Performance Contract Sample

This document has been prepared for the purposes of the
PPP IN INFRASTRUCTURE RESOURCE CENTER FOR CONTRACTS, LAWS AND REGULATIONS (PPPIRC)
website. It is a sample document FOR REFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model".
The inclusion of any legal materials on the PPPIRC website does not mean that they are in any way approved,
endorsed or recommended by the World Bank Group or its affiliates. Legal advice should be sought to determine
whether a particular legal document is appropriate for any given project, and how the specific terms of the document
should be adapted to fit the circumstances of that project
PERFORMANCE CONTRACT
BETWEEN
THE GOVERNMENT OF [ ]
AND
[Power Company]
This PERFORMANCE CONTRACT ("this Contract") is made this [ ] day of [ ]
BETWEEN
THE GOVERNMENT OF [ ] ("Government") represented and acting through its
MINISTRY OF FINANCE ("MOF") AND MINISTRY OF ENERGY ("MOE") of the one part
AND
[ ] ("Power Company") of the other.
WHEREAS
The Government is a shareholder in the Power Company through [ ].
Power Company is a state corporation within the meaning of [LEGISLATION] and as such falls
within the official mandate of MOE.
AND WHEREAS
Government through MOF and MOE has agreed to enter into this contract with Power Company
so as to enable Power Company attain maximum performance consistent with its role and
objectives of generating electricity in [COUNTRY] at cost effective prices for sale to the
[UTILITY].
NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE 1: DEFINITIONS
Wherever used in this Contract, unless the context shall otherwise require the several terms used
herein shall have the following meanings:
1.1 "Government" means [ ]and includes the Ministry of Energy, the Ministry of Finance,
as well as other Ministries, and/or departments, either acting jointly or severally.
1.2 "Power Company" means [ ].
1.3 The "Board of Directors" means the Board of Directors of Power Company as duly
constituted under its registered Articles of Association in accordance with the relevant provisions
of the [COMPANIES LEGISLATION].
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