Valuation of Terminal Payment on Expiry where Residual Value Risk has been Transferred Sample Clauses

Valuation of Terminal Payment on Expiry where Residual Value Risk has been Transferred. (a) The two main options for determining amounts payable at the expiry of the Term in respect of Assets with an alternative use are:  the market value of the Assets in their existing use; and  an amount bid by PPP Co. when negotiating the original Project Agreement indexed through the duration of the Term. (b) The market value of the Assets is the more valid basis for a payment to be made at the end of the Term. If, however, there is a possibility of an extraordinary increase in market value during the duration of the Project and the Assets are critical to the Authority’s needs (i.e. the Service cannot be obtained without them) then a cap on the amount payable may be prudent (for example, to guard against excessively inflated property prices). (c) The mechanism for arriving at the market value must be specified in the Project Agreement to avoid a dispute over the valuation. The final amount will reflect the condition of the Assets.
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Related to Valuation of Terminal Payment on Expiry where Residual Value Risk has been Transferred

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