Art. 182. The funding of the project

1. Contracts can be financed using suitable tools such as, among others, project financing. The financing may also regard the award of public and private assets. The remuneration of the invested capital shall be established in the contract.

2. The contract shall establish the transferred risks, the manner of monitoring their permanence in the lifecycle of the contractual relationship, and the consequences deriving from the early termination of the contract, that would result in the permanence of the risks transferred to the economic operator.

3. The occurrence of events not attributable to the economic operator that affect the equilibrium of the financial-economic plan can result in its revision, to be implemented through the redetermination of the conditions of equilibrium. The revision must allow the permanence of the risks transferred to the economic operator and the conditions of financial-economic equilibrium related to the contract. For purposes of the protection of public finance closely connected to maintaining the above risk allocation, in cases of work of State interest or that are financed by a State contribution, the revision is subject to the prior assessment by the Consulting Nucleus for the Implementation of the Guidelines for the regulation of public utility services (NARS). In other cases, the contracting authority may decide to submit the revision to the prior assessment of NARS. In the case of a failure to agree on the rebalancing of the financial- economic plan, the parties can withdraw from the contract. The economic operator shall be reimbursed the amounts set forth in Article 176, paragraph 4, clauses a) and b), except for the costs deriving from the early termination of contracts hedging the risk of fluctuation of the interest rate.
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