The contract between Georgian government and White & Case reads as follows:
Scope of Work Mission A - Preparation of term sheets for amendments to the Investment Agreements
The Services shall include, but shall not be limited to:
- Preparation of term sheets for amendments to the Investment Agreement to be concluded with the Investor and Lenders after receiving request from the Agency to commence the works;
- Render consultations, give recommendations, provide opinions on legal issues;
- Attend discussions/meetings at the Agency if requested.
Mission B - Preparation/revision of amendments to the Investment Agreement
The Services shall include, but shall not be limited to:
- Drafting amendments to the Investment Agreement/revising amendments proposed by the Investor and Lenders after receiving request from the Agency to commence the works;
- Provide recommendations on main terms;
- List critical legal issues of the Investment Agreement;
- Provide feedback and clarification on questions, comments and concerns of the Agency related to amendments to the Investment Agreement;
- Render consultations, give recommendations. provide opinions.
Mission C - Assisting the Agency in negotiations related to amendments to the Investment Agreement with the Investor and Lenders
The Services shall include, but shall not be limited to:
- Assist the Agency in negotiations related to amendments to the Investment Agreement with the Investor and Lenders;
- Provide feedback of draft amendments provided by the Investor and Lenders;
- Assist in (or participate in) negotiations related to amendments to the Investment Agreement in line with the instructions of the Agency, acting in the best interests of the Government of Georgia;
- Make respective amendments and updates to the Investment Agreement as required;
- Attend discussions/meetings at the Agency if required;
- Assist in finalization of amendments to the Investment Agreement and closing of respective negotiations.
Optional Mission - Analysing the legal implications of the Investment Agreement’s termination by the State of Georgia
This optional mission (the Optional Mission) consists in the preparations and circulation to the client a comprehensive legal memorandum analyzing the legal implications of the Investment Agreement’s termination by the State of Georgia. The consultant shall provide initial draft of the above referred legal memorandum within twenty (20) working days from the receipt of the request from the client.
