2. Is the operator an important company? If not, will it be supported by adequate performance guarantees or will there be a minimum level of capital paid into the company? Is the operator a local or foreign company? If it is a foreign company, is there a way to ensure that it can be held accountable? (3) Is the funder an important undertaking? If not, should it be supported by a state or other guarantee? 4. Can the recipient delegate the responsibility proposed under the agreement? (5) Are there other legal impedasings to the status of the contract? (1) To what extent is force majeure defined? (Consider excluding reasonably foreseeable events by an experienced operator.) 2. Where the operation involves an entire network as opposed to a single facility, it is likely that a force majeure event will not result in a complete breakdown of the operation. However, force majeure clauses are often developed, which believe that the consequences will be a complete breakdown and do not address the circumstances in which the breakdown is partial. 3. Does the operator have the right to be exempt from liability in the event of a force majeure (e.g. B in case of increased costs? Does the operator still have to pay if he is unable to operate the facility? (4) Does the agreement provide for termination in the event of persistent force majeure? If so, by what length and by what option? 5. Do extended periods of force majeure be permanent or are cumulative periods also taken into account within a specified period of time? 1. Contracting parties must verify whether they are transferring or authorizing part of the contract to a third party and, if permitted, whether conditions apply to the assignee`s position and the place of registration of the assignee. Can the agreement be freely ceded by the Authority? 2.
If not, is it at least given as collateral to the lenders concerned? 3. Does the transfer of the agreement by the operator depend on the agreement of the Authority? Are rates at a reasonable level to cover operating, maintenance and pricing costs? If not, will there be tariff increases or subsidies? Even if the operator does not bear the risk of turnover, it will be a factor in determining the potential for public disturbances, etc.