Common use of Conditions Precedent to All CFF Disbursements Clause in Contracts

Conditions Precedent to All CFF Disbursements. Unless waived or deferred by MCC in writing, each of the following conditions must be met to MCC’s satisfaction before each CFF Disbursement, including the initial CFF Disbursement: (a) Mozambique (or MCA-Moçambique) has delivered to MCC a completed Disbursement Request covering the related Disbursement Period in accordance with the QDRP Guidance. (b) If any proceeds of the CFF Disbursement are to be deposited in a bank account, MCC has received satisfactory evidence that (i) the Bank Agreement has been executed and (ii) the Permitted Accounts have been established. (c) Mozambique (or MCA-Moçambique) has engaged an entity to provide fiscal agent services, as approved by MCC, until such time as Mozambique provides to MCC a true and complete copy of a Fiscal Agent Agreement, duly executed and in full force and effect, and the fiscal agent engaged thereby is mobilized. (d) Mozambique (or MCA-Moçambique) has engaged an entity or individual to provide procurement agent services, as approved by MCC, until such time as Mozambique provides to MCC a true and complete copy of a Procurement Agent Agreement, duly executed and in full force and effect, and the procurement agent engaged thereby is mobilized. (e) MCC is satisfied, in its sole discretion, that (i) no material default or breach of any covenant, obligation, or responsibility of Mozambique, MCA- Moçambique, or any other entity of Mozambique has occurred and is continuing under this Compact, the Program Implementation Agreement, or any other Supplemental Agreement; (ii) the activities to be funded with such CFF Disbursement are necessary, advisable or otherwise consistent with the goal of facilitating implementation of this Compact and shall not violate any applicable law or regulation; (iii) there has been no violation of, and the use of requested funds for the purposes requested shall not violate, the limitations on use or treatment of MCC Funding set forth in Section 2.7 of this Compact or in any applicable law or regulation; (iv) any Taxes paid with MCC Funding through the date (ninety) 90 days prior to the start of the related Disbursement Period have been reimbursed by Mozambique in full in accordance with Section 2.8 of this Compact; and (v) Mozambique has satisfied all of its payment obligations, including any insurance, indemnification, tax payments, or other obligations, and contributed all resources required from it, under this Compact, the Program Implementation Agreement, and any other Supplemental Agreement. (f) For any CFF Disbursement occurring after this Compact has entered into force in accordance with Article 7: MCC is satisfied, in its sole discretion, that: (i) MCA-Moçambique has made progress, satisfactory to MCC, on implementing activities for which funding is requested, including progress on each of the Principal Implementation Plans; (ii) the M&E Plan is current and updated and MCA-Moçambique is in substantial compliance with the requirements of the M&E Plan (including any applicable reporting requirements set forth therein for the related Disbursement Period); (iii) there has been no material negative finding in any financial audit report delivered in accordance with this Compact and the Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (iv) MCC does not have grounds for concluding that any matter certified to it in any certificate provided as part of the Disbursement Request is not as certified; and (v) each of the Key Staff of MCA-Moçambique remain engaged, or if a position is vacant, MCA-Moçambique is actively engaged, to MCC’s satisfaction, in recruiting a replacement. (g) the United States has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate this Compact, in whole or in part, in accordance with Section 5.1 of this Compact. (h) MCC has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate MCC Funding in whole or in part, in accordance with Section 5.1 of this Compact.

Conditions Precedent to All CFF Disbursements. Unless waived or deferred by MCC in writing, each of the following conditions must be met to MCC’s satisfaction before each CFF Disbursement, including the initial CFF Disbursement: (a) Mozambique The Government (or MCA-MoçambiqueIndonesia II) has delivered to MCC a completed Disbursement Request covering the related Disbursement Period in accordance with the QDRP Guidance. (b) If any proceeds of the CFF Disbursement are to be deposited in a bank account, MCC has received satisfactory evidence that (i) the Bank Agreement has been executed and (ii) the Permitted Accounts have been established. (c) Mozambique The Government (or MCA-MoçambiqueIndonesia II) has engaged an entity to provide fiscal agent services, as approved by MCC, until such time as Mozambique the Government provides to MCC a true and complete copy of a Fiscal Agent Agreement, duly executed and in full force and effect, and the fiscal agent engaged thereby is mobilized. (d) Mozambique The Government (or MCA-MoçambiqueIndonesia II) has engaged an entity or individual to provide procurement agent services, as approved by MCC, until such time as Mozambique the Government provides to MCC a true and complete copy of a Procurement Agent Agreement, duly executed and in full force and effect, and the procurement agent engaged thereby is mobilized. (e) MCC is satisfied, in its sole discretion, that (i) no material default or breach of any covenant, obligation, or responsibility of Mozambiquethe Government, MCA- MoçambiqueMCA-Indonesia II, or any other Government entity of Mozambique has occurred and is continuing under this Compact, the Program Implementation Agreement, or any other Supplemental Agreement; (ii) the activities to be funded with such CFF Disbursement are necessary, advisable or otherwise consistent with the goal of facilitating implementation of this Compact and shall not violate any applicable law or regulation; (iii) there has been no violation of, and the use of requested funds for the purposes requested shall not violate, the limitations on use or treatment of MCC Funding set forth in Section 2.7 of this Compact or in any applicable law or regulation; (iv) any Taxes paid with MCC Funding through the date (ninety) 90 days prior to the start of the related Disbursement Period have been reimbursed by Mozambique the Government in full in accordance with Section 2.8 2.8(c) of this Compact; and (v) Mozambique the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments, or other obligations, and contributed all resources required from it, under this Compact, the Program Implementation Agreement, and any other Supplemental Agreement. (f) For any CFF Disbursement occurring after this Compact has entered into force in accordance with Article 7: MCC is satisfied, in its sole discretion, that: (i) MCA-Moçambique Indonesia II has made progress, satisfactory to MCC, on implementing activities for which funding is requested, including progress on each of the Principal Implementation Plans; (ii) the M&E Plan is current and updated and MCA-Moçambique Indonesia II is in substantial compliance with the requirements of the M&E Plan (including any applicable reporting requirements set forth therein for the related Disbursement Period); (iii) there has been no material negative finding in any financial audit report delivered in accordance with this Compact and the Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (iv) MCC does not have grounds for concluding that any matter certified to it in any certificate certificated provided as part of the Disbursement Request is not as certified; and (v) each of the Key Staff of MCA-Moçambique Indonesia II remain engaged, or if a position is vacant, MCA-Moçambique Indonesia II is actively engaged, to MCC’s satisfaction, in recruiting a replacement. (g) the United States MCC has not determined determined, in its sole discretion, that an act, omission, condition, or event has occurred that would be the basis for it MCC to suspend or terminate this Compactterminate, in whole or in part, this Compact or MCC Funding in accordance with Section 5.1 of this Compact. (h) MCC has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate MCC Funding in whole or in part, in accordance with Section 5.1 of this Compact.

Conditions Precedent to All CFF Disbursements. Unless waived or deferred by MCC in writing, each of the following conditions must be met to MCC’s satisfaction before each CFF Disbursement, including the initial CFF Disbursement: (a) Mozambique Sierra Leone (or MCA-MoçambiqueSierra Leone) has delivered to MCC a completed Disbursement Request covering the related Disbursement Period in accordance with the QDRP GuidancePolicy. (b) If any proceeds of the CFF Disbursement are to be deposited in a bank account, MCC has received satisfactory evidence that that: (i) the Bank Agreement has been executed and (ii) the Permitted Accounts have been established. (c) Mozambique Sierra Leone (or MCA-MoçambiqueSierra Leone) has engaged an entity or individual to provide fiscal agent services, as approved by MCC, until such time as Mozambique Sierra Leone provides to MCC a true and complete copy of a Fiscal Agent Agreement, duly executed and in full force and effect, and the fiscal agent engaged thereby is mobilized. (d) Mozambique Sierra Leone (or MCA-MoçambiqueSierra Leone) has engaged an entity or individual to provide procurement agent services, as approved by MCC, until such time as Mozambique Sierra Leone provides to MCC a true and complete copy of a Procurement Agent Agreement, duly executed and in full force and effect, and the procurement agent engaged thereby is mobilized. (e) MCC is satisfied, in its sole discretion, that that: (i) no material default or breach of any covenant, obligation, or responsibility of MozambiqueSierra Leone, MCA- MoçambiqueMCA-Sierra Leone, or any other entity of Mozambique Sierra Leone has occurred and is continuing under this Compact, the Program Implementation Agreement, or any other Supplemental Agreement; (ii) the activities to be funded with such CFF Disbursement are necessary, advisable or otherwise consistent with the goal of facilitating implementation of this Compact and shall not violate any applicable law or regulation; (iii) there has been no violation of, and the use of requested funds for the purposes requested shall not violate, the limitations on use or treatment of MCC Funding set forth in Section 2.7 of this Compact or in any applicable law or regulation; (iv) any Taxes paid with MCC Funding through the date (ninety) 90 days prior to the start of the related Disbursement Period have been reimbursed by Mozambique in full in accordance with Section 2.8 of this Compact; and (v) Mozambique has satisfied all of its payment obligations, including any insurance, indemnification, tax payments, or other obligations, and contributed all resources required from it, under this Compact, the Program Implementation Agreement, and any other Supplemental Agreement. (f) For any CFF Disbursement occurring after this Compact has entered into force in accordance with Article 7: MCC is satisfied, in its sole discretion, that: (i) MCA-Moçambique has made progress, satisfactory to MCC, on implementing activities for which funding is requested, including progress on each of the Principal Implementation Plans; (ii) the M&E Plan is current and updated and MCA-Moçambique is in substantial compliance with the requirements of the M&E Plan (including any applicable reporting requirements set forth therein for the related Disbursement Period); (iii) there has been no material negative finding in any financial audit report delivered in accordance with this Compact and the Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (iv) MCC does not have grounds for concluding that any matter certified to it in any certificate provided as part of the Disbursement Request is not as certified; and (v) each of the Key Staff of MCA-Moçambique remain engaged, or if a position is vacant, MCA-Moçambique is actively engaged, to MCC’s satisfaction, in recruiting a replacement. (g) the United States has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate this Compact, in whole or in part, in accordance with Section 5.1 of this Compact. (h) MCC has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate MCC Funding in whole or in part, in accordance with Section 5.1 of this Compact.

Conditions Precedent to All CFF Disbursements. Unless waived or deferred by MCC in writing, each of the following conditions must be met to MCC’s satisfaction before each (Including Initial CFF Disbursement, including the initial CFF Disbursement:). (a) Mozambique The Government (or MCA-MoçambiqueBurkina Faso II) has delivered to MCC the following documents, in form and substance satisfactory to MCC: (i) a completed Disbursement Request covering Request, together with the related applicable Periodic Reports, for the applicable Disbursement Period Period, all in accordance with the QDRP GuidanceReporting Guidelines; (ii) a certificate of the Government (or MCA-Burkina Faso II), dated as of the date of the CFF Disbursement Request, in such form as provided by MCC; (iii) if a Fiscal Agent has been engaged, a Fiscal Agent Disbursement Certificate; and (iv) if a Procurement Agent has been engaged, a Procurement Agent Disbursement Certificate. (b) If any proceeds of the CFF Disbursement are to be deposited in a one or more bank accountaccounts, MCC has received satisfactory evidence that (i) the Bank Agreement has been executed and (ii) the Permitted Accounts have been established. (c) Mozambique (or MCA-Moçambique) has engaged Appointment of an entity or individual to provide fiscal agent services, as approved by MCC, until such time as Mozambique the Government provides to MCC a true and complete copy of a Fiscal Agent Agreement, duly executed and in full force and effect, and the fiscal agent engaged thereby is mobilized. (d) Mozambique (or MCA-Moçambique) has engaged Appointment of an entity or individual to provide procurement agent services, as approved by MCC, until such time as Mozambique the Government provides to MCC a true and complete copy of a the Procurement Agent Agreement, duly executed and in full force and effect, and the procurement agent engaged thereby is mobilized. (e) MCC is satisfied, in its sole discretion, that (i) no material default or breach of any covenant, obligation, or responsibility of Mozambique, MCA- Moçambique, or any other entity of Mozambique has occurred and is continuing under this Compact, the Program Implementation Agreement, or any other Supplemental Agreement; (ii) the activities to be being funded with such CFF Disbursement are necessary, advisable or otherwise consistent with the goal of facilitating the implementation of this Compact and shall are not expected to violate any applicable law or regulation; (ii) no material default or breach of any covenant, obligation, or responsibility by the Government, MCA-Burkina Faso II, or any Government entity has occurred and is continuing under this Compact or any Supplemental Agreement; (iii) there has been no violation of, and the use of requested funds for the purposes requested shall are not expected to violate, the limitations on use or treatment of MCC Funding set forth in Section 2.7 of this Compact or in any applicable law or regulation; (iv) any Taxes paid with MCC Funding through the date (ninety) 90 days prior to the start of the related applicable Disbursement Period have been reimbursed by Mozambique the Government in full in accordance with Section 2.8 2.8(c) of this Compact; and (v) Mozambique the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments, or other obligations, and contributed all resources required from it, under this Compact, the Program Implementation Agreement, Compact and any other Supplemental Agreement. (f) For any CFF Disbursement occurring after this Compact has entered into force in accordance with Article 7: MCC is satisfied, in its sole discretion, that: that (i) MCC has received copies of any reports due from any technical consultants (including environmental auditors engaged by MCA-Moçambique has made progressBurkina Faso II) for any Activity since the previous Disbursement Request, and all such reports are in form and substance satisfactory to MCC; (ii) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, on implementing activities for which funding is requested, including progress on each of the Principal Implementation Plans; (ii) the M&E Plan is current and updated and MCA-Moçambique is in substantial compliance with the requirements of the M&E Plan (including any applicable reporting requirements set forth therein for the related Disbursement Period); (iii) there has been no material negative finding in any financial audit report delivered in accordance with this Compact and progress satisfactory to MCC on the Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (iv) MCC does not have grounds for concluding that any matter certified to it in any certificate provided as part components of the Disbursement Request is not as certified; and (v) each of the Key Staff of MCA-Moçambique remain engaged, Implementation Plan for any relevant Projects or if a position is vacant, MCA-Moçambique is actively engaged, Activities related to MCC’s satisfaction, in recruiting a replacement. (g) the United States has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate this Compact, in whole or in part, in accordance with Section 5.1 of this Compact. (h) MCC has not determined that an act, omission, condition, or event has occurred that would be the basis for it to suspend or terminate MCC Funding in whole or in part, in accordance with Section 5.1 of this Compact.such CFF Disbursement;