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Build Own Transfer Agreement
"I need a Build Own Transfer Agreement for a solar power plant project in Maharashtra, India, with a 25-year concession period starting March 2025, including specific provisions for renewable energy regulations and environmental compliance."
1. Parties: Identification of the government authority and the private entity (concessionaire)
2. Background: Context of the project, objectives, and basis for the agreement
3. Definitions and Interpretation: Detailed definitions of terms used and rules of interpretation
4. Scope of the Project: Detailed description of the project, rights granted, and concession period
5. Conditions Precedent: Prerequisites to be fulfilled by both parties before agreement effectiveness
6. Project Site: Details about the site, access rights, and site conditions
7. Construction Phase: Construction obligations, timelines, monitoring, and completion requirements
8. Operation and Maintenance: Operating standards, maintenance requirements, and performance metrics
9. Payment Terms: Financial arrangements, revenue sharing, and payment mechanisms
10. Performance Security: Requirements for performance guarantees and securities
11. Risk Allocation: Distribution of risks between parties and mitigation measures
12. Transfer Requirements: Conditions and process for transfer of the facility back to the authority
13. Force Majeure: Definition of force majeure events and consequences
14. Change in Law: Provisions dealing with legislative changes affecting the project
15. Default and Termination: Events of default, remedies, and termination provisions
16. Dispute Resolution: Mechanism for resolving disputes between parties
17. Representations and Warranties: Standard declarations by both parties
18. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law
1. Step-in Rights: Used when lenders require rights to take control of the project in case of default
2. Government Support: Include when specific government guarantees or support is provided
3. Environmental and Social Requirements: Detailed section needed for projects with significant environmental impact
4. Local Content Requirements: Include when there are specific local content or employment obligations
5. Refinancing: Include when refinancing provisions and benefit sharing are relevant
6. Insurance: Detailed section when complex insurance arrangements are required
7. Intellectual Property Rights: Include for projects involving significant technology transfer or IP
8. Change in Ownership: Include when restrictions on ownership changes are required
1. Project Site Details: Detailed description and maps of the project site
2. Technical Specifications: Detailed technical requirements and standards
3. Performance Standards: Specific metrics and standards for operation
4. Testing Requirements: Procedures for testing and commissioning
5. Operation and Maintenance Requirements: Detailed O&M procedures and standards
6. Payment Mechanism: Detailed calculation of payments and adjustments
7. Forms of Securities: Templates for various bonds and guarantees
8. Insurance Requirements: List of required insurance coverage
9. Transfer Requirements: Detailed procedures and standards for transfer
10. Environmental Management Plan: Environmental compliance requirements
11. Land Details: Details of land acquisition and rights
12. Permits and Approvals: List of required permits and responsibilities
Authors
Transportation (Roads, Highways, Ports)
Energy and Power Generation
Water and Sanitation
Healthcare Infrastructure
Educational Infrastructure
Smart Cities Development
Waste Management
Urban Infrastructure
Railways and Metro Systems
Airports and Aviation
Telecommunications
Legal
Project Finance
Operations
Business Development
Government Relations
Risk Management
Compliance
Technical Services
Project Management
Contract Administration
Public Relations
Infrastructure Development
Project Director
Chief Executive Officer
General Counsel
Infrastructure Development Manager
PPP Specialist
Project Finance Manager
Contract Manager
Legal Counsel
Risk Manager
Technical Director
Operations Director
Compliance Officer
Business Development Director
Infrastructure Investment Manager
Public Relations Manager
Government Relations Manager
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