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1、AGREEMENT OF BOT PROJECT This Agreement is made and entered into by and between the government of_(hereinafter called B) represented by_(hereinafter called A) and _Corporation, a company duly organized and existing under the laws of the Peoples Republic of China with its principal office at_(hereina
2、fter called C). Whereas, A and C concluded the Memorandum Concerning _Project on the _and C had been given Exclusive Right from B to carry out investigation and implement _Project (hereinafter called the Project) by way of joint financing between C and B (so called BOT). Whereas, the loan agreement,
3、 guarantee agreement, letter of guarantee, etc. shall constitute integral components of this Agreement. The Projects installed capacity is _. Now therefore, the parties hereby agree as follows: 1. Definition and Interpretation Project means the planning, feasibility study, design and engineering, co
4、nstruction, equipping, completion, testing, commissioning and operation of the infrastructure project. Project Cost means the cost specified in Clause 3. Operation Period means the period specified in Clause 10.1 from the starting date of commercial operation of the infrastructure project. Completio
5、n Date means the day upon which C certifies that the infrastructure project has successfully completed its testing and can start Operation Period. Force Majeure shall have the meaning specified in Clause 16. Project Scope means the scope of supply and services of C in connection with the execution o
6、f the Project as described in Annex 2. Site means the site for the infrastructure project including _, special roads, and other areas for construction as specified in Annex 2. Transfer Date means the day following the last day of the Operation Period. New Company means the Company to be established
7、between C and _entity as specified in Clause 5. Investment Agreement means the Agreement on Mutual Encouragement and Protection of Investment between the Government of the Peoples Republic of China and the Government of the _. Exclusive Right means the special power granted to C or New Company in th
8、e Memorandum, Agreement and its annex. Day means the solar calendar day. 2. The Project 2.1 The Project shall be named as _. 2.2 The infrastructure project is intended to be located at _. The exact location of the infrastructure project may be adjusted at the stage of detailed design in consideratio
9、n of the site condition. 2.3 The Project shall be implemented on Building, Operation and Transfer Basis. 2.4 The Project shall be composed of _, _, _, the details of which shall be as attached Annex 2 - Scope of the Project. 2.5 The final feasibility study report and detailed design after acceptance
10、 of B and C shall form basis for the development and completion of the Project. 3. The Project Cost 3.1 The project cost is $_, interest of the construction period is $_, the total project cost is $_, and the details of which are shown in Annex 3 - Project Cost. 3.2 The total project cost shall comp
11、rise but not limited to the following costs and the details of the project cost shall be as attached Annex 3 - Project Cost: 1) Cost for feasibility study, design and engineering and other consulting services; 2) Cost for construction and installation; 3) Cost for purchasing equipment and materials;
12、 4) Cost for administration including overseas expenses; 5) Overhead and miscellaneous expenses; 6) Contingencies; 7) Interest during the construction period (_% per annum plus bank commission); 8) Premium for construction insurance and export credit insurance. 3.3 The Project Cost shall be based on
13、 the feasibility study report and in case of a substantial variation in investment arising from geologic reasons, the additional part to the Project Cost shall be approved by B. An additional investment agreement or contract should be concluded between B and C. 4. Responsibilities for Project Execut
14、ion 4.1 C shall be responsible for the following provided that if and after New Company is established, responsibilities shall be transferred to New Company and be shared by the members of New Company: 1) the design and engineering, procurement, construction and commissioning of the Project; 2) all
15、costs in connection with the building of the infrastructure project and the arrangement of all necessary funding; 3) operation of the infrastructure project; 4) transfer of the infrastructure project to B on the Transfer Date; 4.2 B shall be responsible for: 1) the arrangement of: the provision of all necessary development approvals, permits, consents, site leases, access and other rights for C or New Company together with the fulfillment of essential requirements such as company registration, import license and exemption of customs duties and the like; the provision of a
