Sec. 4. The public-private agreement must incorporate the duties of the operator under this article and may contain the other terms and conditions that the department determines serve the public purpose of this article. The public-private agreement may contain provisions under which the department or the authority agrees to provide notice of default and cure rights for the benefit of the operator and the persons or entities described in the public-private agreement that are providing financing for the qualifying project. The public-private agreement may contain any other lawful term or condition to which the operator and the department mutually agree, including provisions regarding change orders, dispute resolution, required upgrades to the qualifying project, tolling policies, changes and modifications to the qualifying project, unavoidable delays, or provisions for a loan or grant of public funds for the development or operation, or both, of one (1) or more qualifying projects.
As added by P.L.47-2006, SEC.40.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 15.7. Public-Private Partnerships
Chapter 5. Public-Private Agreements
8-15.7-5-1. Public-Private Agreement by Operator; Provisions of Agreement
8-15.7-5-1.5. Additional Required Provisions of Agreement
8-15.7-5-3. Grants or Loans for Qualifying Project
8-15.7-5-4. Additional Provisions of Public-Private Agreement
8-15.7-5-5. Distribution of Payments Received by Department Under Public-Private Agreement
8-15.7-5-6. Takeover of Qualifying Project Upon Termination of Public-Private Agreement
8-15.7-5-7. Amendment of Public-Private Agreement
8-15.7-5-8. Public-Private Agreement With Multiple Entities
8-15.7-5-9. Public-Private Agreement for Phases or Segments of Project
8-15.7-5-10. Memoranda of Understanding for Implementation of Public-Private Agreement