Leases and Affermage Contracts

Leases and affermage contracts are generally public-private sector arrangements under which the private operator is responsible for operating and maintaining the utility but not for financing the investment.

Benin - Modele 4 - modele de contrat fermier - affermage contract - entre Commune and Association des Usagers de l'Adduction d'Eau

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 It is envisaged by the ministry that it would be used alongside an operation contract that the AUE would enter into with a private service provider to delegate functions to the provider rather than the AUE carrying out all of these functions itself.

Benin - Modele 3 - contrat d'affermage - contrat production par fermier et distribution par une AUE

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There is no need to have any specific obligations in this contract regarding increases in connections as the provider takes the net revenues and so is incentivized naturally to increase connections.  The provider is responsible for repair and maintenance but not major renewal and replacement and extension (which will be funded out of the rehabilitation fund that comes out of the licence fee).  The provider implements/ oversees any major renewal or extension of the water facility and pump, as per the annual capital investment plan.  While this contract is developed in a civil law context usi

French Affermage Model - Agreement in English

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THIS DOCUMENT HAS BEEN PREPARED FOR THE PURPOSES OF THE PPP IN INFRASTRUCTURE RESOURCE CENTER FOR CONTRACTS, LAWS AND REGULATIONS. IT IS A CHECKLIST FOR GENERAL GUIDANCE PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FOR A PROJECT.

PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPLRC)

French Affermage Model - A New Model for Leasing Contract of Public Drinking Water Distribution Services

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This document has been prepared for the purposes of the PPP in Infrastructure Resource Center for Contracts, Laws and Regulations. It is a checklist for general guidance purposes only and should not be used as a substitute for specific legal advice for a project.