Act for Promotion of Private Participation in Infrastructure Projects Article 45

The applicant which is selected as the best applicant in accordance with the preceding article shall complete negotiations for the contract and the preparatory work, and sign the contract within the time limits given by the authority-in-charge, and construct the project and operate the infrastructure in accordance with the law.If the best applicant fails to complete negotiations for the contract, the preparatory work, and/or signing of the contract within the given time limits, the authority-in-charge may demand that the best applicant complete the above matters within a given time limit. If the best applicant still fails to do as demanded, the authority-in-charge may replace the best applicant with the second-best applicant who is also qualified for constructing the infrastructure, or announce again by a public notice to re-invite private participation in accordance with Article 42 hereof.Before the execution of the contract, if, out of consideration for policy change or public interests, the authority-in-charge does not want to proceed with the negotiation for or the execution of the contract, the authority-in-charge shall notify the best applicant thereof in writing and negotiate the compensation amount with the best applicant. The scope of compensation may cover the reasonable costs and expenses incurred by the best applicant for preparation for the application and in reliance on the selection results.If the negotiation for a compensation amount under the preceding paragraph fails to reach an agreement, a lawsuit may be initiated before the administrative court to claim payment.