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Strategy Delivery and Commissioning

78.4. Changes Caused by External Events

As noted, the general risk of implementing the PPP contract lies with the private partner. Exceptions to this general principle are limited to areas of specific relief such as relief events, compensation events, and force majeure events. In such cases, the PPP contract must specify the manner in which such events are notified between the parties. It also needs to clearly indicate the extent that such an event will result in a variation to the PPP contract, a variation that must also be formalized between the parties — albeit without a requirement for approval by either party. Where a party objects to or disagrees with the outcome of such a process, the variation would be decided in accordance with the dispute resolution procedure set out in the PPP contract.

 

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