4.7.2 Direct negotiations with an incumbent Project Company

If a Responsible Agency receives a proposal from an incumbent Project Company (or member thereof) to vary an existing PPP, which may or may not include new or modified infrastructure, the parties must comply with:

•  the existing PPP contract documents (where relevant)

•  the policies and guidelines referenced in Section 4.7; and

•  these Guidelines.

This is the case irrespective of whether the existing PPP contract documents contain specific modification or variation clauses.

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