Railway sector in the Kingdom of Saudi Arabia Solicitation of Expression of Interest (EOI) Private sector partnership opportunity to provide passenger and freight train services in the Kingdom of Saudi Arabia June 2017
Contents 1 Introduction... 4 2 Railway sector governance... 6 3 Railway network in the Kingdom of Saudi Arabia... 8 4 Overview of existing railway assets... 10 4.1 Passenger stations... 10 4.2 Maintenance facilities... 11 4.3 Dry port facility... 11 4.4 Rolling stock assets... 12 4.5 Additional information... 13 5 Freight and passenger volumes... 14 6 Private sector partnership opportunity process... 15 7 Expression of Interest (EoI) Form... 16 8 Railway event participant Form... 18 9 Confidential Disclosure Agreement (CDA) Form... 19 10 Disclaimer... 24 Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 2
Contact details Department Address Email Procurement and Contract Public Transport Authority (PTA) Olaya Street, As Sahafah P.O. Box 87078 Riyadh 11642 Kingdom of Saudi Arabia privatization@pta.gov.sa Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 3
1 Introduction The railway sector in the Kingdom of Saudi Arabia has been one of the focus transportation modes since its creation in 1951 and became a key enabler for driving economic development by providing a competitive transportation mode for the mining industry. In 2016, the Kingdom of Saudi Arabia established a new overall economic development strategy under the umbrella of Saudi Vision 2030. This aims to achieve bold economic growth goals based on the principle of increased self-reliance and a diversified economy. The plan deals with, amongst other issues, the reduction of subsidies and the strengthening of supply chain capabilities domestically. More specifically, logistics services have been identified as one key driver for economic growth and for the development of the Kingdom of Saudi Arabia into an international leading logistic hub in the region. In this regard, the government of KSA has launched several initiatives to implement the goals outlined in Vision 2030. One of the cornerstones of Vision 2030 is to enhance the private sector participation in order to increase the logistic effectiveness of KSA. Hence, KSA is keen to commit into a long-term partnership with the private sector and is encouraging it to participate in a diverse range of projects. The transport sector in general, and the Saudi railway sector in particular, is a key focal point for private sector led reforms. There are three main objectives for the railway sector: 1. Operations excellence: The private sector and more specifically an international operator(s) should bring world-class operating and safety standards to the Saudi railway ecosystem, improving the system s reliability and cost structure. 2. New performance culture and quality: The private sector and international leading operators should bring in a strong performance culture and enhanced capabilities along strategic functions (e.g. enhanced service levels) to increase passenger ridership levels and cargo rail modal share. 3. Reduction of government dependency: The increased performance levels and greater efficiency can further strengthen the two points above while resulting in lower subsidy payable by the government. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 4
As part of this, the Public Transport Authority (PTA) is leading an effort with the support of the existing railway entities (i.e. SRO and SAR) and different government entities, such as the Ministry of Transport (MoT), Public Investment Fund (PIF) and Ministry of Economy and Planning (MEP), to identify and enter into strategic a long-term partnership with leading international railway companies and investors of different kinds. Specifically, the PTA is seeking for private sector participation for the following areas: Operation of freight services Operation of passenger services Management and maintenance of passenger stations Management and maintenance of dry ports Maintenance of rolling stock Additionally, the following areas could potentially be added to the scope of this opportunity: Investment into existing rolling stock Financing of new rolling stock PPP models such as BOT (build, operate, transfer) schemes for parts of the network that are in various stages of planning and design today (such as Landbridge) This opportunity includes the current Riyadh to Dammam network, the current North-South Railway and potential additional parts of the railway network such as the GCC line, the Landbridge and smaller segments which are currently in the planning, design or construction stage. This opportunity specifically excludes train operations and rolling stock services for the Haramain High Speed Rail (HHR) closed link network and the management and maintenance of existing dry port facilities (i.e. Riyadh). It should be noted that at this stage, the exact shape and scope of the private sector collaboration within the Saudi railway sector has not been formalized yet. The interest expressed by potential bidders will be considered as one factor in the finalization of the KSA railway industry setup in regards to how the private sector shall be incorporated. At the same time, this effort is combined with an on-going review of the existing Saudi railway sector structure with the objective to defining the optimal railway sector governance and operating model to further realize operational efficiency, drive synergies and network interoperability. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 5
2 Railway sector governance The railway sector governance is composed of multiple stakeholders, amongst which the main stakeholders are the Ministry of Transport (MoT), the Public Investment Fund (PIF), the Public Transport Authority (PTA), the Saudi Railways Organization (SRO) and the Saudi Railway Company (SAR). Responsible for transport infrastructure development Overseas the independent government entities such as PTA, Ports Authority and others Figure 1: Overview of railway sector governance The Ministry of Transport (MoT) is mainly responsible for transport sector strategy, infrastructure and overall sector development and the independent bodies reporting to the same (incl. SRO, PTA, Ports Authority). The Public Transport Authority (PTA), was established in 2013 to coordinate the development of public transport services within and between cities in the Kingdom. The two current railway entities in the Kingdom are the Saudi Railways Organization (SRO) and the Saudi Railway Company (SAR). The SRO is a state-owned public railway entity under the Ministry of Transport (MoT), which currently operates a railway network with a total length of approximately 1,400-km between the city of Dammam in the Eastern Province and the capital in Riyadh. SRO fully operates and maintains both the infrastructure and rolling stock for the Riyadh to Dammam network and has a long history dating back to the 1950s when the first ever rail line in the Kingdom of Saudi Arabia was established. Since then, SRO has been at the forefront of the transportation sector development in the Kingdom and in light of increased economic needs also established the first and only dry port of the country in the city of Riyadh in 1981. The SRO continues to invest Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 6
in developing the railway sector in the Kingdom through modernizing its rolling stock and other improvement initiatives. SAR is a private-sector entity and is owned by the Public Investment Fund (PIF), one of the sovereign wealth funds in the Kingdom of Saudi Arabia. In 2006, SAR was created to develop and operate the 2,750-km North-South Railway (NSR) network, which includes freight and passenger services using international best practices of performance and safety. Today, SAR fully operates and maintains both the infrastructure and rolling stock for the NSR network and transports different minerals. In 2016, railway tracks for the full KSA network and rolling stock for HHR, were formally transferred to SAR, through Royal Decree (381). Additional information on the railway sector governance will be provided in future stages of this process. In the meantime, potential bidders are encouraged to visit the website of the different above mentioned entities for further information. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 7
3 Railway network in the Kingdom of Saudi Arabia The overall railway network in the Kingdom is composed of five main segments, out of these the Riyadh to Dammam line and the North-South Railway are already operational. North-South Railway 2,750 km Landbridge 1,360 km Connecting Riyadh with the northern border passing through Al Qassim, and Hail Connecting the Kingdom s west coast to its east coast Riyadh Riyadh Dammam line Passenger line: Connecting Dammam with Riyadh passing through Al Ahsa and Abqaiq Freight line: Connecting King Abdulaziz port in Dammam with Riyadh passing through Al Ahsa, Abqaiq, Al Kharj, Haradh, and Al Tawdhihiyah Sub-lines: Connecting industrial, agricultural, and military sites with export ports and residential areas 449 km 546 km 400 km HHR GCC line 450 km Electrified tracks connecting Makkah, Madinah, Jeddah, and Rabigh (320km/hr) Rail track connecting GCC countries with one another, 628 km of which exist within the Kingdom 628 km Figure 2: Current and planned railway network in Saudi Arabia The first operational network is the Riyadh to Dammam line, which is operated and maintained by the SRO and covers: Passenger: 449-km passenger line ( Line 1 ) and was opened in 1980s Freight: 556-km freight line ( Line 2 ) and was opened in 1950s Approximately 400-km of branch lines Riyadh Dammam Haradh Hufof Riyadh to Dammam line Passenger line: Connecting Dammam with Riyadh passing through Al Ahsa and Abqaiq Freight line: Connecting King Abdulaziz port in Dammam with Riyadh passing through Al Ahsa, Abqaiq, Al Kharj, Haradh, and Al Tawdhihiyah Sub-lines: Connecting industrial, agricultural, and military sites with export ports and residential areas 449 km 546 km 400 km Figure 3: Current Riyadh to Dammam line Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 8
The second operational network, the North-South Railways, was developed by SAR and is one of the largest railway projects in the world to that date, covering more than 2,750-km of track, with two main lines: Mineral line: Running from the Al Jalamid mine to the facilities and port in Ras Al Khair Passenger and freight line: Running from Riyadh to Al Haditha (at Jordanian border) North-South Railway 2,750 km Connecting Riyadh with the northern border passing through Al Qassim, and Hail Al Haditha Al Basayta Wa ad Al Shamel Al Jalamid Ras Al Khair Al Jawf Al Zabirah Buryadah Riyadh Figure 4: Current North-South Railway (NSR) Dedicated projects are being carried out for the Haramain High Speed Rail (HHR), GCC line and Landbridge, a brief outline for each of the on-going extensions and their status are provided in the following paragraph. Haramain High Speed Rail (HHR) (stage: construction/testing): The 450-km line will connect the cities of Jeddah, Makkah and Madinah. HHR will be a high-speed (320 km/h) electrified passenger line, primarily designed to provide a fast, comfortable, reliable and safe mode of transport and is expected to reduce the commuting time between Jeddah and Makkah by two-third. The rail line will relieve urban transport pressure in western province of the country and is expected to enhance the experience of Muslim pilgrims visiting holy cities of Makkah and Madinah. This closed loop network will be operated under a concession of 12 years and is expected to start operating in the first half of 2018. GCC line (stage: planning/construction): The GCC Mainline is a 2,116-km rail track connecting all six GCC countries and going from Kuwait City to Muscat. 663-km of the GCC line will intersect KSA and will establish the first direct border-to-border railway link with the GCC. The new connections between the port cities Ras Al Khair and Dammam with Jubail are currently being constructed and form an integral part of the GCC line. Saudi Landbridge (stage: planning): The Landbridge is a 1,300-km additional connection that will for the first time allow to link the Arabian Gulf with the Red Sea. In addition to the above projects, several smaller network additions and interlinkages, e.g. the connection between the Riyadh train stations in the South and the North of the city, are being carried out. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 9
4 Overview of existing railway assets 4.1 Passenger stations The Riyadh to Dammam line operates two main passenger stations in the cities of Dammam and Riyadh and some intermediate stations in the cities of Hufof and Abqiq. The stations include typical railway station facilities such as ticket counters, information desks, waiting areas but also have dedicated commercial space with restaurants and shops operating in the same. Figure 5: Riyadh to Dammam line passenger station and commercial space The new passenger service in the North-South Railway (NSR) includes newly designed stations and facilities. The stations, which are currently operational are in the city of Riyadh, Majma ah and Qassim and will going forward also include Hail, Al Jawf and Qurayyat. The stations include modern ticket counters, information desks, waiting areas and dedicated commercial space with restaurants and shops operating in the same. Figure 6: North-South Railway passenger station Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 10
4.2 Maintenance facilities There are four dedicated facilities for the maintenance of passenger train sets (2) and freightrelated (2) rolling stock. The workshops for maintenance of CAF passenger train sets are both located in Riyadh. For the freight locomotives and wagon maintenance, one dedicated workshop is located in Al Nariyah and the second workshop is located in Dammam. Figure 7: Al Nariyah workshop for North-South Railway 4.3 Dry port facility The dry port in Riyadh is a rail/customs station that was established to give importers in the Riyadh region, and the regions close to it, the privilege of loading their goods imported through King Abdul Aziz port in Dammam, on the cargo train directly to clear them through customs in the dry port utilities in Riyadh. The dry port covers an area of approx. 50 ha and includes railway that handled more than 670,000 containers in 2016. Figure 8: Dry port loading operations Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 11
4.4 Rolling stock assets For both railway networks, Riyadh to Dammam and North-South Railway (NSR), a modern fleet of world-class rolling stock has been acquired and is operational. For the Riyadh to Dammam line, the rolling stock fleet consists of the following elements: Diesel locomotives: Different configurations of freight locomotives and passenger train sets with up to 4,300 horse power (hp) are currently under operation. Passenger cars: The passenger cars are classified into three different segments with 12 cars in the first segment and a capacity of 540 passengers, 9 cars in the second segment and a capacity of 652 passengers and a third segment with 25 cars and a capacity of 2,012 passengers. Most recently SRO acquired 12 modern passenger train sets from CAF in 2015 leading to travel time reductions for the Riyadh to Dammam connection of nearly 25%. Cargo cars: Different sizes and types of cargo cars are currently being operated, including 825 cars for double stacking of containers, 362 cement transportation cars, 205 grain hauling cars, 141 cars for hauling rocks, 456 flatbeds vehicles and other 485 other cargo car types. More than 25% of the above-mentioned cargo cars have only been added to the fleet in 2016. Figure 9: Riyadh to Dammam - overview of CAF passenger and cargo rolling stock For the North-South Railway, the rolling stock fleet consists of the following different elements: Diesel locomotives: The freight locomotives consist of both mainline and shunting locomotives. There are 25 SD70 mainline locomotives and 7 GPL38 shunting locomotives. An additional 36 locomotives were recently acquired as part of new Wa ad Al Shamal freight operating services. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 12
Passenger cars: The passenger cars are classified into 6 train sets designed and manufactured by CAF, with 5 economy class family cars and a capacity of 420 passengers, 3 universal business cars with a capacity of 129 passengers and additional sleeper cars, car coaches and restaurant cars. Cargo cars: The current cargo cars cover 523 phosphate cars, 240 bauxite cars, 37 double-stacked general freight cars, 27 flat beds cars, 10 ballast wagons and 4 box cars. For the new Wa ad Al Shamal freight services, an additional 1,151 cars were acquired. Figure 10: North-South Railway (NSR) - overview of CAF passenger and cargo rolling stock 4.5 Additional information Both railway entities have continuously focused on enhancing passenger and freight services through specific improvement initiatives or use of new technologies as key driver for driving safety, service quality and operational efficiency. This includes initiatives like: Adaption of world-class processes and procedures through partnerships New operational control center (OCC) facilities New signaling and telecommunication system based on ERTMS level 2 standards Improving ticketing solution through new overall online and mobile application Integrating of social media with customer call center services Expanding the ticket vending machine network Introducing additional customer service desks in stations Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 13
5 Freight and passenger volumes There has been consistent growth of transported freight volumes over the last in the last 5- years of more than 20.5% p.a. The majority of the growth is driven by volumes from the North- South Railways network and the transportation of minerals from the Maa den mines. In 2016 alone, more than 12mn MT of freight volumes were transported on both of the networks out of which, more than 8mn MT are related to phosphate, bauxite, MGA and other minerals. Riyadh to Dammam North-South Railway 12,055 20.5% 9,979 36% 5,715 5,911 7,865 58% 48% 70% 30% 73% 27% 42% 52% 64% 2012 2013 2014 2015 2016 Figure 11: Overview of freight volume development in MT With respect to passenger volumes, more than 1.3mn passengers were transported in 2016 on the Riyadh to Dammam network and a dedicated passenger services from Riyadh to Al Qassim has been launched in Q1-2017 that will further be extended in three phases. Riyadh to Dammam 1,186 1,173 1.3% 1,248 1,317 1,250 2012 2013 2014 2015 2016 Figure 12: Overview of passenger volume development Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 14
6 Private sector partnership opportunity process The first step of this partnership process is formalized through this Expression of Interest (EoI) and is expected to ultimately result in close collaboration with the private sector. A response to this EOI is highly encouraged in order to participate in future aspects of the partnership process (such as Request for Proposal) for this opportunity. Interested parties that have not participated in this EOI might not be able to take part in the further process. A dedicated event for this opportunity will be hosted in the city of Riyadh in the second half of September 2017. This event will include representatives of both private sector companies as well as relevant public sector entities. Respondents to this EoI process will receive a dedicated invitation with more specifics on the event in due course. The PTA is planning to facilitate the visa process for the above event. Potential bidders are therefore encouraged to respond to this EoI prior to the above-mentioned event and also to provide passport copies and details of their respective attendees. Therefore, upon receipt of this EOI document, the responding party should: 1. Confirm interest by filling out and submitting the provided EoI form 2. Complete the attached Confidential Disclosure Agreement (CDA) in order to receive information in subsequent steps of this process 3. Provide a company profile in PDF format that indicates the overall experience in the railway sector (or similar sectors for investors) and detailing the relevant facts and figures (including but not limited to company history, financial performance) 4. Share at least 3-4 project references in PDF format (max. 2-3 pages for each) that provide some background on the experience of the company in similar undertaking (or similar sectors for investors) 5. Complete the attached railway event participant form, passport copies and additional details for attendees of the above-mentioned event (limited to 3-4 attendees per entity) Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 15
7 Expression of Interest (EoI) Form Private sector partnership opportunity to provide passenger and freight train services in the Kingdom of Saudi Arabia Date: To: Procurement and Contract Department Email: privatization@pta.gov.sa This letter acknowledges the interest to participate in the process for becoming a potential partner to provide passenger and freight train services in the Kingdom of Saudi Arabia. We: are interested to participate are not interested to participate because: Company: Contact: Email: Phone: Please note that we encourage close collaboration between different companies for this opportunity. We therefore request details of the companies that are intended to form a partnership and also require a separate EoI submission by each of the mentioned companies. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 16
We: are intending to partner with the following company(ies). Company 1: Company 2: Company 3: Company 4: Company 5: Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 17
8 Railway event participant Form The potential bidder is required to provide details of the attendees for the above-mentioned event taking into account the limitation to 3-4 attendees per entity. First name Last name Company Nationality Passport number First name Last name Company Nationality Passport number First name Last name Company Nationality Passport number First name Last name Company Nationality Passport number Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 18
9 Confidential Disclosure Agreement (CDA) Form Between 1. [company name] a [type of company] company existing under the company laws of [country of company], with registered address at (hereinafter referred to as VENDOR ) [company name] and 2. Public Transport Authority (PTA), a public-sector entity organized and existing under the laws of the Kingdom of Saudi Arabia, under the Ministry of Transport, and having its principal place of business at P.O. Box 87078. Riyadh 11642, Kingdom of Saudi Arabia (hereinafter referred to as PTA ), Hereinafter, as appropriate, jointly herein referred to as the "Parties" or individually as a "Party". This Confidential Disclosure Agreement ("Agreement ) is effective as of 20 June 2017 ( the Effective Date ) BACKGROUND: 1. PTA and VENDOR intend to enter into discussions for a potential partnership opportunity to provide passenger and freight train services in the Kingdom of Saudi Arabia that VENDOR shall be able to provide; 2. In order to facilitate such discussions, and VENDOR s subsequent preparation of these discussions, PTA may find it necessary or desirable to share with VENDOR information of a confidential or proprietary nature, pursuant to the terms of this Agreement; 3. The party disclosing its Confidential Information (as defined below) to the other is referred to herein as the Discloser, and the party receiving such Confidential Information is the Recipient ; and 4. In order to protect and preserve such exchanged Confidential Information, the Parties wish to enter into this Agreement; Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 19
IT IS THEREFORE AGREED 1. In connection with discussions for the partnership opportunity to provide passenger and freight train services in the Kingdom of Saudi Arabia ( Business Purpose ), PTA (either directly, or through Affiliates or advisers) may disclose (or may have disclosed, prior to the Effective Date) to VENDOR certain information and materials relating to current PTA operations that it considers to be confidential and proprietary ("Confidential Information"). Such Confidential Information is to include all information in whatever form (including, without limitation, written, oral, visual or electronic form, or on tape or disk) relating to the Discloser s business that is directly or indirectly disclosed to the Recipient or any of its representatives by any agent or employee of the Discloser or which comes to the Recipient s attention in connection with the Business Purpose, together with those portions of any analyses or materials prepared by the Recipient which contain or reflect the Confidential Information provided by the Discloser. 2. Notwithstanding the foregoing, for purposes of this Agreement, Confidential Information does not include: a. information that is or becomes publicly available or generally known in the relevant trade or industry, other than as a result of unauthorized disclosure by the Recipient (except that any compilation of otherwise public information in a form not publicly known shall nevertheless be treated as Confidential Information); b. information that is disclosed to the Recipient on a non-confidential basis by a third party whom Recipient reasonably believes is not under any obligation of confidentiality with respect to such information; c. information that the Recipient can demonstrate (i) was in its possession prior to receiving it from the Discloser or (ii) was developed by the Recipient independently of the Confidential Information received from the Discloser. 3. The Recipient shall, and shall ensure that itself and its Affiliates (as defined hereinafter), Employees and subcontractors of the Recipient shall, (a) treat such Confidential Information in the strictest confidence; (b) not disclose Confidential Information to any third party; (c)not use or exploit the Confidential Information in any way except for the Business Purpose specified above; (d) copy Confidential Information only to the extent necessary to carry out the Business Purpose; and (e) restrict the internal dissemination and use of Confidential Information to those of its officers, employees or agents ("Employees") who have a need to know such Confidential Information for the Business Purpose, and Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 20
provided that such Employees shall have first been made aware of the provisions of this Agreement. The Recipient shall, and shall ensure that the Affiliates, Employees and subcontractors of the Recipient shall, protect the Discloser s Confidential Information from unauthorized use or disclosure by treating it with the same degree of care with which Recipient treats its own Confidential Information of like sensitivity and importance. For purposes of this Agreement, (i) Affiliate means, with respect to any individual, corporation, partnership, joint venture, limited liability company, association, joint-stock company, trust, unincorporated organization, governmental body or any other entity (a Person ), any other Person which directly or indirectly controls, is controlled by or is under common control with such Person and (ii) control (including the terms controlling and controlled ) means the power to direct or cause the direction of the management and policies of a Person, directly or indirectly, whether through the ownership of equity interests, by contract or otherwise. 4. Confidential Information shall remain the property of the Discloser. Neither the execution of this Agreement nor the furnishing of Confidential Information hereunder shall be construed as granting to the Recipient a license to any invention, patent, copyright, trade secret, know-how or other intellectual property right now or hereafter owned or controlled by the Discloser, except for use in connection with the Business Purpose as expressly provided herein and/or subsequent service agreement(s) as may be entered into between the Parties. 5. If Recipient or any of its Affiliates becomes compelled to disclose any Confidential Information to a third party pursuant to any governmental regulation, decision of any court or rules of any applicable stock exchange, the Recipient shall promptly advise the Discloser. In any event the Recipient shall disclose only that portion of the Confidential Information which the Recipient is legally required to disclose. 6. This Agreement is not intended to create nor shall it be construed as creating, by implication or otherwise, a joint venture, partnership or other formal business arrangement. Neither the execution of this Agreement nor the furnishing of Confidential Information shall obligate either party to enter into any such arrangement or further agreement. 7. This Agreement shall terminate on the date (a) on which the Business Purpose is completed or otherwise concluded or (b) indicated in a written notice of termination sent by either party, whichever occurs earlier. Notwithstanding the termination of the Agreement, the restrictions and obligations set forth in Paragraph 3 and 4 shall survive for five (5) years from the date hereof. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 21
8. Upon the termination of this Agreement or at the request of the Discloser, the Recipient shall, and shall ensure that the Affiliates (as defined hereinafter), Employees and subcontractors of the Recipient shall, return to Discloser all of Discloser s Confidential Information or, at the Discloser's option, the Recipient shall destroy all such Confidential Information and certify, on behalf of itself and its Affiliates, Employees and subcontractors, its destruction to Discloser in writing. 9. This Agreement shall not be assigned or transferred by either party without the prior written consent of the other. Any assignment attempted in violation of this provision shall be void and without effect. 10. Any notices required to be given hereunder shall be addressed as follows: PTA Public Transport Authority (PTA) Olaya Street, As Sahafah P.O. Box 87078 Riyadh 11642 Kingdom of Saudi Arabia VENDOR 11. This Agreement shall be construed and enforced in accordance with the laws of the Kingdom of Saudi Arabia, without the application of any other country s system of laws, as if it were made and performed entirely within the Kingdom. Each of the parties hereto (a) consents to submit itself to the exclusive jurisdiction of the appropriate court located in the Kingdom of Saudi Arabia in the event any dispute arises out of this Agreement or otherwise related to the Business Purpose. 12. This Agreement sets forth the entire understanding of the parties as to the subject matter hereof and supersedes any prior oral or written agreements, communications or understandings with respect thereto. This Agreement may be amended or modified only in writing and signed by the authorized representatives of the parties. IN WITNESS, WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 22
Vendor Authorized Signature Print Name Title Date Place Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 23
10 Disclaimer No rights can be derived from the contents of this Expression of Interest document. The information provided is compiled on the basis of existing knowledge of volumes, distribution patterns, infrastructure, operations, process descriptions and procedures and is subject to change without notice. The PTA, nor any other railway entity in the Kingdom of Saudi Arabia, shall be held liable for any inaccuracies or omissions in this EOI or any supporting documentation. This document includes confidential information that is not necessarily in the public domain and shall be treated by the potential bidder as confidential. Please note that the PTA and all other parties reserve the right to consider information obtained through this EoI for the purpose of short-listing private sector partners in the overall partnership process. Passenger and freight train services in the Kingdom of Saudi Arabia Expression of Interest (EoI) 24