Content Headings

Key Issues

Example clauses

Notes and References

Parties

Who is the public sector party? This needs to be a legal entity. A government department may or may not be a legal entity. Look at the local laws (including any legislation to adopt PPP), and at the local conventions.

Who is the private sector party? If it is a special purpose vehicle (SPV), are there any guarantees or undertakings by the shareholders (or the sponsors) of the SPV? If so, the shareholders of the SPV may need to be parties (Often the sponsors' undertakings are contained in a separate agreement).

(1)  [Name of 1st party] of [Address of 1st party] (the "Authority"); and

(2)  [Name of 2nd party] of [Address of 2nd party] (the "Concessionaire")

Only parties to the Concession Agreement are capable of suing for rights and obligations under it. Care should be taken to ensure that all necessary parties are included.