Public-Private Partnership (PPP) Agreement

اتفاقية شراكة بين القطاعين العام والخاص تُقدّم حماية شاملة لجميع الأطراف المعنية. مصاغة بلغة قا
AR EN
Party 1
Full name of the establishment:  
Commercial registration number:  
Tax identification number:  
Address of the headquarters:  
Name of the signing legal representative:  
Title of the representative (Manager/Authorized Signatory):  
Phone:  
Email:  
Party 2
Full name of the establishment:  
Commercial registration number:  
Tax identification number:  
Address of the headquarters:  
Name of the signing legal representative:  
Title of the representative (Manager/Authorized Signatory):  
Phone:  
Email:  

Article (1) Preamble and Definitions
1- This preamble and the attached annexes represent an integral part of this agreement and complement its provisions, and should be read as a unified whole.
2- "This agreement" refers to this contract and its annexes and any written amendments thereto; "the parties" refers to the parties identified in the attached contract template; "the party" refers to either of them; "the project" refers to the subject of cooperation specified in this agreement; and "the applicable law" refers to the governing laws and regulations.
3- The titles of the articles are for the sake of convenience only and shall not be relied upon for interpretation, and in case of ambiguity, the common intent of the parties and the nature of the dealings and the requirements of good faith shall be referred to.
4- The provisions of this agreement shall be interpreted in a manner that achieves its purpose and does not conflict with the applicable law.
Article (2) Eligibility of the Parties and Their Attributes
1- Each party acknowledges that it has full legal capacity and authority to enter into this agreement and to perform its obligations arising therefrom, and that the person signing on its behalf is duly authorized with a valid authorization.
2- Each party acknowledges that entering into and executing this agreement does not violate any law, license, or contractual obligation to which it is subject, and that the information and documents it has provided are accurate and complete.
3- Each party undertakes to obtain all necessary licenses and approvals to fulfill its obligations and to maintain their validity throughout the duration of this agreement.
Article (3) Subject and Scope of the Project
1- The two parties (the government entity and the private sector partner) agree to implement the following project:   based on their partnership under this agreement and the applicable law.
2- The scope of the project includes what is mutually agreed upon in terms of design, financing, construction, operation, maintenance, and transfer as per its nature.
Article (4) Duration and Effectiveness of this Agreement
1- This Agreement shall become effective from   and shall last for  .
2- This Agreement may be renewed or terminated in accordance with its provisions, and mere continuation of execution shall not constitute automatic renewal unless explicitly stated in writing.
Article (5) Obligations of the Government Entity and the Private Partner
1- The government entity is obligated to provide what it has committed to in terms of land, licenses, or facilitations, and the private partner is obligated to implement, finance, and operate the project with the agreed efficiency.
2- Both parties are obligated to execute the provisions of this article in good faith and in a manner that achieves its purpose without prejudice to the remaining provisions of this agreement.
Article (6) Financing, Yield, and Pricing Mechanism
1- The private partner shall bear the financing of the project and shall recover its investment and yield through the yield or tariff mechanism specified in:  .
2- The details of this shall be specified — as appropriate — in an annex that forms an integral part of this agreement.
Article (7) Risk Distribution Between the Parties
1- The project risks shall be distributed between the parties based on each party's ability to manage them, including construction, operation, demand risks, and legislative changes, as outlined in this agreement.
2- The parties shall cooperate to overcome any obstacles that may hinder the implementation of this article, in a manner that serves the project.
Article (8) Project Duration and Asset Transfer
1- The project shall continue for the agreed duration, and its assets shall be transferred to the government entity upon its completion in the condition and under the terms specified.
2- Both parties are obliged to execute the provisions of this article in good faith and in a manner that achieves its purpose without violating the other provisions of this agreement.
Article (9) Oversight, Performance Indicators, and Sanctions
1- The implementation of the project is subject to oversight by the governmental authority and agreed-upon performance indicators, and proportional sanctions shall be applied in cases of deficiency in accordance with this agreement.
2- The details shall be specified — if necessary — in an annex that constitutes an integral part of this agreement.
Article (10) Early Termination and Compensation
1. The agreement may be terminated early in the cases specified, with the settlement of rights and due compensations according to fair grounds as detailed in this agreement and the law.
2. The two parties shall cooperate to overcome any obstacles that may hinder the implementation of this article in a manner that serves the project.
Article (11) General Obligations of the Parties and Good Faith
1- The parties shall execute this agreement in good faith, exercising due diligence and mutual cooperation to achieve the project in the best possible manner.

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وصف مختصر

اتفاقية شراكة بين القطاعين العام والخاص تُقدّم حماية شاملة لجميع الأطراف المعنية. مصاغة بلغة قانونية دقيقة، وجاهزة للتخصيص والطباعة.

وصف تفصيلي

اتفاقية شراكة بين القطاعين العام والخاص شامل يغطي التمهيد والأهلية وموضوع التعاون والمدة والمساهمات والحوكمة والمقابل المالي والملكية الفكرية والسرية وحماية البيانات والمسؤولية والقوة القاهرة والإنهاء وتسوية المنازعات والأحكام العامة والملاحق.

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