1) Since the MRT members do not have a corporate shield, can the members be held individually liable in case of litigation surrounding the RFP process (say for a failed bid); and how can their personal liability be minimised?
2) Will a financial indemnification clause of a contract be valid if the contract itself is the subject of litigation; especially if the contract is held to be void as a result of the litigation? Are there ways to deal with such a situation?
3) How will the by-laws of Contract Co delegate contracting authority to the MRT since MRT does not have legal existence; will the by-laws need to individually name every MRT member and will the by-laws need to be updated every time a new member is selected?