3. Does the agreement provide for satisfactory healing times in the event of the Authority`s failure before the operator has the right to exercise its termination rights? 4. If the contract is terminated, under what circumstances is the economic operator entitled to the shortfall? Are there any limits on unrealized earnings that are refundable? If the Authority wishes to retain a right of termination for convenience, it is likely that the operator will seek compensation for the loss of future profits to be obtained at the time of termination. (5) In the event of termination, does the contract provide that the operator has the right to assume the subcontracting it requests and to transfer materials, equipment, plans, intellectual property, etc.? 6. Does the agreement provide that the operator will return the facility to a specified condition after termination? (7) Does the agreement require the operator to cooperate with a successor operator and provide him with all relevant information, equipment and materials? (8) What happens to staff in the event of dismissal? 9. Does the Authority`s agreement give the right to operate the facilities with the operator`s staff after the termination of the procedure and before the appointment of the company that will succeed it, subject to reimbursement of the cost of labour and a deadline for that obligation? (10) Is the agreement empowered to suspend the agreement? (11) Is the operator entitled to terminate the contract after an extended suspension? If so, how long? (12) What is the cost of suspending the agreement for the Authority? The Authority`s obligations under the D-M agreements are generally limited to some or all of the following issues: 1. payment obligations; 2. requirements to obtain certain authorizations and licences; 3. provision of various public services, including fuel, water and other consumables; 4. the obligation to grant the operator access to the facilities; 5.
making certain information, such as. B instruction notices and drawings produced, see THE Authority`s data as part of the Authority`s obligations in this checklist; 6. the obligation, if any, for the Authority to make certain investments during the duration of the agreement; 7. tax obligations, particularly in the case of overseas projects. a) If the information is found to contain inaccuracies, what is the risk? b) Is the operator required to conduct its own investigations and comply with the status of assets and performance? c) This situation is often difficult for the operator to accept, as the information may not be available or can only be assessed when the operator operates the facility. Should there be a performance calibration period during which the information will be verified? For more information, please see the checklist for the calibration period. Does the agreement provide that the Authority can terminate the agreement in the event of schedule 4 events? (2) If the operator is allowed to add the contract for all reasons: contractual clauses such as these are not discharge and horizontal defence provisions.