Checklists

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Insurance - Explanatory Note and Checklist

Insurance - Explanatory Note and Checklist

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Force Majeure - Checklist and Sample Wording

Certain events, beyond the control of the PPP parties, may inhibit the parties from fulfilling their duties and obligations under the project agreements.To avoid the resultant breach of contract,…

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Operation and Maintenance Agreements Checklist (Stand Alone)

The purpose of this checklist is to identify the key areas to be considered in reviewing and drafting an operation and maintenance agreement where the agreement is a standalone agreement (i.e., the…

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Energy - Management Contract - Due Diligence Checklist

The purpose of this note is to outline the general issues that should be addressed by the local lawyer in the "legal due diligence" exercise relating to preparation of a PPP management contract for…

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Construction Contracts - Checklist

The purpose of this checklist is not to replace a review of the construction contract, but is intended to be used following such a review in order to check that all the key areas of the PPP contract…

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TOR Checklist Potential Tasks for Legal Advisor Transport Project

Terms of Reference – Checklist of Potential Tasks for Legal Advisers to the Government for the Development of a PPP transaction in the Transport Sector

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特许经营权合同问卷及检查表(Concession Contracts Questionnaire and Checklist)

本文档提供了一份特许经营权合同问卷及检查表的样本(中文) This document provides a sample concession contracts questionnaire and checklist between public and private sector (in Chinese)

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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. Explore the…

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Gender & Water and Sanitation Projects

Integrating Gender Across the PPP Project CycleMultinational Development Banks (MDBs) as well as bilateral and national development banks and many other leading development organizations have a…

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Gender & Transport Projects

Integrating Gender Across the PPP Project CycleMultinational Development Banks (MDBs) as well as bilateral and national development banks and many other leading development organizations have a…

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Joint Development Agreement Termsheet

GeneralA. Parties: [Name of Lead Party] (“________”), and [Name of Other Party] (“Party B”), collectively with [Lead Party], the “Parties.”B. Project: [Insert description of the Project.]C. Scope of…

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Benchmarking Period Checklist

GeneralA 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…

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Joint Venture Checklist

Equity/ sharesWill it be a 50:50 deadlock joint venture, or will one party have a majority interest?Will economic ownership and voting rights be the same?Should there be different classes of shares,…

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Dispute Resolution Checklist

You can download a word version of this Dispute Resolution Checklist.When reviewing or drafting an agreement, it is important to take a careful look at the dispute resolution clause. This will…

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Force Majeure Checklist

What is force majeure?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…

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Insurance Checklist

GeneralInsurance 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,…

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Checklist for Operation and Maintenance Agreement

ChecklistGeneral pointsAre there any areas of the agreement which need to be checked or developed by a technical adviser been identified, e.g.:scope of operating and maintenance services;scope of…

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Construction Contracts Checklist

The purpose of this checklist is not to replace a review of the construction contract, but is intended to be used following such a review in order to check that all the key areas of the contract have…

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Concessions Checklist

If Civil Law:Does law provide for adjustment of terms in the event of change in circumstances?Does the purpose behind the project constitute public service obligations/public interest and what is…

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Due Diligence Checklist

Government OrganizationWhat institutions are involved in the approval and award of PPP Projects?What role are any existing PPP units playing?Is there a clear process for identifying, carrying out…

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Airport Concession Checklist

Airport Specific IssuesLegal FrameworkIs the Concession a Contract or a Lease?Who is the Grantor and is it duly authorized by:Civil Aviation Authority?Ministry of Trade?Finance Ministry?Military?…

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Change of Law

IntroductionThe operator should be obliged under the Contract to comply with all applicable legislation. The cost of complying with legislation which is current or foreseen at the time of the…

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Checklist: Drafting TORs for Advisors

WHAT TYPE OF ADVISOR IS REQUIRED? There are a number of potential advisors that a Government may need to consider using on an infrastructure project. For instance, if the project is looking at…

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Full Divestiture and Privatization

Form of Divestiture and PrivatizationTypically a government intending to divest of utility assets will sell shares in the utility or transfer assets into a special purpose company and sell shares in…