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 people's republic of china with its principal office at___________(hereinafter 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, guarantee agreement, letter of guarantee, etc. shall constitute integral components of this agreement. the project's installed capacity is __________.
now therefore, the parties hereby agree as follows:
1. definition and interpretation
'project' means the planning, feasibility study, design and engineering, construction, 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.
'completion 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 of 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 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 people's republic of china and the government of the ___________.
'exclusive right' means the special power granted to c or new company in the 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 consideration of the site condition.