Build Own Transfer Agreement

As with software, the management of the website is usually transferred to the customer after implementation. One of the reasons why service providers transfer the team to the client to help them maintain and improve the security of their websites and databases. However, the consequences of a longer event of force majeure during the term of the operation and maintenance contract may result in insoluble difficulty. In this case, the operator may not be able (even if it were willing to increase its financial commitment, which it is not normally) to fulfil its obligations in accordance with the performance standards set out in the agreement. This will have a direct impact on the off-hold agreement and affect the project`s ability to repay the financiers (perhaps irreparably). Stamp duty must normally be paid on the rent payable or, if higher, on the market rent of the property, which may be higher than the rent of the most usual peppered grains. However, in the case of infrastructure projects, site leases (or the collateral-off-take agreement) include an obligation for the lessee to build the infrastructure. This obligation could entail the payment of stamp duty on the significantly higher value of the property to be built. It is also possible that the sale of the infrastructure production will be treated as “rent”.

The answer is to decide whether the lump sum damages should be paid to the government authority in order to ensure that the offline agreement is not terminated, which keeps the project up and running, or is paid to the financiers to repay the debt…

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