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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Project Finance, BOT Projects and Risk

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ISBN13: 9789041123657
ISBN: 9041123652
New Edition ISBN: 9789041127143
Published: March 2005
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

Risk is the probability of an event occurring and the consequences of its occurrence. Where infrastructure is concerned, the event in question will generally have a negative effect on the project, either increasing cost, delaying completion, reducing performance, or possibly rendering the project itself impracticable. Where the construction and long-term management of infrastructure is at stake, risk becomes an overriding factor in project finance.

This remarkably insightful -and enormously useful- book examines how risk is managed in build-operate-transfer (BOT) projects. Jeffrey Delmon analyses the contractual structure that underlies a BOT project and how that structure allocates risk among the participants in the project. He details the various aspects of a BOT project that influence risk allocation, and reviews some of the key risk issues that arise in different industrial sectors such as power, transport, oil and gas, telecommunications, and water and sanitation, and how these sectors address risk in different ways.

For each of the agreements and procedures that characterize BOT project finance, Delmon skillfully explains the kinds of risk that must be allocated, including the following: development risk; completion risk; cost increase risk; performance risk; operation risk; market risk; political risk; environmental risk; and credit risk.

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Banking and Finance
1.Risk, Risk Asessment and Risk Allocation.
2. Traditional Theory of Risk Allocation.
3. Introduction to BOT projects.
4, Project Finance.
5.Project Bankability.
6. Allocation of Risk in Project Finance.
7. Project Participant Interface Risk.
8. Concession Agreement.
9. Shareholders' Agreement.
10. Construction Contract.
11. Splitting Turnkey Construction Contracts.
12. Operation and Maintenance Agreement.
13. Offtake Purchase Agreement
14. Input Supply Agreement.
15. Issues Common to the Project Documents
16. Tendering Procedures.
17. Power Projects.
18. Transportation.
19. Oil and Gas.
20. Telecommunications.
21. Water and Sanitation.
22. Outsourcing.