Section 4, The Public Private Partnership Act, 2014

(1) A PPP Agreement shall provide for such matters asthe parties consider appropriate, and shall include– (a) the nature and scope of works to be performed and service levels to be provided by the private partner in a form of the output specification; (b) the conditions for provision of services and carrying out any works and the extent of exclusivity, if any, of the private partner's rights under the PPP Agreement; 8 9 Application. Public procurements, privatizations and exclusion or granting of mineral or petroleum rights. Contents of ments. Act No. 12 of 2009. Act No. 7 of 2001. Act No. 14 of 2014 Act No. 12 of 2002 (c) the assistance that a contracting authority must provide to the private partner in obtaining licences and permits to the extent necessary for the performance of the PPP (d) ownership, use, management and return of assets, if any, to a contracting authority, at the expiration of the PPP Agreement as provided under Section 6; (e) in the case of a PPP Agreement for infrastructure, procedures for the review and approval of engineering designs, construction plans and specifications by the contracting authority, if any, and the procedures for commissioning during testing and final inspection, approval and acceptance of the works performed under PPP (f) private partner performance measurement system, and the conditions and extent to which the contracting authority may order variations in respect of the works and conditions of service or take such other reasonable actions as they may find appropriate to ensure that PPP Agreement is properly implemented and the service level provided in accordance with the applicable legal and contractual requirements; (g) the extent of the private partner's obligation to provide the contracting authority, as appropriate, with reports and other information on its operations; (h) mechanisms to deal with additional costs and other consequences that might result from any order issued by the contracting authority, including any compensation to which the private partner might be entitled; (i) any rights of the contracting authority to review and approve major contracts or their material amendments to be entered into by the private partner, in particular with the private partner's own shareholders or other affiliated persons; (j) guarantees of performance to be provided and insurance policies to be maintained by the private partner in connection with the PPP Agreement (including reinstatement of the assets under the PPP Agreement following an insurance event); (k) remedies available in the event of default by either party; (l) the extent to which either party may be exempt from liability for failure or delay to comply with any obligation under the PPP Agreement owing to circumstances of force majeure; (m) the duration of the PPP Agreement and the rights and obligations of the parties upon its expiry or termination; (n) the manner for calculating compensation in case of termination of the PPP Agreement, as provided under section 22; (o) the governing law between the parties, as provided under section 5, is Sierra Leone law, with the option for the parties to adopt the dispute procedures of section 61 as a mechanisms for the settlement of disputes 10 11 after initial mediation supported by the PPP Unit and failing which the process following will be binding international arbitration, if applicable; (p) the rights and obligations of the parties with respect to confidential information; (q) the relevant financial terms and payment mechanisms; (r) the sharing of risks between the contracting authority and the private partner; (s) the payment to the private partner by way of compensation or of user levies collected by the private partner of the joint venture formed with contracting authority for a service provided by it as provided under section 9; and (t) such other information as may be indicated in the Agreement; (2) PPP Agreements may be subject to the review procedure every five years by the PPP Unit and the statutory sector utility regulator based on the overall performance, delivery of service level and fulfilment of parties' obligations as agreed by the parties and specified in the Agreement.