Code of the District of Columbia

§ 2–273.07. Legal rights; dispute resolution.

(a) The terms of a public-private partnership agreement shall not be construed as a waiver of the sovereign immunity of the District government or as a grant of sovereign immunity to any private entity.

(b) ) No private entity shall be liable for the debts or obligations of the District government or public entities, unless the public-private partnership agreement provides that a private entity is liable under the public-private partnership agreement.

(c) In addition to any other remedy available to the District, in the event of a material default by an operator, the District may elect to assume the responsibilities and duties of the operator in the public-private partnership project, and in this instance, the District or a designated public entity shall succeed to all of the rights, title, and interest in the public-private partnership project.

(d) The District may terminate, with cause, the public-private partnership agreement and exercise any other rights and remedies that may be available to it under the law or in equity.

(e) The District may make or cause to be made any appropriate claims under the maintenance, performance, or payment bonds, or lines of credit, as set forth in the partnership agreement.

(f) If the District or a designated public entity elects to assume the responsibility and duties of a public-private partnership project pursuant to subsection (c) of this section, the District may develop or operate the public-private partnership project, impose previously approved user fees, impose and collect lease payments, and comply with any service contracts as if it were the opera-tor.

(g) The full faith and credit of the District government shall not be pledged to secure any financing of the operator by the election to assume the responsibilities of an operator, and the assumption of the operation of the public-private partnership project shall not obligate the Office or the District government to pay any obligation of the operator from sources other than revenue from the project.