Content Headings

Key Issues

Example clauses

Notes and References

Background (or Preamble)

This sets out the background of the agreement.

Whereas:

A.  The Authority wishes to [describe the project].

B.  The Concessionaire [is the successful bidder/has been chosen] to finance, design and construct [the infrastructure facility].

C.  [The Project has been approved by [Minister responsible] or [treasury]].

D.  The parties agree to undertake the project on the terms and conditions provided.

This Background section is not legally binding in many jurisdictions. This Background is intended only to provide information, not to import legal rights and obligations. Therefore, care should be taken to ensure that any information in the background that contains rights or obligations or information that needs to be relied upon are actually reflected in the operative part of the Concession Agreement.