7. Draft Project Agreement

Draft project agreement sets out the terms and conditions that govern the public entity and the private partner in a PPP arrangement. The draft project agreement comprises several sections or chapters and each of those sections set out terms and conditions pertaining to a specific aspect of project. There are multiple annexes or schedules attached to this main body of the draft project agreement which provide more details on some specific matters, for example, the technical and performance specifications for the project or other agreements relating to the project, etc. The indicative terms and conditions that form part of the draft project agreement includes the following:

In the interest of the project, the private partner should disclose information such as copies of this project agreement, the maintenance manual, etc. to the public entity. MCA for development of National Highways under PPP framework includes a section on Disclosure. For more guidance on 'Disclosures', refer Annexure 14 of this module.