In this section, the term PPP contract is used to refer to the contractual documents that govern the relationship between the public and private parties to a PPP. In practice, the PPP contract may contain more than one document. For example, a PPP for the design, construction, financing, operation and maintenance of a new power plant whose electricity is supplied in large quantities to a state transmission company may be governed by a power purchase agreement (PPA) between the transmission company and the PPP company, as well as by an implementation agreement between the relevant government ministry and the PPP company. Any agreement can in turn arise. Public-private partnerships (PPPs) take a wide range of forms, which differ in the extent of participation and the risk taken by the private party. The terms of a PPP are usually set out in a contract or agreement to describe each party`s responsibilities and clearly assign the risk. The following graph shows the range of PPP agreements*. *Note: Although the main characteristics of each category are summarized, there is overlap between the categories and the name given to a particular agreement may not reflect this classic categorization. It should also be ensured that a particular classification is enshrined in the laws of the host country, as in the case of many civil courts where strict definitions of „concessions“ and „leases“ apply.
The model agreements contained in this section do not constitute all agreements related to infrastructure projects. Your agreements are NOT intended to be used as „templates“. When preparing and drafting an agreement, legal advice should be sought to ensure that it is appropriate and feasible in the circumstances of a particular project, sector and country. The terms and conditions of this website can be found under About PPPLRC. A summary of the different types of agreements and model agreements can be found at the following address: In addition to the PPP contract, there will also be many contracts between the SPV and its suppliers and financiers. The most important of these would be the financing agreements between the SPV and its lenders, as well as the shareholder agreements between equity investors (see How PPPs are financed for more information on the structure of PPP contracts). The PPP contract may only take effect after those other contractual arrangements have been concluded. The EPEC Guidance Guide (EPEC 2011b, 23) lists the topics that should be covered in a typical PPP contract – the examples of standard PPP contracts and contractual clauses provide other examples. The contract section of the PPIAF Toolkit for HIGHWAY PPPs (WB 2009a) describes the range of contractual arrangements generally required for different types of PPPs. The PPP contract is at the heart of the partnership, defining the relationship between the parties, their respective rights and obligations, assigning risks and providing mechanisms to cope with change. In practice, the PPP contract can include several documents and agreements, as in the section What is the PPP contract? Descriptions of model agreements for PPPs in a number of transport sectors The PPP in Infrastructure Resource Center houses a set of real PPP contracts and model agreements for a number of contract types and sectors. Module 4: „Laws and Contracts“ contains a section on contracts that describes the types of PPP contracts and the typical content and terms of contracts, including standard hub clauses.
The section on agreements, obligations and guarantees describes other common elements of the contractual structure, including agreements with lenders. Definitions and interpretations. This section contains operational definitions and interpretations of the terms (e.B. Fiscal year, agency, authority, book value, concession, contractor, financial statement, industry best practices, minister, terminal, etc.), which are used in the contract document and require a clear understanding. It can also determine what prevails if discrepancies or ambiguities in the text of the agreement are taken into account. Checklists for agreements/sectors and model clauses can also be found below: In Chile, for example, the dispute settlement mechanism is established in the Concessions Act. .