hub STANDARD FORM TERRITORY PARTNERING AGREEMENT
VERSION 1
IMPORTANT NOTICE
This is the first version of the hub standard form of Territory Partnering Agreement (TPA) the intention of which is to minimise the time and costs of dealing with legal issues relating to hub. The Scottish Futures Trust (SFT) expect the standard form TPA to be used substantially un-amended. A certain degree of customisation of the standard form TPA will be necessary to reflect the individual features of particular schemes. However project specific justification must be given to any such customisation and must be approved by SFT.
Users of this standard form should be aware of the following points:
1. The standard form contract contains a number of footnotes identifying certain key issues that the parties will need to consider when using it. However, this is not an exhaustive list, and the standard form TPA will therefore need to be analysed and reviewed in detail to ensure that it is tailored to the requirements of each Territory and that its terms (and their impact) are clearly understood by the Participant(s). Customisation should not however extend to the parties seeking to change the substance of commercial terms or making unnecessary drafting amendments. All changes to the standard form contract require the prior approval of SFT.
2. All parties are reminded that hub is a true partnership in every sense of the word and the value of further debate over insubstantial issues should be considered in this light. The public sector shall be positively motivated to work with the private sector to avoid or mitigate the impact of any issues that may arise over the lifetime of the partnering.
3. The standard form TPA is not a replacement for independent, specialist advice and the public sector must ensure that they have taken appropriate legal, financial and technical advice before using this document.
4. The standard form TPA should be used in conjunction with any guidance issued by SFT or the Scottish Government from time to time.
5. This notice and the footnotes should be removed as appropriate before finalisation of the document for execution and/or submission to bidders.
6. Should you have any questions on the draft you are asked to contact the Commercial Director, Scottish Futures Trust (hub@scottishfuturestrust.org.uk).