Content Headings

Key Issues

Example clauses

Notes and References

Expiry

It is often appropriate to provide that some obligations survive following the termination of the concession agreement, for example, confidentiality provisions. To ensure this, the parties may provide specifically that certain clauses will survive the termination of the agreement. The alternative is to provide that expiry affects only certain clauses (as in Alternative 2).

Alternative 1:

The Concessionaire's right and obligation to carry out the Project Operations shall terminate automatically on expiry of the Project Term unless and to the extent previously terminated in accordance with this agreement.

Alternative 2:

The [Service Period] will commence on the [Service Commencement Date] and terminate the earlier of:

(a)  the Expiry Date; and

(b)  the Termination Date.

Alternative 1 adapted from Department of Health (UK), Standard Form Project Agreement Index reference A1 Folder 1.

Alternative 2 adapted from Office of Government Commerce, UK, Standardisation of PFI Contracts - General, index reference C1, folder 5.