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Build Own Transfer Agreement
"I need a Build Own Transfer Agreement for a waste management facility in Hong Kong, with particular emphasis on environmental compliance and community impact provisions, including specific requirements for odor control and local employment obligations."
1. Parties: Identification of the contracting parties including the project company, government authority, and any other key stakeholders
2. Background: Context of the project, including purpose, objectives, and basic framework of the BOT arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Project Scope and Grant of Rights: Detailed description of the project and rights granted to the project company
5. Conditions Precedent: Prerequisites that must be satisfied before the agreement becomes effective
6. Construction Phase Obligations: Detailed obligations regarding design, construction, testing, and commissioning of the facility
7. Construction Timeline and Milestones: Specific deadlines, construction schedule, and milestone achievements
8. Quality Assurance and Compliance: Standards, specifications, and compliance requirements for construction
9. Ownership and Asset Rights: Rights and responsibilities during the ownership phase
10. Operation and Maintenance: Requirements for operating and maintaining the facility during the concession period
11. Performance Standards: Required service levels and performance metrics
12. Payment Mechanisms: Financial terms, including revenue arrangements and payment structures
13. Transfer Provisions: Terms and conditions for the transfer of assets back to the government
14. Force Majeure: Events constituting force majeure and consequences
15. Default and Termination: Events of default, remedies, and termination procedures
16. Indemnification and Liability: Allocation of risks and responsibilities between parties
17. Insurance: Required insurance coverage throughout all project phases
18. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
19. Governing Law: Specification of Hong Kong law as governing law and related jurisdictional matters
1. Government Support and Guarantees: Included when specific government guarantees or support mechanisms are part of the project structure
2. Environmental Compliance: Detailed environmental obligations when project has significant environmental impact
3. Social and Community Obligations: Required when project has significant community impact or requires specific community engagement
4. Refinancing Provisions: Included when project financing structure allows for potential refinancing
5. Third Party Agreements: Required when project involves significant third-party contracts or relationships
6. Technology Transfer: Included when specific technology transfer requirements exist
7. Local Content Requirements: Required when project must meet specific local content or employment requirements
8. Intellectual Property Rights: Included when project involves significant IP components or technology
9. Change in Law Provisions: Detailed provisions when regulatory environment is likely to change significantly
1. Technical Specifications: Detailed technical requirements and specifications for the facility
2. Performance Standards and Testing Procedures: Detailed performance criteria and testing methodologies
3. Payment Mechanism and Financial Model: Detailed calculation methods for payments and financial projections
4. Construction Schedule: Detailed timeline of construction milestones and deadlines
5. Required Insurance: Specific insurance requirements and coverage levels
6. Form of Performance Security: Templates for performance bonds and other security instruments
7. Land Documents: Details of land rights, access, and related documentation
8. Environmental Management Plan: Detailed environmental compliance and management requirements
9. Transfer Plan and Requirements: Detailed procedures and requirements for final transfer
10. Operating Procedures: Detailed operational requirements and procedures
11. Required Permits and Approvals: List of required regulatory approvals and permits
12. Form of Direct Agreement: Template for direct agreements with lenders or key contractors
Authors
Applicable Laws
Approved Plans
Authority
Base Case Financial Model
Building Works
Completion Date
Concession Period
Construction Phase
Construction Schedule
Construction Standards
Default Event
Design Documentation
Effective Date
Environmental Laws
Environmental Management Plan
Facility
Financial Close
Force Majeure Event
Good Industry Practice
Government Authority
Handover Date
Independent Engineer
Insurance Requirements
Land
Lenders
Material Adverse Effect
Operating Period
Operating Standards
Operation and Maintenance Manual
Performance Security
Performance Standards
Permits
Project
Project Agreements
Project Company
Project Documents
Project Site
Quality Assurance Plan
Required Insurances
Revenue
Scheduled Completion Date
Service Level Requirements
Specifications
Subcontractor
Technical Requirements
Technology
Termination Date
Testing Procedures
Transfer Date
Transfer Requirements
Transition Period
Works
Conditions Precedent
Grant of Concession
Project Site
Design and Construction
Quality Assurance
Testing and Commissioning
Operation and Maintenance
Performance Standards
Payment and Financial Provisions
Insurance
Force Majeure
Change in Law
Default and Termination
Transfer Provisions
Indemnification
Representations and Warranties
Environmental Compliance
Health and Safety
Labor and Employment
Intellectual Property
Confidentiality
Assignment and Novation
Dispute Resolution
Governing Law
Notices
Project Security
Government Support
Land Rights
Utilities and Infrastructure
Regulatory Compliance
Reporting Requirements
Subcontracting
Risk Allocation
Liability Limitations
Emergency Provisions
Step-in Rights
Technology Transfer
Community Relations
Local Content
Asset Management
Refinancing
Anti-corruption
Record Keeping
Amendments
Infrastructure Development
Energy and Utilities
Transportation
Waste Management
Healthcare Infrastructure
Educational Facilities
Public Housing
Industrial Development
Smart City Development
Environmental Services
Water Treatment and Supply
Telecommunications Infrastructure
Legal
Project Management
Construction
Operations
Finance
Risk Management
Environmental Compliance
Technical Services
Commercial
Investment
Regulatory Affairs
Asset Management
Infrastructure Development
Chief Executive Officer
Project Director
Legal Counsel
Construction Manager
Operations Director
Finance Director
Risk Manager
Environmental Compliance Officer
Technical Director
Contract Manager
Infrastructure Development Manager
Public-Private Partnership Specialist
Facility Manager
Asset Manager
Commercial Director
Investment Manager
Project Finance Specialist
Regulatory Compliance Manager
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