Employment Performance Contract Sample Template Page 2
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12This 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
1.4
The "Management Team", means the Managing Director, Deputy Managing
Director and all heads of divisions of the Power Company.
1.5
The "Corporate Plan" means the Power Company's three year rolling plan for meeting its
managerial, operational and financial objectives.
1.6
The "Capital Structure" means a financial base which incorporates the equity, retained
earnings and loans which would allow Power Company to meet its current and future objectives
as articulated in Article 4 of this Contract.
1.7
"Commercial Product" means any product which Power Company produces at a price
necessary for ensuring financial viability of the company.
1.8
"Performance Targets" means specific numerical indicators of Power Company's
managerial, operational and financial performance expressed and contained under Article 5 of
this Contract.
1.9
"Commercial Freedoms" means those changes to the current regime of decision making
between the Government and the Power Company which allow Power Company to independently
make decisions in its own best commercial interests.
ARTICLE 2: RESPONSIBILITIES OF THE PARTIES TO THIS PERFORMANCE
CONTRACT
2.1
GOVERNMENT
2.1.1
GOVERNMENT recognizes the necessity to exempt Power Company from the
provisions of [LEGISLATION] in order to achieve the purpose and objectives of this Contract.
The exemption presently granted to Power Company from the provisions of [LEGISLATION]
will thus remain in force for the duration of this Contract.
2.1.2
n signing this Contract, the Government hereby grants Power Company certain
commercial freedoms as defined in Article 6 of this Contract.
2.1.3
The MoE
The MOE as a signatory to this Contract shall undertake to honour its obligations wherein they
are specifically detailed in this Contract.
2.1.4
The MoF
The MOF as a signatory to this Contract shall undertake to honour its obligations wherein they
are specifically detailed in this Contract.
PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC)
Reviewed: Victoria R. Delmon, LEGPS
February 2008
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