Build-Operate-Transfer (BOT) Model Framework Agreement
BUILD-OPERATE-TRANSFER (BOT) MODEL FRAMEWORK AGREEMENT
PARTIES
On one side, the Ministry of ……………………… (hereinafter “the Administration” ),
On the other side, ……………………… Inc. (hereinafter “the Contractor/Company” ).
ARTICLE 1 – SUBJECT OF THE AGREEMENT
This agreement is drawn up to determine the procedures and principles regarding the construction, operation for a specified period, and transfer of the infrastructure investment (e.g., highway, airport, port, dam, power plant) by the Contractor to the Administration free of charge at the end of the period.
ARTICLE 2 – CONTRACT DURATION
2.1. The contract period, including the construction period, is a total of ………… years.
2.2. Upon completion of the operating period, the facility will be transferred to the Administration free of charge, together with all its rights and obligations.
2.3. The period may be extended in case of force majeure or by written agreement of the parties.
ARTICLE 3 – INVESTMENT COST AND FINANCING
3.1. The investment cost will be entirely borne by the Contractor.
3.2. The Contractor may enter into loan agreements with domestic and foreign banks to secure financing.
3.3. The Administration does not undertake any commitment regarding the financing of the investment, but will ensure the issuance of the necessary administrative permits and licenses.
ARTICLE 4 – OPERATING REVENUES AND REMUNERATION
4.1. The contractor has the right to collect all revenues arising from the operation of the investment throughout the operating period.
4.2. Fee schedules are determined with the approval of the Administration.
4.3. The Administration has the right to reduce or adjust the fees in the public interest.
ARTICLE 5 – CONDITIONS OF THE ERA
5.1. At the end of the operating period, the investment will be transferred to the Administration in a well-maintained and operational condition.
5.2. During the transfer, the technical report, inventory list, and usage documents related to the facility will be submitted to the Administration.
5.3. The Contractor is responsible for all debts and obligations incurred up to the transfer.
ARTICLE 6 – OBLIGATIONS OF THE ADMINISTRATION
6.1. Issuance of relevant licenses and permits,
6.2. Allocation of the investment area to the Contractor,
6.3. Execution of expropriation procedures,
6.4. Provision of necessary support in matters concerning public order and security.
ARTICLE 7 – CONTRACTOR'S OBLIGATIONS
7.1. To construct and operate the facility in accordance with the project,
7.2. To carry out maintenance and repairs during the operation period,
7.3. To ensure the occupational health and safety of employees,
7.4. To maintain the facility in a manner consistent with its nature as a public service.
ARTICLE 8 – TERMINATION
8.1. In the event of a breach of obligations by either party, the other party may exercise its right to terminate the contract within 60 days by written notice.
8.2. In case of termination, the transfer of the investment shall be made to the Administration immediately.
8.3. Neither party shall be held liable in case of force majeure.
ARTICLE 9 – APPLICABLE LAW AND JURISDICTION
Turkish law shall apply to disputes arising from this agreement , and the Administrative Courts and the Council of State of ………………….. shall have jurisdiction
ADMINISTRATION CONTRACTOR/COMPANY
Name – Signature Name – Signature
YAĞMUR YORULMAZ, LAW FACULTY STUDENT