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Concession Agreement Parties

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Model concession agreements (MCAs) have played an important role in decouping the complexity of these transactions. Using a standardized form for concession agreements reduces unnecessary delays and transaction costs. It also simplifies the bidding process and inspires the confidence of bidders and financiers who invest in infrastructure development. In addition, compliance with WAB standards reduces the costs and risks of small governments and private parties carrying out small projects at the local level, as in most cases they do not have the same expertise as the agencies and forums that develop THE ETCs. Insurance for personnel, equipment and vessels covering damages and injuries in the concession area is generally defined in a concession agreement. In addition, the operator should compensate the port authority for a large number of incidents related to port operations and other events (see Box 42). Boats. It is also possible that the title to the property will be acquired directly by the dealer. Under a BOOT model, the parties agree to have the title on all assets that will be transferred to the government at the end of the concession. For many large terminal operators, the BOOT model is a preferred option. Productivity targets are generally designed in stages, taking into account the looming problems that a container terminal will face in the first few years of operation. As a general rule, two phases are defined for the purposes of the concession or lease agreement. Phase 1 forms the start-up phase, from the start of operations to a later date one to two years later.

During this period, the new management and staff will have the opportunity to structure operations, develop trade policies and train different categories of personnel. Phase 2 is the time when the terminal must operate with the utmost efficiency, professional management and a well-trained workforce. The following types of productivity targets can be included in the performance rules of concession agreements. DPR approved: the DPR approved by the Port Authority for the development of the various phases of the site, the approved form of which is signed by the parties to this agreement for identification and contains all the amendments of the DPR approved by the port authority in accordance with this agreement. An operator cannot be held responsible for the full achievement of performance objectives if unforeseen and uncontrollable events occur (force majeure). However, such events should not automatically excuse the dealer of his financial obligations that must be paid under a concession contract. The operator should be encouraged to receive insurance in order to cover as much as possible the risks of such events (see Box 34). Investments and capacity calculations are based primarily on traffic and throughput forecasts. In the case of a BOT agreement that requires significant dealer expenses, the port authority (or the national government) may commit not to license, promote or start another competing terminal (or terminal with more than one specified capacity) in a nearby port area.

If new capabilities were created unexpectedly, the viability of a project could be compromised.

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