Employment Performance Contract Sample Template Page 12

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This document has been prepared for the purposes of the
PPP IN INFRASTRUCTURE RESOURCE CENTER FOR CONTRACTS, LAWS AND REGULATIONS (PPPIRC)
website. It is a sample document FOR REFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model".
The inclusion of any legal materials on the PPPIRC website does not mean that they are in any way approved,
endorsed or recommended by the World Bank Group or its affiliates. Legal advice should be sought to determine
whether a particular legal document is appropriate for any given project, and how the specific terms of the document
should be adapted to fit the circumstances of that project
i. enjoyment of commercial freedoms by Power Company as stipulated in
Article 6; and
ii. the fulfillment of Government obligations in accordance with the
provisions of Article 7;
(d)
comment on other matters relating to the performance and operation of the Contract
including but not limited to amendments to the Contract.
9.2.3
Within one month after receipt of the Power Company report, the MoE will prepare a
written response to the report:
(a)
rendering an opinion as to whether Power Company has or has not achieved the
performance as stipulated in Article 5;
(b)
responding to Power Company's comments on the extent to which the Government
has fulfilled its obligations; and
(c)
reacting to other issues relating to the Contract, including but not
limited to amendments to the Contract.
9.2.4
Power Company and MoE shall submit to the MoF a copy of each of the aforementioned
reports as specified in sub-articles 9.2.2 and 9.2.3. The MoF shall review these reports within one
month and submit to the MoE and the Power Company written comments regarding the
effectiveness by which both MoE and Power Company have implemented the Contract.
9.2.5
In the event that the report is acceptable to both MoE and MoF, then MoE will
immediately communicate such a finding to Power Company Board so that payment of bonus is
promptly effected.
9.2.6
In the event that the MoF establishes that the process for implementing this contract is
not working effectively, it may in consultation with MoE commission an independent auditor or
consultant to make recommendations for improvement in the implementation process. MoE may
also initiate a similar action in consultation with MoF.
Executed on this
day of [ ].
Signed _____________________
Date:
Power Company
Signed:_____________________
Date:
MoE
Countersigned: ___________________ Date:
Treasury
PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC)
Reviewed: Victoria R. Delmon, LEGPS
February 2008

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