The Build Own Transfer Agreement is a sophisticated legal instrument used in Australian infrastructure development projects where a private entity constructs and operates a facility before transferring it back to a government authority. This agreement type is particularly suited for large-scale infrastructure projects where public entities seek private sector expertise and financing while maintaining long-term public ownership. The document comprehensively addresses all project phases, including construction specifications, operational requirements, maintenance standards, and transfer conditions. It incorporates relevant Australian federal and state legislative requirements, including environmental protection, workplace safety, and public-private partnership frameworks. The agreement is structured to ensure compliance with Australian infrastructure development regulations while providing clear risk allocation between public and private parties.
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1. Parties: Identification of the contracting parties including the project company, government authority, and any guarantors
2. Background: Context of the project, purpose of the agreement, and brief overview of the BOT arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Project Scope and Grant of Rights: Detailed description of the project and rights granted to the project company
5. Construction Phase: Obligations, timelines, and requirements for the construction phase including permits, approvals, and quality standards
6. Testing and Commissioning: Procedures and requirements for testing and commissioning the facility
7. Operation and Maintenance: Requirements and standards for facility operation during the concession period
8. Transfer Provisions: Conditions and procedures for the transfer of the facility back to the government
9. Financial Arrangements: Payment terms, revenue sharing, financing obligations, and financial guarantees
10. Performance Security: Requirements for performance bonds and other security arrangements
11. Insurance: Required insurance coverage throughout all project phases
12. Force Majeure: Definition of force majeure events and consequences
13. Default and Termination: Events of default, remedies, and termination procedures
14. Dispute Resolution: Procedures for resolving disputes between parties
15. Governing Law and Jurisdiction: Applicable law and jurisdiction for the agreement
1. Government Support: Terms of government support or guarantees, included when specific government backing is provided
2. Environmental Compliance: Detailed environmental obligations, included for projects with significant environmental impact
3. Local Content Requirements: Local employment and procurement obligations, included when required by local regulations
4. Refinancing Provisions: Terms for project refinancing, included for projects with potential refinancing needs
5. Step-in Rights: Lender or government step-in procedures, included when project financing is involved
6. Technology Transfer: Terms for technology transfer to local entities, included when required by government policy
7. Social Impact Obligations: Community development and social responsibility requirements, included for projects with significant social impact
1. Technical Specifications: Detailed technical requirements and specifications for the facility
2. Construction Schedule: Detailed timeline for construction milestones and completion dates
3. Testing and Commissioning Procedures: Detailed procedures for facility testing and commissioning
4. Performance Standards: Specific performance requirements and metrics for facility operation
5. Transfer Plan: Detailed procedures and requirements for facility transfer
6. Forms of Bonds and Guarantees: Templates for required performance bonds and guarantees
7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
8. Environmental Management Plan: Detailed environmental protection and management procedures
9. Land Documents: Site maps, land rights, and related documentation
10. Financial Model: Base case financial model and assumptions
11. Operation and Maintenance Manual: Detailed procedures for facility operation and maintenance
Relevant legal definitions
Acceptance Certificate
Affiliates
Applicable Law
Approved Plans
Authority
Base Case Financial Model
Business Day
Change in Law
Commencement Date
Commercial Operation Date
Commissioning
Completion Certificate
Concession Period
Construction Documents
Construction Period
Construction Schedule
Construction Works
Contractor
Default Interest Rate
Defect
Defects Liability Period
Design Documents
Development Costs
Direct Agreement
Dispute
Environmental Laws
Environmental Management Plan
EPC Contract
Equity
Event of Default
Facility
Final Transfer Date
Financial Close
Financing Documents
Force Majeure Event
Good Industry Practice
Government Authority
Guaranteed Performance Levels
Independent Engineer
Insurance Policies
Intellectual Property Rights
Land
Lenders
License
Material Adverse Effect
O&M Contract
Operating Period
Operating Standards
Performance Security
Performance Tests
Permits
Project
Project Agreements
Project Assets
Project Company
Project Documents
Project Site
Punch List
Quality Assurance Plan
Reference Rate
Regulatory Approvals
Related Party
Required Insurances
Safety Standards
Schedule of Defects
Security Interest
Senior Debt
Shareholders
Site Access Date
Specifications
Step-in Rights
Subcontractor
Technical Specifications
Technology
Term
Termination Date
Testing
Transfer
Transfer Requirements
Warranty Period
Work Program
Affiliates
Applicable Law
Approved Plans
Authority
Base Case Financial Model
Business Day
Change in Law
Commencement Date
Commercial Operation Date
Commissioning
Completion Certificate
Concession Period
Construction Documents
Construction Period
Construction Schedule
Construction Works
Contractor
Default Interest Rate
Defect
Defects Liability Period
Design Documents
Development Costs
Direct Agreement
Dispute
Environmental Laws
Environmental Management Plan
EPC Contract
Equity
Event of Default
Facility
Final Transfer Date
Financial Close
Financing Documents
Force Majeure Event
Good Industry Practice
Government Authority
Guaranteed Performance Levels
Independent Engineer
Insurance Policies
Intellectual Property Rights
Land
Lenders
License
Material Adverse Effect
O&M Contract
Operating Period
Operating Standards
Performance Security
Performance Tests
Permits
Project
Project Agreements
Project Assets
Project Company
Project Documents
Project Site
Punch List
Quality Assurance Plan
Reference Rate
Regulatory Approvals
Related Party
Required Insurances
Safety Standards
Schedule of Defects
Security Interest
Senior Debt
Shareholders
Site Access Date
Specifications
Step-in Rights
Subcontractor
Technical Specifications
Technology
Term
Termination Date
Testing
Transfer
Transfer Requirements
Warranty Period
Work Program
Clauses
Interpretation
Conditions Precedent
Grant of Concession
Project Implementation
Construction Obligations
Design Obligations
Testing and Commissioning
Performance Security
Operation and Maintenance
Transfer Requirements
Payment Terms
Financial Covenants
Insurance
Force Majeure
Change in Law
Default and Termination
Step-in Rights
Assignment and Transfer
Dispute Resolution
Governing Law
Confidentiality
Intellectual Property
Environmental Compliance
Health and Safety
Labor and Employment
Subcontracting
Representations and Warranties
Indemnification
Limitation of Liability
Record Keeping
Reporting Requirements
Site Access
Quality Assurance
Performance Standards
Government Guarantees
Tax Obligations
Foreign Exchange
Local Content
Anti-corruption
Notices
Amendments
Waiver
Severability
Conditions Precedent
Grant of Concession
Project Implementation
Construction Obligations
Design Obligations
Testing and Commissioning
Performance Security
Operation and Maintenance
Transfer Requirements
Payment Terms
Financial Covenants
Insurance
Force Majeure
Change in Law
Default and Termination
Step-in Rights
Assignment and Transfer
Dispute Resolution
Governing Law
Confidentiality
Intellectual Property
Environmental Compliance
Health and Safety
Labor and Employment
Subcontracting
Representations and Warranties
Indemnification
Limitation of Liability
Record Keeping
Reporting Requirements
Site Access
Quality Assurance
Performance Standards
Government Guarantees
Tax Obligations
Foreign Exchange
Local Content
Anti-corruption
Notices
Amendments
Waiver
Severability
Relevant Industries
Infrastructure
Energy
Transportation
Utilities
Waste Management
Healthcare
Education
Telecommunications
Water and Sanitation
Public Facilities
Relevant Teams
Legal
Finance
Project Management
Operations
Risk Management
Commercial
Technical
Procurement
Environmental Compliance
Government Relations
Construction Management
Asset Management
Relevant Roles
Chief Executive Officer
Project Director
Legal Counsel
Chief Financial Officer
Construction Manager
Operations Director
Risk Manager
Commercial Director
Technical Director
Procurement Manager
Environmental Compliance Officer
Contract Manager
Infrastructure Development Manager
Public-Private Partnership Specialist
Asset Manager
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