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Colombo Port – East Container Terminal
A unique opportunity to invest in one of the largest
transshipment hubs in Asia
April 2016
SLPA
Colombo Port – East Container Terminal
Project Brief for the opportunity to Design, Build, Finance, Operate, and Maintain a strategically important
Container Terminal in Sri Lanka
THE EAST CONTAINER TERMINAL (ECT) IS AN ESSENTIAL PILLAR OF THE SRI LANKA PORT
AUTHORITY’S (SLPA) PLAN TO EXPAND DEEP WATER OPERATIONS OF THE COLOMBO PORT. IT
WILL MAINTAIN COLOMBO PORT’S STRATEGIC POSITION AS A KEY TRANS-SHIPMENT HUB FOR
GLOBAL AND REGIONAL TRADE.
ECT=East Container Terminal; JCT=Jaya Container Terminal (owned and operated
by SLPA); QEQ (SAGT)=Queen Elizabeth Quay (operated by South Asia Gateway
Terminal Ltd); SCT (CICT)=South Container Terminal (operated by Colombo
International Container Terminals Ltd)
SLPA has developed a 600 meter quay wall with 440m berthing facility. A compelling opportunity exists
for leading consortia to:
 Provide a competitive port facility to Sri Lanka with deep water berth (18.0 – 20.0m) and add capacity of
2.4 million twenty-foot equivalent unit (TEU)
 Improve the port’s value proposition to global shipping lines and increase its market share in the global
transshipment market
 Develop the remaining 760m of deep water berth and the rest of the terminal
 Manage and operate the whole terminal
SRI LANKA
The Democratic Socialist Republic of Sri Lanka is an island country in South Asia neighboring south-east India
and strategically located on the key east–west trade routes between Middle East, Africa, and Southeast Asia. It
has a total area of approximately 65,000 km2
and over 20 million people. Sri Lanka has maritime borders with
India to the northwest and the Maldives to the southwest. Due to its geographic location, Colombo Port has
developed into a key container hub in South Asia.
The International Monetary Fund has indicated that Sri Lanka's GDP in terms of purchasing power parity is
second only to the Maldives in the South Asian region. Since the country’s civil conflict ended in May 2009, Sri
Lanka has recorded strong economic growth. In addition, Sri Lanka is now focusing on addressing long-term
strategic and structural development challenges as it strives to transition to an upper middle income country.
Sri Lanka plans to transition from an economy based upon tourism, tea export, textile, and other agricultural
industry to that with more emphasis on trade. As part of Sri Lanka’s structural economic transformation,
employment in primary agriculture will likely continue to decline from its present share of 30% of the labor force
as other sectors of higher productivity absorb surplus labor.
Sri Lanka is a unitary state with a democratic form of governance. The executive arm represented by the
President and the legislative arm represented by the Parliament are elected on a five-year term. With the
election of current President in January 2015, followed by Parliamentary elections in August, a multi party
government with consensual governance has taken office.
The new government recognizes public-private partnership (PPP) as a key method to procure and develop
infrastructure and achieve further economic growth. The development of ECT will help the Sri Lankan
government’s efforts to meet their objectives in infrastructure development.
COLOMBO PORT
Colombo Port is a rapidly growing maritime hub of the South Asia Region. Cargo originating from and destined
to Europe, East and South Asia, the Persian Gulf, and East Africa is conveniently and efficiently connected
through the Colombo Port.
The Colombo Port is primarily a container port. In 2015, it handled about 5.1 million TEU of containerized cargo.
The original port had a harbor area of 184 hectares. In 2008, the South Harbor area (285 hectares) was
developed to accommodate deep water berths and the latest generation of mainline vessels. The harbor is
served by a two-way channel with an initial depth of 20m and a width of 570m.
In addition to the container terminals in the original port area, SLPA planned to develop three terminals (each
having capacity of 2.4 million TEU) in the South Harbor, the first of which was built and in operation on a build-
operate-transfer (BOT) basis by Colombo International Container Terminals Limited (CICT), a joint venture
company of China Merchants Holding (International) Co. Ltd and SLPA
OVERVIEW OF THE PROJECT: EAST CONTAINER TERMINAL
ECT will be the second terminal in the South Harbor. To attract a larger share of growing transshipment cargo
volumes in the region, SLPA has developed a 600 meter quay wall with berthing facility for 440 meter stretch
supported by a 125 meter wide wharf with all the furniture for installation of STS cranes and built suitably for
efficient ship to shore transfer operations. Additionally, a 18 hectare yard including 2,400 TEU ground slots has
been designed and built to meet industry standard for Electric Rubber Tired Gantry (bus bar connectivity) suitable
for operation with provision of equipment. Further, in and out gate complex has been built with weighbridges and
other related accessories with the road connectivity for smooth cargo operation. The facilities for power supply,
water supply, and fire protection have also been developed.
Meanwhile, SLPA is proceeding with the procurement of machinery for the existing berth. 4 Nos of 65T Ship to
Shore (STS) twin lift cranes with a 30m rail span, 70m outreach with a clear height of 50m from rail to spreader,
and 12 Nos of Electric Rubber Tired Gantry (ERTG) cranes to handle yard containers with a span of 23.47 m will
be procured and installed on the initial development part of the ECT.
The terminal will have 1,200m of linear quay wall with reclamation behind for the container yard, terminal
buildings and other facilities. Based on the estimation of SLPA, development of the entire terminal is expected to
cost approximately US$ 500 million.
The transaction is structured based on the following parameters:
 A 35 year BOT based concession for the development of the ECT will be granted by SLPA
 Concessionaire will operate and maintain the existing 440 m berth, and design, build, finance, maintain,
and operate the additional 760 m berth and yard (total 1,200 m) and transfer the entire terminal at the
end of the term of the concession
 Concessionaire will collect fees for terminal services
 SLPA will collect throughput based royalty payments based on a minimum guaranteed throughput
committed by the concessionaire, and land lease
 SLPA requires an upfront payment, quantum of which would be indicated during the RFP stage.
 SLPA will retain ownership of the port and provide the users of the ECT with port services on a payment
based on port tariffs set by SLPA
 Private operating entity will be fully independent from SLPA, with SLPA retaining 51% of the project
company
 The tender process will be based on pre-determined and objective criteria, as well as final concession
terms and conditions
Bidding consortia could comprise the following:
 International as well as local partners;
 At least one leading shipping line to commit a minimum throughput volume;
 Port operators; and/or
 Equity providers and strategic investors.
INVESTMENT OPPORTUNITY
The Project has numerous benefits for a concessionaire.
Strong historical traffic demand for Colombo Port
 Traffic for Colombo Port has grown at over 8% CAGR over last 20 years. Traffic growth has historically
shown resilience to economic cycles and downturns.
 This traffic increase is anticipated to be driven by the rapid growth of container volumes in South Asia
with the Colombo Port providing high productivity for transshipment container cargo within the region.
0
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2015
T9Us(millions)
JCT SAGT CICT Total (Port of Colombo)
Annual Container Throughput (1997 - 2015)
CICT=Colombo International Container Terminals Ltd.; JCT=Jaya Container Terminal; SAGT=South Asia
Gateway Terminal Ltd.
Source: SLPA
Colombo Port is an established transshipment hub
 Over 70% of Colombo Port’s traffic over the last 6 years has been that from transshipment cargo.
0
1
2
3
4
5
2009 2010 2011 2012 2013 2014 2015
TEUs(millions)
Re-Stowing Domestic Transhipment Total
Container Traffic Type for Colombo Port
Source: SLPA
Colombo Port and ECT are projected to continue their steady traffic growth
 Traffic for Colombo Port is expected to reach 10 million TEU by 2023. Since 2004, the South
Asian container market has grown by an average 12% per annum. South Asian gateway traffic
transshipped through the Colombo Port is well above 10% over the same period.
 The ECT will capture continued shipping trend of vessel size becoming bigger in the South Asian
market by providing deep water berth (18.0m-20.0m). An efficient port operator in a strategic
alliance with a major shipping line will be able to divert transshipment traffic elsewhere from South
and South East Asia to Colombo, maintaining Colombo’s overall position as a transshipment hub.
TEUs(millions)
CICT=Colombo International Container Terminals Ltd.; ECT=East Container Terminal;
SAGT=South Asia Gateway Terminal Ltd.; SLPA=Sri Lanka Port Authority; WCT=West
Container Terminal.
Source: SLPA
Deep water basin is lucrative for attracting large, next generation cargo vessels
 With increased use of larger vessels in the South Asian transshipment market, development of
additional deep water berths is urgently needed to retain Colombo Port’s competitive position.
 Today there are only 3 deep water berths (all at CICT); more are needed to meet the urgent demand
from ultra large container ships and very large container ships wanting to call on Colombo Port.
Opportunity for early revenue generation from the existing 440m berth
 As SLPA has already completed the first deep water berth of 440m length at ECT, any
prospective investor who would p a r t n e r with SLPA would reap the benefit of being able to
operationalize the existing berth and generating revenue almost immediately while undertaking further
development of the ECT.
SLPA has track record as operator and experience with PPP model
 SLPA, as a grantor and a potential equity holder, has drawn from experience in implementing
infrastructure and operating terminals in the Colombo Port
 To enhance its efficiency, PPP was adopted for the South Asia Gateway terminal and South Container
Terminal in the Colombo Port, and has become successful models for container terminal procured under
a PPP arrangement.
Strong multilateral support for the project
 ADB, as a transaction advisor, has been working with SLPA with a view to bring a bankable structure to
the market.
 Over many years, ADB has been successfully advising various client governments in achieving a
successful PPP outcome for a number of infrastructure projects.
 ADB has been closely involved in Colombo Port in several aspects of the project’s implementation,
supporting the previous terminal expansion projects with sovereign debt, non-sovereign debt, and equity
on multiple occasions. ADB brings significant expertise and experience on advising SLPA to structure
this project based on its knowledge from previous engagement in this port and other infrastructure
projects.
SELECTION PROCESS & TIMELINE
In accordance with the policies of the Government of Sri Lanka and the Transaction Advisor, the selection
process will be conducted on an open and competitive bidding method reflecting transparency in decisions at all
stages of selection. There will be a process of consultation on all transaction documents with prospective
bidders and a minimum of 30 days time period will be afforded after the last revision and issuance of final and
binding documents.
2Q 2016 Commencement of the bidding process
3Q 2016 Issuance of Request for Proposals and draft Concession Agreement
4Q 2016 Bid Submission
1Q 2017 Announcement of the preferred bidder
CONTACT DETAILS
For any queries regarding the project please contact via email:
Srinivas Sampath / Pratish Halady / Chaorin Shim
Office of Public–Private Partnership
Asian Development Bank
Email: colombo_ect@adb.org
Susantha Abeysiriwardena / Mrs. F. M. Hussain
Chief Engineer, Planning and Development
Sri Lanka Port Authority
Email: cepd@slpa.lk
IMPORTANT NOTICE AND DISCLAIMER
This document has been prepared by ADB in conjunction with SLPA strictly for information purposes only and has no binding force. It is intended to assist prospective
bidders and investors in their preliminary evaluation of the opportunity to participate in the Colombo Port East Container Terminal, but is not intended to provide a basis
for any decision to participate or invest.
The information contained in this document is by its nature selective and indicative, and is not intended to be complete. Each prospective bidder and investor is
expected to make its own independent investigation and to obtain such independent advice as it may deem necessary or desirable in order to assess the opportunity
without reliance upon the information contained in this document, or to SLPA or ADB. The information contained in this document is subject to change without notice.
None of SLPA or ADB bears any responsibility or duty of care to update, supplement or revise this document if any of the information on which it is based changes or is
found to be inaccurate.
This document has been issued for use by selected recipients and their advisors only and is confidential. It may not be reproduced or distributed in whole or in part, or
disclosed to third parties, without the prior written consent of ADB.
Nothing in this document is intended to constitute or create (i) an offer capable of acceptance or the basis of any contract or award that may be concluded in relation to
the project, (ii) a legally binding relationship between any prospective bidder, investor or other recipient of this document (on the one hand) and SLPA or ADB, or (iii) any
other duty or obligation enforceable by any prospective bidder, investor or other recipient of this document against SLPA or ADB. Nothing in this document is, or may be
relied upon as, a promise, undertaking or representation as to the future performance or policies of the project, or should be considered as a recommendation by SLPA
or ADB to participate in the opportunity or project.
No undertakings, representations, or warranties (whether express or implied) are given or made by SLPA or ADB (or their respective members, affiliates, advisors,
employees or agents) in relation to this document or the information contained in it. No person has been authorised to give or make any undertakings, representations,
or warranties in any written or oral communications with respect to the opportunity or project and, if given or made, such undertakings, representations or warranties
must not be relied upon.
SLPA and ADB (and their respective members, affiliates, advisors, employees or agents) shall have no liability for (i) any of the information contained in this document
(including, without limitation, any errors or omissions), or for any written or oral communications made in the course of any interested bidder’s or investor’s assessment
of the opportunity and project or (ii) any damages, losses (including, without limitation, direct or consequential losses), costs or expenses suffered or incurred by any
prospective bidder, investor or other recipient of this document in acting on any of the information contained in this document, or otherwise in connection with the
opportunity or project.

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Colombo Port East Container Terminal - Market Awareness Brochure

  • 1. Colombo Port – East Container Terminal A unique opportunity to invest in one of the largest transshipment hubs in Asia April 2016 SLPA
  • 2. Colombo Port – East Container Terminal Project Brief for the opportunity to Design, Build, Finance, Operate, and Maintain a strategically important Container Terminal in Sri Lanka THE EAST CONTAINER TERMINAL (ECT) IS AN ESSENTIAL PILLAR OF THE SRI LANKA PORT AUTHORITY’S (SLPA) PLAN TO EXPAND DEEP WATER OPERATIONS OF THE COLOMBO PORT. IT WILL MAINTAIN COLOMBO PORT’S STRATEGIC POSITION AS A KEY TRANS-SHIPMENT HUB FOR GLOBAL AND REGIONAL TRADE. ECT=East Container Terminal; JCT=Jaya Container Terminal (owned and operated by SLPA); QEQ (SAGT)=Queen Elizabeth Quay (operated by South Asia Gateway Terminal Ltd); SCT (CICT)=South Container Terminal (operated by Colombo International Container Terminals Ltd) SLPA has developed a 600 meter quay wall with 440m berthing facility. A compelling opportunity exists for leading consortia to:  Provide a competitive port facility to Sri Lanka with deep water berth (18.0 – 20.0m) and add capacity of 2.4 million twenty-foot equivalent unit (TEU)  Improve the port’s value proposition to global shipping lines and increase its market share in the global transshipment market  Develop the remaining 760m of deep water berth and the rest of the terminal  Manage and operate the whole terminal
  • 3. SRI LANKA The Democratic Socialist Republic of Sri Lanka is an island country in South Asia neighboring south-east India and strategically located on the key east–west trade routes between Middle East, Africa, and Southeast Asia. It has a total area of approximately 65,000 km2 and over 20 million people. Sri Lanka has maritime borders with India to the northwest and the Maldives to the southwest. Due to its geographic location, Colombo Port has developed into a key container hub in South Asia. The International Monetary Fund has indicated that Sri Lanka's GDP in terms of purchasing power parity is second only to the Maldives in the South Asian region. Since the country’s civil conflict ended in May 2009, Sri Lanka has recorded strong economic growth. In addition, Sri Lanka is now focusing on addressing long-term strategic and structural development challenges as it strives to transition to an upper middle income country. Sri Lanka plans to transition from an economy based upon tourism, tea export, textile, and other agricultural industry to that with more emphasis on trade. As part of Sri Lanka’s structural economic transformation, employment in primary agriculture will likely continue to decline from its present share of 30% of the labor force as other sectors of higher productivity absorb surplus labor. Sri Lanka is a unitary state with a democratic form of governance. The executive arm represented by the President and the legislative arm represented by the Parliament are elected on a five-year term. With the election of current President in January 2015, followed by Parliamentary elections in August, a multi party government with consensual governance has taken office. The new government recognizes public-private partnership (PPP) as a key method to procure and develop infrastructure and achieve further economic growth. The development of ECT will help the Sri Lankan government’s efforts to meet their objectives in infrastructure development. COLOMBO PORT Colombo Port is a rapidly growing maritime hub of the South Asia Region. Cargo originating from and destined to Europe, East and South Asia, the Persian Gulf, and East Africa is conveniently and efficiently connected through the Colombo Port. The Colombo Port is primarily a container port. In 2015, it handled about 5.1 million TEU of containerized cargo. The original port had a harbor area of 184 hectares. In 2008, the South Harbor area (285 hectares) was developed to accommodate deep water berths and the latest generation of mainline vessels. The harbor is served by a two-way channel with an initial depth of 20m and a width of 570m. In addition to the container terminals in the original port area, SLPA planned to develop three terminals (each having capacity of 2.4 million TEU) in the South Harbor, the first of which was built and in operation on a build- operate-transfer (BOT) basis by Colombo International Container Terminals Limited (CICT), a joint venture company of China Merchants Holding (International) Co. Ltd and SLPA
  • 4. OVERVIEW OF THE PROJECT: EAST CONTAINER TERMINAL ECT will be the second terminal in the South Harbor. To attract a larger share of growing transshipment cargo volumes in the region, SLPA has developed a 600 meter quay wall with berthing facility for 440 meter stretch supported by a 125 meter wide wharf with all the furniture for installation of STS cranes and built suitably for efficient ship to shore transfer operations. Additionally, a 18 hectare yard including 2,400 TEU ground slots has been designed and built to meet industry standard for Electric Rubber Tired Gantry (bus bar connectivity) suitable for operation with provision of equipment. Further, in and out gate complex has been built with weighbridges and other related accessories with the road connectivity for smooth cargo operation. The facilities for power supply, water supply, and fire protection have also been developed. Meanwhile, SLPA is proceeding with the procurement of machinery for the existing berth. 4 Nos of 65T Ship to Shore (STS) twin lift cranes with a 30m rail span, 70m outreach with a clear height of 50m from rail to spreader, and 12 Nos of Electric Rubber Tired Gantry (ERTG) cranes to handle yard containers with a span of 23.47 m will be procured and installed on the initial development part of the ECT. The terminal will have 1,200m of linear quay wall with reclamation behind for the container yard, terminal buildings and other facilities. Based on the estimation of SLPA, development of the entire terminal is expected to cost approximately US$ 500 million. The transaction is structured based on the following parameters:  A 35 year BOT based concession for the development of the ECT will be granted by SLPA  Concessionaire will operate and maintain the existing 440 m berth, and design, build, finance, maintain, and operate the additional 760 m berth and yard (total 1,200 m) and transfer the entire terminal at the end of the term of the concession  Concessionaire will collect fees for terminal services  SLPA will collect throughput based royalty payments based on a minimum guaranteed throughput committed by the concessionaire, and land lease  SLPA requires an upfront payment, quantum of which would be indicated during the RFP stage.  SLPA will retain ownership of the port and provide the users of the ECT with port services on a payment based on port tariffs set by SLPA  Private operating entity will be fully independent from SLPA, with SLPA retaining 51% of the project company  The tender process will be based on pre-determined and objective criteria, as well as final concession terms and conditions Bidding consortia could comprise the following:  International as well as local partners;  At least one leading shipping line to commit a minimum throughput volume;  Port operators; and/or  Equity providers and strategic investors.
  • 5. INVESTMENT OPPORTUNITY The Project has numerous benefits for a concessionaire. Strong historical traffic demand for Colombo Port  Traffic for Colombo Port has grown at over 8% CAGR over last 20 years. Traffic growth has historically shown resilience to economic cycles and downturns.  This traffic increase is anticipated to be driven by the rapid growth of container volumes in South Asia with the Colombo Port providing high productivity for transshipment container cargo within the region. 0 1 2 3 4 5 6 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 T9Us(millions) JCT SAGT CICT Total (Port of Colombo) Annual Container Throughput (1997 - 2015) CICT=Colombo International Container Terminals Ltd.; JCT=Jaya Container Terminal; SAGT=South Asia Gateway Terminal Ltd. Source: SLPA Colombo Port is an established transshipment hub  Over 70% of Colombo Port’s traffic over the last 6 years has been that from transshipment cargo. 0 1 2 3 4 5 2009 2010 2011 2012 2013 2014 2015 TEUs(millions) Re-Stowing Domestic Transhipment Total Container Traffic Type for Colombo Port Source: SLPA
  • 6. Colombo Port and ECT are projected to continue their steady traffic growth  Traffic for Colombo Port is expected to reach 10 million TEU by 2023. Since 2004, the South Asian container market has grown by an average 12% per annum. South Asian gateway traffic transshipped through the Colombo Port is well above 10% over the same period.  The ECT will capture continued shipping trend of vessel size becoming bigger in the South Asian market by providing deep water berth (18.0m-20.0m). An efficient port operator in a strategic alliance with a major shipping line will be able to divert transshipment traffic elsewhere from South and South East Asia to Colombo, maintaining Colombo’s overall position as a transshipment hub. TEUs(millions) CICT=Colombo International Container Terminals Ltd.; ECT=East Container Terminal; SAGT=South Asia Gateway Terminal Ltd.; SLPA=Sri Lanka Port Authority; WCT=West Container Terminal. Source: SLPA Deep water basin is lucrative for attracting large, next generation cargo vessels  With increased use of larger vessels in the South Asian transshipment market, development of additional deep water berths is urgently needed to retain Colombo Port’s competitive position.  Today there are only 3 deep water berths (all at CICT); more are needed to meet the urgent demand from ultra large container ships and very large container ships wanting to call on Colombo Port. Opportunity for early revenue generation from the existing 440m berth  As SLPA has already completed the first deep water berth of 440m length at ECT, any prospective investor who would p a r t n e r with SLPA would reap the benefit of being able to operationalize the existing berth and generating revenue almost immediately while undertaking further development of the ECT. SLPA has track record as operator and experience with PPP model  SLPA, as a grantor and a potential equity holder, has drawn from experience in implementing infrastructure and operating terminals in the Colombo Port  To enhance its efficiency, PPP was adopted for the South Asia Gateway terminal and South Container Terminal in the Colombo Port, and has become successful models for container terminal procured under a PPP arrangement.
  • 7. Strong multilateral support for the project  ADB, as a transaction advisor, has been working with SLPA with a view to bring a bankable structure to the market.  Over many years, ADB has been successfully advising various client governments in achieving a successful PPP outcome for a number of infrastructure projects.  ADB has been closely involved in Colombo Port in several aspects of the project’s implementation, supporting the previous terminal expansion projects with sovereign debt, non-sovereign debt, and equity on multiple occasions. ADB brings significant expertise and experience on advising SLPA to structure this project based on its knowledge from previous engagement in this port and other infrastructure projects. SELECTION PROCESS & TIMELINE In accordance with the policies of the Government of Sri Lanka and the Transaction Advisor, the selection process will be conducted on an open and competitive bidding method reflecting transparency in decisions at all stages of selection. There will be a process of consultation on all transaction documents with prospective bidders and a minimum of 30 days time period will be afforded after the last revision and issuance of final and binding documents. 2Q 2016 Commencement of the bidding process 3Q 2016 Issuance of Request for Proposals and draft Concession Agreement 4Q 2016 Bid Submission 1Q 2017 Announcement of the preferred bidder CONTACT DETAILS For any queries regarding the project please contact via email: Srinivas Sampath / Pratish Halady / Chaorin Shim Office of Public–Private Partnership Asian Development Bank Email: colombo_ect@adb.org Susantha Abeysiriwardena / Mrs. F. M. Hussain Chief Engineer, Planning and Development Sri Lanka Port Authority Email: cepd@slpa.lk
  • 8. IMPORTANT NOTICE AND DISCLAIMER This document has been prepared by ADB in conjunction with SLPA strictly for information purposes only and has no binding force. It is intended to assist prospective bidders and investors in their preliminary evaluation of the opportunity to participate in the Colombo Port East Container Terminal, but is not intended to provide a basis for any decision to participate or invest. The information contained in this document is by its nature selective and indicative, and is not intended to be complete. Each prospective bidder and investor is expected to make its own independent investigation and to obtain such independent advice as it may deem necessary or desirable in order to assess the opportunity without reliance upon the information contained in this document, or to SLPA or ADB. The information contained in this document is subject to change without notice. None of SLPA or ADB bears any responsibility or duty of care to update, supplement or revise this document if any of the information on which it is based changes or is found to be inaccurate. This document has been issued for use by selected recipients and their advisors only and is confidential. It may not be reproduced or distributed in whole or in part, or disclosed to third parties, without the prior written consent of ADB. Nothing in this document is intended to constitute or create (i) an offer capable of acceptance or the basis of any contract or award that may be concluded in relation to the project, (ii) a legally binding relationship between any prospective bidder, investor or other recipient of this document (on the one hand) and SLPA or ADB, or (iii) any other duty or obligation enforceable by any prospective bidder, investor or other recipient of this document against SLPA or ADB. Nothing in this document is, or may be relied upon as, a promise, undertaking or representation as to the future performance or policies of the project, or should be considered as a recommendation by SLPA or ADB to participate in the opportunity or project. No undertakings, representations, or warranties (whether express or implied) are given or made by SLPA or ADB (or their respective members, affiliates, advisors, employees or agents) in relation to this document or the information contained in it. No person has been authorised to give or make any undertakings, representations, or warranties in any written or oral communications with respect to the opportunity or project and, if given or made, such undertakings, representations or warranties must not be relied upon. SLPA and ADB (and their respective members, affiliates, advisors, employees or agents) shall have no liability for (i) any of the information contained in this document (including, without limitation, any errors or omissions), or for any written or oral communications made in the course of any interested bidder’s or investor’s assessment of the opportunity and project or (ii) any damages, losses (including, without limitation, direct or consequential losses), costs or expenses suffered or incurred by any prospective bidder, investor or other recipient of this document in acting on any of the information contained in this document, or otherwise in connection with the opportunity or project.