Article 124Adjustment mechanisms
1.Public buyers may include in the procurement detail clauses establishing mechanisms for the adjustment of the conditions of the concession throughout its duration, provided that those mechanisms:
(a)are objectively justified having regard to the nature, duration and risk profile of the concession;
(b)maintain the economic balance of the concession;
(c)preserve the transfer of an operating risk to the concessionaire;
(d)the clauses are clear, precise and unequivocal.
2.The adjustment mechanisms referred to in paragraph 1 may, in particular, relate to:
(a)predefined rules for the adjustment of revenues, including variations linked to demand or usage levels;
(b)indexation mechanisms, including those linked to objective economic indicators, such as price indices, inflation rates or volatility of input costs such as for key materials;
(c)performance-based payment adjustments, linked to the achievement of qualitative or performance objectives relating to the supply of works or services;