Independent auditor: General requirements and eligibility, procedure of
appointment, obligations of the auditor and payment of fees are specified in this
section.
Applicable law and dispute resolution: The applicable laws, methods of dispute
resolution to be used (conciliation, arbitration, etc.) and their procedure, obligations
and rights of the parties are specified in this section.
Change in law: The definition of meaning by change in law, assessment of effect on
concessionaire, compensation to concessionaire, obligation of concessionaire and
other related matters are covered in this section.
Liability and indemnity: Indemnity provided by the concessionaire to the
government, implementing agency, and other government agencies; and indemnity
provided by the implementing agency/government are covered in this section.
Representations and warranties, disclaimer: Representations and warranties of
the concessionaire and the implementing agency, obligations to notify any change to
the other party are covered in this section.
Contract compliance and management: This section outlines the establishment of
a contract management set-up including the line of communication between the
private party and the implementing agency, clear administrative procedures for
communication on different matters, data collection, compilation and reporting
requirements.
Redressal of public grievances: This section specifies how members of the public
can lodge complaints, maintaining a register of public complaints and how the private
party needs to address these complaints.
Miscellaneous: This section considers amendments to agreement, governing laws
and jurisdiction, waiver, counterparts, etc.
Schedules and annexes: Description of schedules on various items (I, II III, etc.) as
referred to in the main text is given in this section.
66 A Guidebook on Public-Private Partnership in Infrastructure
