Build Own Transfer Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Build Own Transfer Agreement

"I need a Build-Own-Transfer Agreement for a solar power plant project in Riyadh, Saudi Arabia, where a UAE-based developer will construct and operate the facility for 25 years before transferring it to the Saudi Electricity Company in March 2025."

Document background
The Build Own Transfer Agreement is a crucial document used in Saudi Arabian infrastructure development projects where a private entity is granted the right to finance, build, and operate a facility for a specified period before transferring it to the government. This agreement type aligns with Saudi Vision 2030's privatization objectives and is commonly used for major infrastructure projects including power plants, transportation facilities, and water treatment plants. The document comprehensively addresses construction standards, operational requirements, financial arrangements, and transfer conditions, all while ensuring compliance with Saudi laws including the Foreign Investment Law, Government Tenders and Procurement Law, and relevant sector-specific regulations. It's particularly important in the context of Saudi Arabia's growing public-private partnership framework and requires careful consideration of local content requirements and Islamic finance principles.
Suggested Sections

1. Parties: Identification of the contracting parties including the government entity and the project company

2. Background: Context of the project, authorization, and basis for the agreement

3. Definitions and Interpretation: Definitions of terms and principles of interpretation

4. Project Scope and Grant of Rights: Detailed description of the project and rights granted to the project company

5. Term and Timeline: Duration of the agreement including construction, operation, and transfer periods

6. Construction Obligations: Requirements and standards for the construction phase

7. Testing and Commissioning: Procedures for testing and accepting completed works

8. Operation and Maintenance: Standards and requirements for facility operation

9. Performance Security: Requirements for performance bonds and guarantees

10. Payment Provisions: Financial terms, tariffs, and payment mechanisms

11. Transfer Provisions: Requirements and procedures for transfer of the facility

12. Risk Allocation: Distribution of risks between parties

13. Force Majeure: Definition and consequences of force majeure events

14. Default and Termination: Events of default and termination procedures

15. Dispute Resolution: Procedures for resolving disputes

16. Governing Law: Confirmation of Saudi law as governing law and relevant jurisdictional provisions

Optional Sections

1. Islamic Finance Provisions: Required if project involves Islamic financing structures

2. Environmental Compliance: Detailed environmental obligations if project has significant environmental impact

3. Local Content Requirements: Detailed provisions for meeting Saudization and local content requirements if applicable

4. Technology Transfer: Provisions for technology transfer if required by the government entity

5. Third Party Agreements: Framework for agreements with third parties if relevant to project structure

6. Refinancing Provisions: Required if refinancing is contemplated during the project term

7. Step-in Rights: Rights of lenders or government to step in if project company defaults

Suggested Schedules

1. Technical Specifications: Detailed technical requirements for the facility

2. Construction Program: Detailed timeline and milestones for construction

3. Testing Procedures: Detailed procedures for testing and commissioning

4. Operation and Maintenance Requirements: Detailed O&M specifications and standards

5. Performance Standards: Specific performance requirements and metrics

6. Transfer Requirements: Detailed specifications for condition at transfer

7. Form of Performance Security: Template for performance bonds and guarantees

8. Insurance Requirements: Required insurance coverage details

9. Environmental Management Plan: Environmental compliance requirements and procedures

10. Local Content Plan: Details of Saudization and local content commitments

11. Forms of Certificates: Templates for various required certificates

12. Site Plan and Details: Maps and details of project site

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Infrastructure

Energy

Transportation

Water & Wastewater

Healthcare

Education

Telecommunications

Industrial Development

Smart Cities

Public Utilities

Relevant Teams

Legal

Finance

Project Management

Operations

Risk & Compliance

Technical

Construction

Commercial

Public Relations

Government Relations

Procurement

Business Development

Relevant Roles

Project Director

General Counsel

Chief Financial Officer

Contract Manager

Project Manager

Risk Manager

Technical Director

Operations Director

Compliance Officer

Investment Manager

Infrastructure Development Manager

Public-Private Partnership Director

Construction Manager

Legal Counsel

Finance Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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