Sample Clauses | Public Private Partnership

UNCITRAL Model Legislative Provisions on Public-Private Partnerships

Read more about UNCITRAL Model Legislative Provisions on Public-Private Partnerships

The Legislative Guide and the Model Legislative Provisions cover the main issues relevant to the establishment of a favourable legal framework for PPPs. The various chapters provide information on:

(a) The guiding principles for a legal framework for PPPs, the administrative coordination and the scope of authority to enter into PPP contracts;

(b) Project planning and preparation, including the carrying out of economy and efficiency studies but also a thorough assessment of the fiscal, social and environmental impact of the project;

Checklists for Key Legal/ Drafting Issues in PPPs and sample clauses

When preparing or reviewing PPP project documents, having access to specific checklists can help ensure that important legal and contractual issues are thoroughly considered:

Sample TORs by Project

Find a compilation of sample Terms of Reference by sector or project type.

Energy-Efficient Street Lighting PPPs

Street lighting is an essential public service typically provided by public authorities at the sub-national and municipal level. Cities are increasingly investing in energy-efficient street lighting systems to replace or enhance their outdated systems. While reliable and bright public lighting reduces accidents and crime and allows for economic activity after sunset, modern energy-efficient street-lighting technology can also lower energy consumption as well as operation and maintenance costs significantly. Many different models have been developed world wide to deliver energy-efficient street lighting projects, including public-private partnerships. This section looks at sample contracts, bidding documents, policies, laws and regulations, and other tools related to street lighting projects.

Benchmarking Period Checklist and Sample Wording

You can also download a word version of the Benchmarking Period Checklist.

General

A benchmarking period enables the operator to establish, with the participation of the awarding authority, the base case for performance and asset condition during a preliminary phase of the project. The disadvantages are that: -

Example of an Alternative Dispute Resolution Clause

The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute.

Sample Force Majeure Clauses

Force Majeure provisions vary depending on the jurisdictions (civil law countries typically have a specific definition of force majeure in law) and the project.

Force Majeure Clauses - Checklist and Sample Wording

Certain events, beyond the control of the parties, may inhibit the parties from fulfilling their duties and obligations under the project agreements. To avoid the resultant breach of contract, parties may prefer to excuse contractual obligations to the extent that they have been so inhibited.

Airport BOT & Concession agreements - Legal and Regulatory Issues - Checklist

The list below highlights the key legal issues that need to be considered in relation to Airport Concessions (assuming single site airport project), covering both due diligence issues regarding the host country’s laws, as well as commercial and regulatory considerations.

PPP Sector Specific Checklists

Checklists and Risk Matrices: Glass Skyscraper

When preparing or reviewing Public-Private Partnership (PPP) project documents, it is useful to have access to comprehensive, sector-specific checklists.