The Project Support Agreement is a fundamental document used in Nigerian project finance and development initiatives where government support is essential for project viability. It is typically employed when implementing large-scale infrastructure, energy, or other development projects that require specific government backing or guarantees. The agreement becomes necessary when private investors or project developers need assurance of government support in areas such as permits, approvals, fiscal incentives, or other facilitating measures. Under Nigerian law, this agreement serves as a critical risk mitigation tool, providing comfort to project sponsors and lenders by documenting government commitments and support mechanisms. The document is particularly important in the context of public-private partnerships and foreign investment projects, where government support can significantly impact project bankability and success.
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1. Parties: Identifies the parties to the agreement, typically including the relevant government entity and the project company
2. Background: Sets out the context of the project and the purpose of the support agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Scope and Purpose: Outlines the specific scope of government support and the purpose of the agreement
5. Term and Effectiveness: Specifies the duration of the agreement and conditions for effectiveness
6. Government Support Obligations: Details the specific support, guarantees, and undertakings provided by the government
7. Project Company Obligations: Specifies the obligations and commitments of the project company
8. Representations and Warranties: Contains statements of fact and assurances from both parties
9. Force Majeure: Addresses unforeseeable circumstances that prevent parties from fulfilling obligations
10. Default and Termination: Specifies events of default and termination rights
11. Dispute Resolution: Details the mechanisms for resolving disputes between parties
12. Governing Law: Confirms Nigerian law as governing law and relevant jurisdiction
13. Miscellaneous Provisions: Includes standard boilerplate provisions such as notices, amendments, and assignments
1. Tax Provisions: Include when specific tax incentives or arrangements are part of government support
2. Foreign Exchange Provisions: Include when project involves foreign currency considerations or exchange rate protections
3. Environmental Compliance: Include when project has significant environmental impacts requiring specific government support
4. Local Content Requirements: Include when project must meet specific Nigerian content requirements
5. Step-in Rights: Include when lenders require right to take control of project in certain circumstances
6. Government Financial Support: Include when direct financial support or subsidies are provided
7. Change in Law Protection: Include when specific protections against regulatory changes are needed
8. Land Rights and Access: Include when government support includes land acquisition or access rights
1. Project Description: Detailed description of the project scope, specifications, and requirements
2. Government Support Measures: Detailed list and description of specific support measures and guarantees
3. Implementation Timeline: Project implementation schedule and key milestones
4. Performance Standards: Technical and operational performance requirements
5. Required Approvals and Permits: List of government approvals, permits, and licenses required
6. Form of Direct Agreement: Template agreement between government and project lenders if applicable
7. Financial Model Summary: Key financial projections and assumptions
8. Insurance Requirements: Required insurance coverage and terms
9. Form of Notices: Template forms for various notices under the agreement
10. Contact Details: List of key contacts and authorized representatives
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