Law library · Sierra Leone · The Public Private Partnership Act, 2014
Section 15, The Public Private Partnership Act, 2014
Status not yet checkedThe Public Private Partnership Act, 2014, Sierra Leone
(1) Without prejudice to section 14, a PPP Agreementshall set out the extent to which a private partner is entitled to a
revision of the PPP Agreement with a view to providing compensation
in the event that the costs of the private partner's performance of the
agreement have substantially increased or that the value the private
partner receives for such performance has substantially diminished
as compared with the costs and the value of performance originally
foreseen, as a result of -
(a) changes in economic or financial conditions
of such a nature and scale that they could
not be attributed to the management,
operation or other projects risks already
undertaken by the private partner under the
conditions of the PPP Agreement; or
(b) changes in legislation not specifically
applicable to the PPP Agreement; provided
that the economic, financial, or legislative
changes after the conclusion of the PPP
( i) are beyond the control of the private
partner; and
(ii) are of such a nature that the private
partner could not reasonably be
expected to have taken them into
account at the time the PPP Agreement
was negotiated or have avoided or
overcome their consequences.
(2) A PPP Agreement shall establish procedures for
revising the terms of the PPP Agreement following the occurrence of
the circumstances described in subsection (1).
(3) A PPP Agreement shall specify rights of the
contracting authority to make changes to the works or services which
private partner must perform under the PPP Agreement and any
compensation payable in such circumstances.
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