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Correctly employing termination clauses when setting out contractual obligations should mean never needing to exercise them. SMi’s inaugural conference on Termination Clauses in PPP will look at how implementing termination clauses can safeguard project delivery.  It will offer an in-depth look into the role played by termination clauses in PPPs covering areas such as SoPC4 compliance, risk mitigation and project sustainability, as well as calculation of compensation on termination, re-tendering of PPPs after termination, and several other crucial aspects. Most importantly, we will feature a number of case studies of termination clauses governing specific PPP projects.

Recent terminations, such as the polemic Metronet PPP, have emphatically highlighted the importance of preparing for contingency.  By attending this conference you will acquire the necessary knowledge and skills to future-proof your PPP and secure your enterprise by establishing the right termination clauses.


  • Understand how termination clauses can safe guard your project
  • Learn about the benefits of well-structured PPP agreements
  • Identify the triggers for termination and how to avoid them
  • Hear about several case studies including the much talked about Metronet project
  • Prepare yourself for all contigencies

A unique opportunity to learn from leading industry experts including:
  • Norman Ballantyne, Project Director, 4ps
  • William Coley, Vice President, Senior Analyst, Moody’s Investors Service Ltd.
  • Daniel Hulls, Executive Director, CEPA
  • Jimmy McGuiness, PPP Project Manager, East Lothian Council
  • Phyllis Dunipace, Executive Director of Education, London Borough of Lambeth
  • Catherine Burke, Partner, Martineau Johnson
  • Andrew Brydon, Partner, Simmons & Simmons
  • Mark Sanderson, Partner, Walker Morris

Conference programme

8:30 Registration & Coffee

9:00 Chairman's Opening Remarks

9:10 Understanding Local Government Project Delivery

Norman Ballantyne

Norman Ballantyne, Project Director - Legal Services, 4Ps

  • Implementing termination clauses to safeguard project delivery
  • Contractual obligations between local Government and the private sector
  • Termination of contract - not necessarily a negative outcome
  • 9:50 Termination in PPP

    Andrew  Brydon

    Andrew Brydon, Associate, Simmons & Simmons

  • Termination for default
  • Rectification
  • Voluntary termination
  • Supervening events
  • Compensation on termination
  • Practical considerations
  • 10:30 Morning Coffee

    11:00 Termination clauses in PPP

    Catherine Burke

    Catherine Burke, Partner, Martineau Johnson Solicitors

  • The existing risk allocation
  • The current provisions for termination (upstream and down)
  • What are the consequences of termination
  • Can or should things be different?
  • 11:40 Findings of CEPA paper on the recent Metronet default

    Daniel Hulls

    Daniel Hulls, Executive Director, Cambridge Economic Policy Associates (CEPA)

  • How termination / default clauses of the contract have worked
  • What lessons can be learned?
  • How can these be applied to other PFI deals?
  • 12:20 Networking Lunch

    13:50 Termination clauses in the London Borough of Lambeth Schools PPP

    Phyllis Dunipace

    Phyllis Dunipace, Executive Director Of Childrens & Young Peoples Services, London Borough Of Lambeth

  • Building relationships
  • Focus on succesfull outcomes
  • Everyone's risk
  • Reputation management
  • Public sector responsibility
  • Delivering success
  • 14:30 Termination risk and exposure

    William Coley

    William Coley, Vice President – Senior Analyst, Moody's Investor Services Ltd

  • Loss given default case study - Metronet
  • Impact on the rating of a PFI/PPP Issuer
  • New Moody's methodologies for PFI/PPP Issuers
  • Understanding expected loss, probability of default and loss given default
  • Triggers, compensation and mitigants
  • Benefits of efficient structures
  • 15:10 Afternoon Tea

    15:40 Termination within the supply chain

    Mark Sanderson

    Mark Sanderson, Partner , Walker Morris

  • Flowing down the Project Agreement termination provisions into the subcontracts
  • Effect on the Project Agreement of termination of a key subcontract
  • Termination triggers
  • Calculating liability for termination at subcontract level
  • Liability caps
  • Consequences of termination
  •  

    16:20 Termination - in whose interest?

    Jimmy  McGuinnes

    Jimmy McGuinnes, PPP Project Manager, East Lothian Council

  • SPV's various drivers and options
  • Funder's various drivers and options
  • Authority's single drivers and options
  • A sensible outcome to the big equation
  • 17:00 Chairman’s Closing Remarks and Close of Day One

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    Workshops

    Termination and related issues in PPP/PFI
    Workshop

    Termination and related issues in PPP/PFI

    The Hatton, at etc. venues
    4th March 2008
    London, United Kingdom

    The Hatton, at etc. venues

    51/53 Hatton Garden
    London EC1N 8HN
    United Kingdom

    The Hatton, at etc. venues

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    WHAT IS CPD?

    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

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    Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

    CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

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