4.2.2  Understanding relevant agreements

Where termination compensation provisions are defined by reference to Lenders' financing agreements (including any hedging arrangements), equity agreements (e.g. subordinated loan documents) or the Project Agreements, the Contracting Authority and its advisers must review and approve the agreements involved. The Contracting Authority should also require approval rights in relation to changes to such agreements which could affect its liability (or the PPP Contract must be clear that any unapproved adverse changes will not be taken into account in calculating the Contracting Authority's liability).