Примеры использования Concessionaire's right на Английском языке и их переводы на Русский язык
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The laws of some countries generally acknowledge the concessionaire's right to enter into contracts as needed for the execution of the construction work.
The concessionaire's right to operate the facility and to provide the relevant service typically finishes upon expiry of the project term or termination of the project agreement.
The conditions for provision of those services andthe extent of exclusivity, if any, of the concessionaire's rights under the concession contract[see recommendation 5];
Various legal systems recognize the concessionaire's right to fair compensation for having to deliver the service under situations of hardship see paras. 126-130.
The Working Group reconsidered the question of the desirability of including a model provision dealing with the concessionaire's right to issue and enforce rules concerning the use of the infrastructure facility.
This provision sets forth the concessionaire's right to charge and collect tariffs or fees, which are the main, if not the sole source of income for the concessionaire. .
The main intangible asset in an infrastructure project is the concession itself, i.e. the concessionaire's right to operate the infrastructure or provide the relevant service.
Limitations on the concessionaire's right to withhold performance are typically intended to ensure the continuity of public services see chap. IV,“Construction and operation of infrastructure.
In order to clarify the indicative nature of the subparagraph, it was agreed that the words"in particular and as appropriate, the concessionaire's right to charge, receive, or collect" should be replaced with the words"whether consisting of.
The new text should make it clear that the concessionaire's right was to be"in accordance with the concession contract, which shall provide for methods and formulas for the establishment and adjustment of those tariffs or fees.
A redraft of subparagraph(b)was also suggested on the ground that the nature of the acts of other public authorities that might trigger the concessionaire's right to terminate the concession contract was unclear.
One view was that such differentiation was necessary, because the concessionaire's right to compensation would not arise in both cases, contrary to the implication to that effect that was underlying recommendations 6 and 7.
The cross-reference to subparagraphs(h) and(i) of draft model provision 28 in subparagraph(c)is intended to provide an indication of the nature of the acts of other public authorities that might trigger the concessionaire's right to terminate the concession contract.
Ms. Perales Viscasillas(Spain) proposed redrafting the beginning of the provision to read"The concessionaire's right to…", and replacing the words"in accordance with" in the third line with the phrase"shall be determined by.
Mr. Estrella Faria(Secretariat) said it could be seen from paragraph 129 of document A/CN.9/505 that the Working Group had decided not to include a specific model provision reflecting legislative recommendation 48, andthat the provision on financial arrangements should be limited to the concessionaire's right to collect tariffs and fees.
In response, it was noted that the Working Group, at its fourth session,had decided that a specific provision affirming the concessionaire's right to charge or collect fees for the use of the infrastructure facility was needed see A/CN.9/505, para. 129.
In either case, the nature of the concessionaire's rights should be clearly established, as this will directly affect the concessionaire's ability to create security interests in project assets for the purpose of raising financing for the project see paras. 54 and 55.
In countries where such a requirement would not be consistent with general principles of administrative law applicable to government contracts, it might be important to ensure, at least,that the contracting authority's right to terminate the project agreement should be without prejudice to the concessionaire's right to seek subsequent judicial review of the contracting authority's decision to terminate.
Moreover, some legal systems do not recognize the concessionaire's right to terminate the project agreement unilaterally, but only the right to request a third party, such as the competent court, to declare the termination of the project agreement.
The Working Group reconsidered the question of the desirability of including a model provision dealing with the concessionaire's right to issue and enforce rules concerning the use of the infrastructure facility, which the Working Group, at its fourth session, did not consider to be necessary see A/CN.9/505, para. 144.
Moreover, the Legislative Guide recognized that some legal systems did not recognize the concessionaire's right to terminate the project agreement unilaterally, but only the right to request a third party, such as the competent court, to declare the termination of the project agreement chap. V,"Duration, extension and termination of the project agreement", para. 28.
In countries where the lenders may obtain a security interest over the entirety of the concessionaire's rights and interests under the project agreement(see chap. IV,“The project agreement”,___), there may be an implied step-in right, whenever a particular situation constitutes an event of default under the loan agreements.
It was pointed out that in some legal systems a provision in the concession contract that limited the concessionaire's right to create security interests might not be sufficient to effectively prevent the creation of security interest in contravention of such a contractual provision, since the restriction by the concession contract might not be effective vis-à-vis third parties.
The remuneration of the concessionaire, in particular and as appropriate, the concessionaire's right to charge, receive or collect tariffs or fees for the use of the facility or the provision of services; the methods and formulas for the establishment or adjustment of those tariffs or fees; and any payments, if any, that may be made by the contracting authority or other public authority[see recommendations 46 and 48];
The securitized bondholders acquire thereby the right to the proceeds of the concessionaire's transactions with its customers.
The securitized bondholders thereby acquire the right to the proceeds of the concessionaire's transactions with its customers.
It should also be made clear that the model provision did not give the concessionaire the right to extend the contract.
The grantor shall grant the concessionaire the right to possess and use the road for operation thereof for the period of the agreement.
The concessionaire has the right to charge, receive or collect tariffs or fees for the use of the facility or the services it provides.
Mr. Valladão(Brazil) proposed the wording"The concessionaire will be given the right to.