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.
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.
The contract sets out the conditions under which income from ancillary activities or from the development of the estate by the licensee reduces the remuneration paid by the purchaser.
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…
The partnership contract sets out the conditions under which the works, equipment or intangible assets are made available to the purchaser. In particular, it guarantees that the works, equipment or intangible assets are assigned to the public service for which the purchaser is responsible and that the requirements of the public service are met.
The partnership contract may provide for the purchaser to exercise an option enabling it to acquire the facilities built under the contract before the term set by the occupation permit.
The partnership contract sets out the consequences of the early or early termination of the contract in terms of ownership of the works, equipment or intangible assets.
The partnership contract stipulates the minimum proportion of contract performance that the contractor undertakes to entrust to small and medium-sized enterprises or tradespeople. This minimum proportion is set in accordance with conditions laid down by regulation.
For partnership contracts concluded by the State and those of its public establishments, the launch of the partnership contract award procedure by the purchaser is subject to authorisation by the competent administrative authorities under conditions laid down by regulation.These provisions apply to partnership contracts concluded by the State on behalf of purchasers not authorised to conclude their own partnership contracts.
In the case of local authorities and their public bodies, the assessment of how the project is to be carried out, the budgetary sustainability study and the opinions on these are presented to the deliberative assembly or governing body, which decides on the principle of using a partnership contract.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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