Often, the project sponsors will establish an independent legal entity to carry out the project, and with which the host Government will conclude a project agreement.

The host Government may have a legitimate interest in ensuring that the original project sponsors maintain their commitment to the project throughout its duration and that they will not be replaced by entities unknown to the host Government.

If any negative impact is considered significant by the project participants or the host Party, project participants have undertaken a socio economic impact assessment and or an environmental impact assessment in accordance with the procedures required by the host Party.

Should the host Government find that the construction project deviates from the specifications, the law sometimes expressly provides that the host Government will have the right to request modifications in the project, and clarifies that the host Government will not be liable for delays that result from the need to make such modifications.

Regional Project Managers Coordinators do not report through Resident Representatives in the countries that host their programmes.

Thus, the host Government might prefer to acquire and grant to the project company the necessary easements.

The issue of the exchange of information on intentions to host or to finance project(s) or a certain type of project(s) was also raised.

Whether or not the project company will be entitled to claim compensation from the host Government or whether the host Government will share some of the costs entailed by the suspension of the project are questions to which national laws provide different answers.

Some laws deal with the rights of the project company in the event the execution of the project is prevented by an act of the host Government.

So we imagine that we would actually potentially even host a bake sale to start our new project.

Finally, in a typical build operate transfer project, the host Government becomes the ultimate owner of the facility.

Often such land is provided by the host Government, but sometimes it is purchased by the project sponsors.

In cases where the project site is acquired by the host Government or the project company through expropriation, the question of easements might be dealt with in conjunction with the expropriation of the project site.

Other laws, in turn, with a view to encouraging private investment, authorize the host Government to share the project risks by contemplating some form of financial support by the host Government, in the form of guarantees or loans, without which the project might not materialize.

In some cases, in addition to setting a deadline for the review of the construction project by the host Government, the law may expressly limit the grounds on which the host Government may raise objections to the project and establish rules for solving disagreements.

The project company is normally liable for damages caused to the host Government, the users of the service or third parties which result from the project company s negligence.

It welcomed the offer of Kyrgyzstan to host the th session of the Project Working Group in March 2005.

The host Government usually requires the project company to assume full responsibility for the timely completion of the construction.

The business laws of the host country play a very important role in facilitating the implementation of the project.

The reasoning for acceptance by host and investor Party are that the AIJ component of the project is an add on to a project which was to be implemented anyhow.

The law applicable to the contracts entered into by the project company with entities other than the host Government varies.

The host Government normally identifies the project pursuant to its own policies for infrastructure development, establishes its specifications and conducts the process that leads to the selection of the project sponsors.

In those cases, it might be desirable to provide that the host Government will give written notice to the project company to meet pending conditions, prior to terminating the project agreement.

The expression project sponsors refers to the group of companies that submit a joint proposal or tender for the development of an infrastructure project and agree to carry it out jointly if awarded the project by the host Government.

It is suggested to discuss the expiry, extension and early termination of the project agreement, dealing first with the consequences of the expiry of the term of the project agreement and the transfer of the project to the host Government at the end of the project period.

Another type of financial support may be an assurance by the host Government of a minimum revenue to the project company.

Following approval of the construction project, the law often provides for continued monitoring by the host Government throughout the construction phase.

The law might for instance require that one member of the consortium be designated as responsible for the project vis à vis the host Government, while providing that all the remaining members of the consortium remain jointly and severally liable to the host Government for the execution of the project.

39. National professional project personnel are nationals of the host country, and expatriates who are residents of the host country and who are recruited in that country, performing duties of a professional or support nature.

Additionally, the host Government might be interested in creating employment opportunities for local workers, or gaining advanced technology related to the project.

The term procuring entity is used in the Guide to refer to the organ, agency or official within the host Government which is responsible for selecting the project sponsors and awarding the project.

By giving the project company alternative sources of revenue the host Government could make it possible for the project company to follow a policy of low or controlled prices for the main service.

180. It was observed that what the guide defined as the quot project agreement quot in practice often consisted of more than one separate agreement between the host Government and the project company.

The host Government might also be interested in ensuring that the statutes and by laws of the project company will adequately reflect the obligations assumed by the company in the project agreement, or that they will not hinder the execution of the project.

As used in the Guide, the words project agreement mean an agreement between the host Government and the private entity or entities selected by the host Government to carry out the project, and which sets forth the terms and conditions for the construction or modernization, operation and maintenance of a public infrastructure facility.

Remedies available to the host Government in the event of failure by the project company to meet those conditions may take different forms, including, for particularly important conditions, the termination of the project agreement.

Some national laws on privately financed infrastructure projects contain provisions on the law that applies to the project agreement between the host Government and the project company, often mandating the application of national law.

The host Government has a legitimate interest in ensuring that the project is properly executed and that the construction works meet the specifications.

The host Government in some cases may prefer to leave it for the project company to negotiate easements with the owners of property.

In some cases, the host Government undertakes not to provide public funding for parallel projects that might generate competition to the project company.

Another category of disputes which may be of concern for the host Government are the disputes between the project company and its customers.

With regard to services provided directly to the public, the host Government sometimes undertakes to subsidize the project company, in the event that officially approved tariffs fall below the level provided in the project agreement.

Disputes between the project company and foreign contractors, or between the host Government and the project company, are frequently of a commercial nature and it has often been agreed to subject those disputes to arbitration.

Besides commercial aspects, such as the level of revenue that the project is expected to generate, the legal security afforded to investments in the host country will play an important role in the decisions of prospective project sponsors to invest in a given project.

However, there might be instances where the host Government would wish to retain the possibility of engaging consortia for infrastructure projects, depending on the scale and nature of the project, or with a view to holding all project sponsors jointly liable for the entire project.