% of aggregate of the Base Monthly Charge for theperiod from the date of termination of the Contractuntil the Expiry Date as set out in Schedule 3 plusother unavoidable Costs (including breakage costs forfinancing)minus any insurance proceeds received by theSupplier for the Force Majeure event,subject to a duty on the Supplier to use reasonableendeavours to minimise Costs[Note: payment for termination for extended FMshould include a profit element.]Termination for Purchaser Default[ ]% of aggregate of the Base Monthly Charge for theperiod from the date of termination of the Contractuntil the Expiry Date as set out in Schedule 3; plusPPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
45an amount comprising costs of work carried out bySupplier, breakage Costs (including market value ofMaterials purchased by Purchaser), repatriation Costs,subject to a duty of mitigation of the Supplier tominimise Costs; plusreasonable loss of profit calculated as the aggregateVariable Charge based on a projected take of [ ] m³per day:(i)(ii)in the case of termination of theContract prior to the fifth anniversaryof the Effective Date, for the periodfrom the date of termination to the fifthanniversary of the Effective Date; andin the case of termination of theContract after the fifth anniversary ofthe Effective Date, for the period fromthe date of termination to the ExpiryDate up to a maximum 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 and 38: 37(b)The Purchaser shall indemnify
Page 39 and 40: 39IN WITNESS WHEREOF the Parties ha
Page 41 and 42: 41SCHEDULE 2REPORTSThe Supplier sha
Page 43: 43SCHEDULE 4FEES AND CONSEQUENCES O
Page 47 and 48: 47SCHEDULE 6INSURANCEPPP in Infrast
Page 49 and 50: 49SCHEDULE 8[LICENCE/LEASE]PPP in I
Page 51 and 52: PG:185062.2
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