• "Agreement" - refers to this Agreement including its relevant Annexes executed along with this Agreement, and such amendments as may be executed thereafter, in accordance with this Agreement.
• Build-Operate-Transfer Agreement - a contractual arrangement whereby the proponent undertakes the construction, including financing, of a given infrastructure facility, and the operation and maintenance thereof. The proponent operates the facility over a fixed term during which it is allowed to charge facility users appropriate tolls, fees, rentals, and charges not exceeding those proposed in its bid or as negotiated and incorporated in the contract to enable the proponent to recover its investment, and operating and maintenance expenses in the project. The proponent transfers the facility to the LGU concerned at the end of the fixed term that shall not exceed fifty (50) years.
• "Contract Documents" - shall be the documents referred to in Article 4 of this Agreement.
• "Design and Technical Specifications" - shall be the concept design, plans and technical drawing prepared by the LGU and provided in this Agreement as Annex A.
• "Dispute" - means any difference or disagreement of any kind whatsoever arising between the Parties in connection with, arising out of, or relating to the interpretation, implementation, breach, termination or validity of this Agreement.
• "Force Majeure"- is defined in Section 10.1 of this Agreement.
• "PROJECT"- the Project to be constructed, operated and maintained by the PROPONENT and transferred to the LGU after the Concession Period.
(The terms/items to be defined are not limited to those enumerated above. It may change and include other terms/ items as needed)