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Article L2213-1 of the French Public procurement code

The partnership contract includes the compulsory main tasks mentioned in the first paragraph of L. 1112-1 and, where applicable, all or some of the additional tasks mentioned in 1° to 3° of the same article. It also sets out the conditions under which the risks are shared between the purchaser and the contractor.

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Article L2213-3 of the French Public procurement code

Where the purchaser entrusts all or part of the design of the works to the contractor, the contract performance conditions must include the obligation to identify a project management team responsible for designing the works and monitoring their implementation. When the purchaser entrusts the contractor with only part of the design of the works, he may himself, by way of derogation from the obligation set out in article L. 2431-3,…

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Article L2213-6 of the French Public procurement code

The contribution made by the State, local authorities or other public bodies to the financing of investments may take the form of a minority shareholding in the capital of the licensee when the latter is set up as a company dedicated to carrying out the project. In this case, the articles of association of this project company specify the distribution of risks between the shareholders and the measures taken to…

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Article L2213-7 of the French Public procurement code

The partnership contract sets out the conditions under which the owner’s shareholding may be changed, if the owner is incorporated as a company dedicated to the project. In particular, it sets out the procedures for informing the purchaser and, where applicable, the procedures for sharing the capital gain on the sale of the shares.

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Article L2213-8 of the French Public procurement code

The contractor’s remuneration is paid by the purchaser as from the completion of the compulsory main tasks mentioned in the first paragraph of article L. 1112-1 and throughout the duration of the contract. This remuneration is linked to performance targets assigned to the contractor for each phase of the contract.

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Article L2213-10 of the French Public procurement code

Where the partnership contract involves the occupation of the public domain, it constitutes an authorisation to occupy this domain for its duration. Unless otherwise stipulated in the contract, the contractor has rights in rem over the works and equipment it builds. These rights confer on it the prerogatives and obligations of the owner, under the conditions and within the limits defined by the clauses of the contract designed to guarantee…

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