This paper sets out a checklist of issues for a government to consider when designing or revisiting its framework for managing guarantees.

There is increased use of them between public utilities and private parties, often in combination with or following the corporatization of a public utility. 

(April 2008)

This document has been prepared for the purposes of the PPP in Legal Resource Center for contracts, laws and regulations (PPPLRC). It is a checklist for general guidance purposes only and should not be used as a substitute for specific legal advice for a project.

Find more related materials at PPP Checklist and Risk Matrix

Tracking Number: Change_of_Law_Checklist_Sample_Wording_EN

Insurance is an area of project finance that is often left to the end of negotiations, with little attention given to it. Availability of insurance, levels of cover and deductibles will, however, have an impact on the risks being taken by the authority, the operator/ project company and the lenders and so should be central to negotiations.

In order to avoid the uncertainties and delays involved in relying on the applicable law, parties to contracts often prefer to provide for a specific regime for force majeure, along with a definition of which events shall qualify for special treatment.

The term force majeure used in drafting project documents comes originally from the Code Napoléon of France, but should not be confused with the French doctrine. Generally, force majeure means what the contract says it mea

The checklist should also be useful in identifying areas which have not been addressed or require further attention.

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It is not essential to obtain positive answers to all the questions below in order to be able to give a contract a positive review, but hopefully the checklist will be useful in identifying areas of the contract which require further attention.

For more information about this sector, please visit Public–Private Partnerships in Energy and Power.

The following sets out the areas of scope of work for terms of reference (ToRs) to appoint legal advisers to assist the Government in the preparation of a public-private participation transaction (PPP) in the transport sector.

该文件是为PPPLRC制定的。该文件是一份检查表，仅可作为一般指南使用，不得替换项目的特定法律建议。本文档提供了一份特许经营权合同问卷及检查表的样本，主要关注东道国的法律环境。

This document has been prepared for the purposes of the PPP Legal Resource Center for Contract, Laws and Regulation (PPPLRC). It is a checklist for general guidance purposes only and should not be used as a substitute for specific legal advice for a project. This document provides a sample concession contracts questionnaire and checklist between public and private sector, especially focusing on the legal environment of the host country.