Consistent with the allocation of risk for MAGA events to the Contracting Authority, the amount payable to the Private Partner on a MAGA termination is typically similar to the termination payment for Contracting Authority default. See Section 4.3, Termination Payments and Section 4.7, Sample Drafting 4, Schedule, Clause (1).
It may be possible for the Contracting Authority to negotiate differing levels of compensation according to the particular MAGA event. For example, it may be possible to agree to pay the Contracting Authority Default termination amount for events where there is clear fault (such as outright expropriation or failure to grant a permit), while agreeing on a lesser amount (for example, still covering at least outstanding debt and contributed equity) for events less obviously within its direct sphere of control and influence. This will depend entirely on the circumstances applicable to the individual PPP Project.