(1) To what extent is force majeure defined? (Consider excluding reasonably foreseeable events by an experienced operator.) 2. Where the operation involves an entire network as opposed to a single facility, it is likely that a force majeure event will not result in a complete breakdown of the operation. However, force majeure clauses are often developed, which believe that the consequences will be a complete breakdown and do not address the circumstances in which the breakdown is partial. 3. Does the operator have the right to be exempt from liability in the event of a force majeure (e.g. B in case of increased costs? Does the operator still have to pay if he is unable to operate the facility? (4) Does the agreement provide for termination in the event of persistent force majeure? If so, by what length and by what option? 5. Do extended periods of force majeure be permanent or are cumulative periods also taken into account within a specified period of time? (1) What are the operator`s obligations? You will find a list of services that may be included in these services in Calendar 1. (2) The service space must be clearly defined – the geographical boundaries of the operator`s responsibilities must be clearly defined. If different types of services are to be offered, are the service spaces the same for everyone? (3) Clear definition of performance standards to be achieved – and whether performance standards are based on other factors. B for example, the quality of inputs (for example. B in water treatment, raw water quality) that bears the risks of other exceptional circumstances such as force majeure and abdace. Are there mandatory corrective measures to address performance deficiencies, such as damage.
B the damage liquidated? (4) Where the meters are to be installed/installed, is it clear who is responsible for the meters, their accuracy, the consequences of inaccuracies? (5) Are operating and maintenance standards clearly defined? Does the agreement have an obligation to meet certain essential requirements as they are in Schedule 2? Is there a maintenance plan? Is it assumed that some assets will be replaced as part of maintenance and included in the costs? Does the operator have to make a replacement towards the end of the agreement? Is there an asset protection mechanism to ensure that they are not dilapidated if they are returned at the end of the agreement? What is the operator`s responsibility for normal wear and tear? 6. Does the agreement provide for a mechanism to include additional services within the scope of the operator`s responsibilities (« variations ») and a dispute resolution procedure for calculating the costs of these additional services? (7) Is the operator responsible for financing capital investments? If not, should the operator visit the investment program or make recommendations? (8) Does the operator need to have an interface with customers? Does the operator have to issue invoices and collect revenue, is that authorized by law? (9) What licences and authorizations does the operator need to obtain? Will the government or the grantee get these permits? (10) What are the operator`s responsibilities with respect to spare parts? (1) What intellectual property licenses is the operator required to provide for the operation and maintenance of the facilities during and after the termination of the contract? The Authority should, at the end of the procedure, obtain at least a free licence for the use of the documents or technologies used and developed by the operator with regard to the systems, and this should apply to the operators who will succeed it.