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 targuman

link 25.01.2008 22:32 
Subject: Material Adverse Governmental Action econ.
Пожалуйста, помогите перевести. Material Adverse Governmental Action

Выражение встречается в следующем контексте: Termination due to contractor's default or certain instances of Material Adverse Governmental Action

Заранее спасибо

 Yakov

link 25.01.2008 23:31 
Похоже на:
Существенные неблагоприятные действия правительства

Materially adverse government action

The definition of materially adverse government action includes any event or instrumentality under the control of the government that would adversely impact the economic balance of the project and thus interfere with the private parties' obligations under the various agreements. Examples of materially adverse government actions are: changes in relevant laws or regulations directed at and detrimental to the project (e.g., adverse changes in environmental and tax laws and regulations);
enhancing or establishing competing projects and
interruptions of construction or operation.

Certain exceptions may relate to national security, the national interest or public safety. The host government usually is requested to agree that, in case of a "materially adverse action," the host government will have to compensate the project company, directly or indirectly, and the lenders for the added cost to and losses of the project company and the lenders resulting therefrom, or the project company may have the right to terminate the project agreement with appropriate compensation paid.

The host government must preserve its political freedom in case of national security, national interest or public safety, but also has a strong interest in assuring the lenders and investors that it supports the project and will not act detrimentally to the economic welfare of the project.

The main interest of the project company is to receive an explicit undertaking from the host government to avoid any actions materially harmful to the project or at least to obtain a legal basis for receiving compensation for any actions that are materially harmful to the economic welfare of the project.

 

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