4.2.4  Framework for negotiation

It is important to note that, in practice, termination provisions provide a backdrop for the Parties (and the Lenders) to initiate discussions about how to continue the PPP Contract where there is a risk of termination. It is usually in all parties' interests to find a way to continue the PPP Project and avoid termination and from the Contracting Authority's perspective, although it needs to protect the use of public funds, it also has a duty to provide public services. Negotiating a way to continue the PPP Contract which works for all parties may be the best way to achieve this and avoids triggering a termination payment liability.