(1) Does the agreement provide guarantees for the parent company? (It depends on the identity of the operator and its parent element.) 2. Is the parent company of the operator the ultimate parent company? 3. Does the parent company provide compensation or oblige the guarantors to take over and execute the agreement if the operator does not? (If this is the case, this may be unsatisfactory, as it may be necessary to identify the offence and invite the guarantors to the benefit). Do the guarantees provide for a formulation that the liability of the surety cannot be more engaged than the operator under the agreement? 4. 5. Is the form of the parent company in control of the authority, i.e. is the form of the parent company attached to the agreement or does it have to be approved by the Authority? (6) Does the agreement provide for performance obligations? Are they payable on request or if there is a proven delay? (7) Does the authority have to approve the identity of the issuer of the service obligations? Are the terms of the Authority`s obligations or authorisation subject to the agreement? (8) Do the terms of the parent company`s obligations or guarantees contain all the usual forms of protection that an authority would seek. For example, confirmation that the amendments to the underlying agreement do not ease the burden on guarantors or guarantors? (9) (if loans are involved), should guarantees and loans be granted to lenders and third parties that may be designated by lenders? Consider the checklist above as a contractual risk prevention tool for commercial service agreements. Remember, « An ounce of prevention is worth a pound of healing. » The normal approach in this area is to have an agreed budget.
The budget procedure should include the following provisions.A. Agreement on Budget 1. Requirement for the operator to establish a budget and obtain approval of that budget by the Authority. 2. There should be a dispute resolution procedure on the content of this budget. 3. The Authority should, if necessary, have the right to insist that certain items be excluded from the budget, subject to a clause of non-responsibility of the operator if such exclusion entails liability.B. The agreement may provide that, subject to a de minimis regime, the Authority permanently authorizes all expenses, even if they are budgeted.
It is also necessary to approve spending items beyond a specified level. If the budget is exceeded in one year without the authority`s approval, the threshold at which the Authority`s authorisation is required could be lowered. 2. There should be an obligation to identify differences and to account for the reasons for these discrepancies. 3. Budget revisions should be provided [monthly and quarterly]. 4. As a general rule, there are certain exceptions to the operator`s general obligation to respect the budget. B, for example: (a) the actions taken by the operator to minimize the effects or avoid emergencies; (b) expenses previously approved by the Authority; and/or c) the adaptations approved by the Authority; (d) increases of up to a certain ceiling per head of household (i.e. no total increase) (e) may be considered aghatos excluded from the operator.
C The consequences of not meeting the budget: if the budget is exceeded within a year, the agreement could have the following consequences: (a) an overspend of more than one imposed amount could be considered a substantial late payment entitling the termination of the operator`s order; (b) overstaying, in consecutive years or two years over a three-year period, could be considered a significant delay in terminating the operator`s designation; (c) the operator`s obligation to reimburse the authority for the additional costs; and/or (d) revision of the financial limits from which authority authorization is required.