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As the COVID-19 pandemic continues to spread across the globe leaving in its wake an unprecedented level of disruption across industries and sectors, businesses and other relevant stakeholders in the infrastructure space are examining their deals and existing projects to ensure their commercial arrangements are not unintentionally compromised. This includes, among other things, engaging delivery teams to examine their delivery programs and/or supply chains to put in place methods to ensure upcoming obligations and deadlines are protected.

However, for projects which may be also funded by external third parties (for example, banks or through government support), parties will also need to pay attention to any further requirements that financiers have imposed within the related financing documents. It is important to be conscious of whether planned or unplanned breaches of underlying contractual arrangements (including suspension of work) may constitute a default event or a termination trigger under financing facility agreements and/or financier side deeds.

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

© 2020 KPMG, a Hong Kong partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.Printed in Hong Kong.The KPMG name and logo are registered trademarks or trademarks of KPMG International.

©2020 SF Lawyers, a Hong Kong law firm which provides legal services is in association with KPMG Law. They are separate legal entities. Neither SF Lawyers nor KPMG Law has any control over, or acts as an agent of, or assumes any liability for the acts or omissions of, the other. Both SF Lawyers and KPMG Law are member firms of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

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