Enforcement Rules of Act for Promotion of Private Participation in Infrastructure Projects Article 39

“Any other agreed matters” specified in Subparagraph 9, Article 11 of the Act may include any of the following items:1. A statement and commitment from both parties;2. The portion and procedure for acquisition and transfer of land and facility;3. Financial conditions;4. Payment of acquisition with compensation in accordance with Paragraph 1, Article 9-1 of the Act.5. The subsidization conditions under Article 29 of the Act;6. Performance bond; and7. When the continuation of the contract by the private institution will contradict the public interest due to change of government policy, the authority in charge may terminate or cancel a part or all of the contract and compensate the private institution for the losses arising therefrom.The financial conditions specified in Subparagraph 3 of the preceding paragraph may include items as the capital ratio requirement of the private institution during the specific term of the contract period, financing requirements and the time for submitting the financing agreement, financial inspection, and increase/decrease in paid-in capital during the operation period.The payment specified in Subparagraph 4 and the subsidization conditions specified in Subparagraph 5 of Paragraph 1 shall include the method, limit, adjustment mechanism, and measures for early termination of the concession agreement.