2  Commercial Principles

Guidance Note: The Commercial Principles illustrated in this Schedule 1 will need to be amended as necessary by the Project Owner to reflect the specific Commercial and Legal Framework developed for the Project.

The Project Owner is committed to achieving commercial and business outcomes that will provide value for money to the State. There are a number of commercial principles which inform the Commercial and Legal Framework.

  all Participants are jointly responsible for achieving the Project Objectives;

  100% open and transparent accounting;

  actual cost reimbursement;

  performance that fails to achieve MCOS Performance leads to liability under the Risk or Reward Regime;

  collective assumption of risk in accordance with the Risk or Reward Regime;

  the Non-Owner Participants remuneration is commensurate with their performance; and

  the Non-Owner Participants are incentivised to achieve the Project Objectives.