(B) Payments made to the operator by the authority.
(C) Other sources of payment or revenue to the operator, if any.
(7) Financing obligations of the operator and the authority, including entering into agreements for the benefit of the financing parties.
(8) Apportionment of expenses between the operator and the authority.
(9) The rights and duties of the operator, the authority, and other state and local governmental entities with respect to use of the toll road project, including the state police department and other law enforcement and public safety agencies.
(10) Arbitration or other dispute resolution mechanisms or remedies for the settlement of claims and other disputes arising under the agreement.
(11) Payment of money to either party upon default or delay, or upon termination of the public-private agreement, with the payments to be used:
(A) in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, lost profits, or other amounts as provided in the agreement;
(B) to retire or refinance indebtedness related to the toll road project or the public-private agreement; or
(C) for any other purpose mutually agreeable to the operator and the authority.
(12) Indemnification of the operator by the authority under conditions specified in the agreement.
(13) Assignment, subcontracting, or other delegation of responsibilities of the operator or the authority under the agreement to third parties, including other private entities, the department, and other state agencies.
(14) Sale or lease to the operator of personal property related to the toll road project.
(15) Other lawful terms and conditions to which the operator and the authority mutually agree.
(b) A public-private agreement entered into after June 30, 2011, must include the provisions set forth in subsection (a).".
maintenance practices of the operator by the department or
another entity designated by the department or under the
public-private agreement, and the taking of the actions that the
department finds appropriate to ensure that the qualifying project
is properly maintained.
(6) Reimbursement to be paid to the department as set forth in the public-private agreement for services provided by the department.
(7) Filing of appropriate financial statements and reports as set forth in the public-private agreement or as otherwise in a form acceptable to the department on a periodic basis.
(8) Compensation or payments to the operator, attorneys, bankers, financial advisors, or other professionals. Compensation or payments may include one (1) or more of the following:
(A) A development fee, payable on a lump sum basis, progress payment basis, time and materials basis, or any other basis considered appropriate by the department.
(B) An operations fee, payable on a lump sum basis, time and material basis, periodic basis, or any other basis considered appropriate by the department.
(C) All or part of the revenues, if any, arising out of operation of the qualifying project.
(D) A maximum rate of return on investment or return on equity or a combination of the two (2).
(E) In kind services, materials, property, equipment, or other items.
(F) Compensation in the event of any termination.
(G) A cash payment to pay part of the project cost.
(H) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the department.
(9) Compensation or payments to the department, if any. Compensation or payments may include one (1) or more of the following:
(A) A concession payment, lease payment, or other fee, which may be payable in a lump sum, on a periodic basis, or on any other basis considered appropriate by the department.
(B) Sharing of revenues, if any, from the operation of the qualifying project.
(C) Payment for any services, materials, equipment, personnel, or other items provided by the department to the operator under the public-private agreement or in connection with the qualifying project.
(D) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the department.
(10) The date and terms of termination of the operator's authority
and duties under this article, and circumstances under which the
operator's authority and duties may be terminated before that date.
(11) Reversion of the qualifying project to the department at the termination or expiration of the public-private agreement.
(12) Rights and remedies of the department if the operator defaults or otherwise fails to comply with the terms of the public-private agreement.
However, a public-private agreement entered into after June 30, 2011, must include the provisions described in subdivisions (1) through (7) and (9) through (12).
(c) A public-private agreement may not provide that the state or the department is responsible for any debt incurred by an operator in connection with the delivery of a project.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 473 as printed April 8, 2011.)