Where leases are granted by the holder for a term exceeding that of the partnership contract, the conditions for the purchaser to take over the lease must be the subject of an agreement between the purchaser, the holder, the lessee and, where applicable, the owner of the estate.
The holder of the partnership contract draws up an annual report to monitor its performance. This report is sent to the purchaser each year within forty-five days of the anniversary date of the signing of the contract.
The purchaser monitors the performance of the partnership contract. This control takes place, at the very least, during and at the end of each of the phases of performance of the tasks set out in the contract and gives rise to a report.
In the case of local authorities and their public establishments, the annual report drawn up by the contract holder referred to in article L. 2234-1 and the reports on the inspections carried out by the purchaser referred to in article L. 2234-2 are sent to the deliberative assembly or body and are the subject of a debate.
In the event of cancellation or termination of the contract by the court, following an action by a third party, the holder of the partnership contract may claim compensation for the expenses it has incurred in accordance with the contract, provided that they were useful to the purchaser.
The expenses referred to in Article L. 2235-1 include, where applicable, the costs associated with the financing put in place as part of the performance of the contract, including, where applicable, the costs to the contractor associated with the financing instruments and resulting from the early termination of the contract. The inclusion of financing costs is subject to mention, in the appendices to the partnership contract, of the main characteristics…
Where a clause in the partnership contract sets out the terms and conditions for compensating the contractor in the event of cancellation or termination of the contract by the court, it is deemed to be severable from the other provisions of the contract.
The parties may have recourse to arbitration for the settlement of disputes relating to the performance of the partnership contracts, with French law applying.
Subject to the provisions of article L. 2500-1, defence or security contracts defined in article L. 1113-1 are governed by the provisions of this book.
The provisions of Chapter I of Title I of Book I shall apply.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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