PROVISIONS OF THE DRAFT CONCESSION AGREEMENT [see rule 42(3)(c)]

The provisions of the draft Concession Agreement shall inter-alia necessarily cover: (i) Recitals- identifying the parties to the contract, offer and acceptance; (ii) Definitions- defining the key terms of the contract to ensure uniformity of usage and interpretation throughout the document; (iii) Scope of the Public Private Partnership (PPP) Project; (iv) Grant of concession, whereby the Procuring Entity grants the concession to the Concessionaire subject to the terms and conditions of the Concession Agreement; (v) Conditions precedent; (vi) Obligations of the Concessionaire; (vii) Obligations of the Procuring Entity; (viii) Representations and warranties of both the parties; (ix) Form and value of Performance Security to be submitted by the Concessionaire; (x) Matters related to the site; (xi) The construction of the facility including Minimum Technical Requirements thereof, date for completion of construction etc.; (xii) Performance monitoring during construction including key performance indicators, monitoring responsibilities and related provisions; (xiii) Completion of construction including provisions for testing, approval and certification; (xiv) Change in scope during the contract period; (xv) Operation and maintenance of the facility and provision of service including minimum technical requirements; (xvi) Performance monitoring during operations and maintenance including key performance indicators, monitoring and reporting responsibilities and related provisions; (xvii) Appointment, role and functions, remuneration and reporting requirements of Independent Engineer and Independent Auditor; (xviii) Financial close; (xix) State support, grant expected or revenue share or premium to be paid; (xx) Payments by users, authority for tariff fixation, procedure of revision of tariff and related provisions; (xxi) Collection of user charges, including allocation of the authority to collect and retain user charges; (xxii) Financial aspects of the contract including escrow account, other payments between the parties to the contract; (xxiii) Maintenance of books of accounts and audit requirements; (xxiv) Insurance; (xxv) Force Majeure – definition, procedure for recognition under the contract, consequences and compensation on termination due to occurrence of Force Majeure events; (xxvi) Events of default and consequences of default; (xxvii) Termination of the contract and consequences of termination; (xxviii) Assignments and charges; (xxix) Change in law including consequences for change in law; (xxx) Liability and indemnity; and (xxxi) Dispute resolution.