Citizen Media Watch

september 15th, 2021

Control Operation And Maintenance Agreement

Posted by lotta

(1) A contract often contains guarantees vis-à-vis each of the parties – these are statements that they are validly constituted, that have rights and powers to conclude the contracts, have not given rise to substantive disputes, etc. (2) If the Authority guarantees the information provided to the operator, this is what is set out here. (3) Guarantees are provided at a given time – and may be repeated at certain times – but it should be clarified whether the guarantees will be granted when the contract is signed – whether they will be renewed on the day of entry into force of the Treaty – and whether they must be repeated at another time. If there is no indication as to the date on which the guarantees will be given, they will probably be considered to be fulfilled at the time of conclusion of the contract. (4) Should the parties consider what will happen if the circumstances that made the guarantee erroneous change – should the party that gave the guarantee be required to inform the other of the change? (5) Guarantees should not be confused with insurance – the obligations of a party are to do something or to abstain. For example, the Authority may undertake not to conclude similar agreements in the field of services with a third party – these obligations are valid for the duration of the contract and are not granted from a given date, unlike guarantees. Confirm that changes to the underlying contract do not exempt the guarantor from liability? (9) (if it is a loan), are the guarantees and bonds transferred to the lenders and third parties designated by the lenders? (a) the un corrected infringement of the Authority (check that the agreement provides for prior notification and a time limit to remedy the infringement); (b) prolonged force majeure; (c) prolonged suspension; and (d) insolvency? The volume of services to be provided by the operator during the term of the contract depends on the nature of the facilities operated. In general, however, the services to be provided should fall into one or more of the following categories: (1) obligations to operate facilities, including links with potential suppliers and customers. 2. Obligations in the maintenance and repair of facilities. 3. Verification of facilities.

4. Personnel and training obligations. (5) reporting and registration obligations. It is also useful to include in the scope of the operator`s services an acceptance provision providing that the operator provides all other services reasonably necessary to ensure the safe, efficient and economical performance of the installations. . . .



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