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Concession Agreement

This Concession Agreement template outlines the terms and conditions under which a concessionaire is granted the right to operate and maintain a specific service or facility by a grantor. It is used when a government entity or private organization grants exclusive rights to another entity for a defined period.

Updated 15d ago
Concession AgreementTenderPublic-Private PartnershipInfrastructureService AgreementGrantSouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Concession Agreement

Concession Agreement

{{company_name}} {{company_address}} {{phone}} {{email}} {{website}}

CONCESSION AGREEMENT

This Concession Agreement ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}} ("Effective Date")

BETWEEN:

1. {{Grantor_Name}}, a legal entity duly established under the laws of {{Grantor_Jurisdiction}}, with its principal place of business at {{Grantor_Address}} (hereinafter referred to as the "Grantor");

AND

2. {{Concessionaire_Name}}, a legal entity duly established under the laws of {{Concessionaire_Jurisdiction}}, with its principal place of business at {{Concessionaire_Address}} (hereinafter referred to as the "Concessionaire").

(The Grantor and the Concessionaire are hereinafter individually referred to as "Party" and collectively as "Parties".)

1. DEFINITIONS AND INTERPRETATION

1.1. In this Agreement, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

"Concession Area" means the specific geographical area or facilities where the Concessionaire is authorized to operate, as more fully described in Schedule A.

"Concession Period" means the period commencing on the Effective Date and expiring on {{concession_end_date}}, or earlier termination in accordance with the provisions of this Agreement.

"Concession Services" means the services or operations to be provided by the Concessionaire as described in Schedule B.

"Fees" means the fees payable by the Concessionaire to the Grantor as stipulated in Clause 5.

2. GRANT OF CONCESSION

2.1. The Grantor hereby grants to the Concessionaire, and the Concessionaire hereby accepts, the exclusive right and license to provide the Concession Services within the Concession Area for the Concession Period, subject to the terms and conditions of this Agreement.

2.2. The Concessionaire acknowledges and agrees that it shall operate and manage the Concession Services in accordance with all applicable laws, regulations, and industry best practices.

3. OBLIGATIONS OF THE CONCESSIONAIRE

3.1. The Concessionaire shall diligently and efficiently perform the Concession Services in accordance with the standards set out in Schedule B.

3.2. The Concessionaire shall obtain and maintain all necessary permits, licenses, and approvals required for the operation of the Concession Services.

3.3. The Concessionaire shall be responsible for all costs and expenses related to the operation, maintenance, and development of the Concession Services, unless otherwise specified in this Agreement.

3.4. The Concessionaire shall submit regular reports to the Grantor on its performance, financial status, and compliance with the terms of this Agreement, as specified in Schedule C.

4. OBLIGATIONS OF THE GRANTOR

4.1. The Grantor shall provide the Concessionaire with access to the Concession Area as necessary for the performance of the Concession Services.

4.2. The Grantor shall cooperate with the Concessionaire in obtaining any necessary governmental approvals or permits, where reasonably required.

4.3. The Grantor shall not, during the Concession Period, grant any other entity the right to provide similar services within the Concession Area that would directly compete with the Concession Services, unless otherwise agreed.

5. FEES AND PAYMENT TERMS

5.1. In consideration for the rights granted herein, the Concessionaire shall pay the Grantor an initial concession fee of {{initial_concession_fee_amount}} ({{initial_concession_fee_currency}}) by {{initial_concession_fee_due_date}}.

5.2. In addition to the initial fee, the Concessionaire shall pay the Grantor a recurring fee of {{recurring_fee_amount}} ({{recurring_fee_currency}}) {{recurring_fee_frequency}} (e.g., monthly, quarterly, annually), due on the {{recurring_fee_due_day}} of each {{recurring_fee_period}}.

5.3. All payments shall be made in {{currency}} to the bank account specified by the Grantor.

6. TERM AND TERMINATION

6.1. This Agreement shall commence on the Effective Date and, unless terminated earlier in accordance with this Clause, shall continue for the Concession Period.

6.2. Either Party may terminate this Agreement by giving written notice to the other Party if the other Party commits a material breach of its obligations under this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice requiring it to do so.

6.3. The Grantor may terminate this Agreement immediately upon written notice if the Concessionaire becomes insolvent or enters into liquidation.

7. FORCE MAJEURE

7.1. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

7.2. The Party affected by force majeure shall promptly notify the other Party of the nature and extent of the force majeure event.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. This Agreement shall be governed by and construed in accordance with the laws of {{Governing_Law_Jurisdiction}}.

8.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by negotiation between the Parties.

8.3. If the dispute cannot be resolved amicably within {{negotiation_period_days}} days, it shall be referred to arbitration in accordance with the rules of the {{Arbitration_Body}}.

8.4. The seat of the arbitration shall be {{Arbitration_Seat}} and the language of the arbitration shall be English.

9. MISCELLANEOUS

9.1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral, relating to its subject matter.

9.2. Amendments: No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both Parties.

9.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.4. Notices: Any notice or communication required or permitted to be given under this Agreement shall be in writing and delivered to the address of the relevant Party set out in the preamble of this Agreement or to such other address as the Party may have specified by written notice.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date first written above.

GRANTOR:

By: _______________________________

Name: {{Grantor_Signatory_Name}}

Title: {{Grantor_Signatory_Title}}

CONCESSIONAIRE:

By: _______________________________

Name: {{Concessionaire_Signatory_Name}}

Title: {{Concessionaire_Signatory_Title}}

WITNESSES:

1. Name: __________________________

Signature: ______________________

Date: ___________________________

2. Name: __________________________

Signature: ______________________

Date: ___________________________

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