VII. OTHER CONTRACTUAL ISSUES

Yes/No

Comments

64. Does the contract include a dispute resolution mechanism?

65. If yes, does the procedure involve different stages for resolving disputes?

66. Does the dispute resolution mechanism envisage appointing of PPP experts or arbiter among distinguished professionals?

67. Are there strict deadlines specified for the PPP experts/arbiter to make decisions and reach resolution?

68. Are the decisions made by experts/arbiter enforceable?

69. Does the contract include provisions allowing the public-sector party to step-in?

70. Doest the contract specify the circumstances under which the public-sector party is entitled to step-in?

71. Does the contract specify who should bear the costs arising from the public sector's step-in actions?

72. Does the contract include provisions allowing the lenders of the project to step-in?

73. Doest the contract specify the circumstances under which the lenders are entitled to step-in?

74. Does the contract include early termination clauses?

75. Does the contract specify the circumstances under which the private-sector party has the right to terminate the contract before the contract expires because of a public-sector party default?

76. Does the contract specify the circumstances under which the public-sector party has the right to terminate the contract before the contract expires because of a private-sector party default?

77. Does the contract specify the circumstances under which the public-sector party has the right to voluntarily terminate the contract?

78. Does the contract specify the compensation payable to the private-sector party in the above cases?

79. Does the contract include provisions for early contract termination because of force majeure events?

80. Does the contract specify these force majeure events?

81. Does the contract consider corrupt gifts and fraud as causes for early contract termination?