Common use of Execution of the Project Clause in Contracts

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

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Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, : (i) shall carry out Parts A, B, C(1), C(4), C(5), C(6) and D of the Project through GWCL; Part C(2) of the Project through PURC, and Part C (3) of the Project through MWH; all with due diligence and efficiency and in conformity with appropriate administrative and financial practicesadministrative, financial, and management practices; and (ii) without any limitation or restriction upon any of its other obligations under this Agreement, shall provideassist GWCL to carry out Parts A, promptly as neededB, C(1), C(4), C(5), C(6) and D of the Project and to perform in accordance with the provisions of the Subsidiary [Loan/Grant] Agreement and the Project Agreement all the obligations of GWCL therein set forth, shall take all actions, including the provision of funds, facilities, services and other resources required for the Projectresources, necessary or appropriate to enable GWCL to perform such obligations. (b) The Recipient shall [relend][make] the proceeds of the Grant [available] allocated to Categories (1) through (7) set forth in Part A.1 of Schedule 1 to this Agreement to GWCL under a Subsidiary [Loan/Grant] Agreement to be entered into between the Recipient and GWCL, under terms and conditions which shall have been agreed by the Association. (c) The Recipient shall exercise its rights under the Subsidiary [Loan/Grant] Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Grant and, except as the Association shall otherwise agree, the Recipient shall not assign the Subsidiary [Loan/Grant] Agreement or make any material amendment, waiver, or voluntary abrogation without the consent of the Association, which consent shall not be unreasonably withheld. (d) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association shall otherwise agree, the Borrower Recipient shall carry out the Project or cause the Project to be carried out in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. Without limitation to its obligations under Section 3.01 of this Agreement, the Recipient shall cause GWCL to: (a) open and maintain an account in Cedis in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association; (b) promptly thereafter, make an initial deposit into such account, in the amount of 500,000,000 Cedis, to finance the Recipient’s contribution to the costs of the Project; (c) use the funds in the Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Grant. Section 3.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan for the future operation of the Project; , and (b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.

Appears in 2 contracts

Samples: Development Grant Agreement, Development Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the Palestinian Authority with due diligence and efficiency and efficiency, in conformity with appropriate administrative administrative, economic, engineering, educational, financial and financial practices, environmental practices and shall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Administrator shall otherwise agree, the Borrower Borrower, through the Palestinian Authority, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions the Palestinian Authority under a Subsidiary Loan Agreements agreement to be entered into between the Borrower and Participating Financial Institutions, the Palestinian Authority under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementAdministrator. (d) The Borrower shall cause the Palestinian Authority: (i) to perform in accordance with the provisions of the Subsidiary Agreement all of the obligations of the Palestinian Authority therein set forth; (ii) to take all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to take or permit to be taken any action which would prevent or interfere with the carrying out of the Project. (e) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower Borrower, the Palestinian Authority and the Association Administrator and to accomplish the purposes of the Credit, and, except as the Association Administrator shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association Administrator shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shallshall cause the Palestinian Authority to: (a) prepare, on the basis of guidelines acceptable to the AssociationAdministrator, and furnish to the Association Administrator not later than six (6) months after the Closing Date Date, or such later date as may be agreed for this purpose between the Borrower Palestinian Authority and the AssociationAdministrator, a plan for to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association Administrator a reasonable opportunity to exchange views with the Borrower Palestinian Authority on said plan.

Appears in 2 contracts

Samples: Trust Fund Credit Agreement, Trust Fund Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, shall shall: (a) carry out Parts A, B, C.1 and D of the Project through SEE with due diligence and efficiency and in conformity with appropriate administrative administrative, technical, financial, educational and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for said Parts of the Project.; and (bi) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall cause each Eligible Entity to carry out the Project corresponding Early Childhood Education Subproject (pursuant to the corresponding Subproject Agreement) with due diligence and efficiency and in conformity with appropriate administrative, technical, financial, educational and environmental practices; (ii) in accordance with each said agreement, take and cause to be taken all action, including the Implementation Program set forth in Schedule 4 provision of funds, facilities, services and other resources, necessary or appropriate to this enable each Eligible Entity to perform its obligations under the corresponding Subproject Agreement; and (iii) not take or permit to be taken any action which would prevent or interfere with the carrying out of the corresponding Early Childhood Education Subproject. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goodsgoods (including the procurement of non-durable goods under Operating Costs), works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan. (a) Without limitation to the provisions of Section 3.01 of this Agreement, the Borrower shall carry out Parts A, B, C.1 and D of the Project, and cause each Eligible Entity to carry out the corresponding Early Childhood Education Subproject, all in accordance with a manual (the Operational Manual), acceptable to the Bank, said manual to include, inter alia: (i) a construction manual (which manual includes, inter alia, provisions for erosion control, pollution control, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions, and restriction on the use of child labor); (ii) a manual for the regional model centers referred to in Part A.1 of the Project (which manual includes, inter alia, the criteria for selecting the sites for the construction of said centers, the criteria for the employment of teachers and administrative staff for said centers under Part A.2 of the Project and the description of the functions of said centers); (iii) the criteria for selecting the sites for the construction of classrooms under Part A.3 of the Project (including the construction design specifications); (iv) the criteria for selecting the classrooms to be renovated/remodeled under Part B.4 of the Project; (v) the environmental guidelines and procedures to be followed by the Borrower in the environmental screening of physical infrastructure under the Project other than physical infrastructure under Early Childhood Education Subprojects as provided in (vi) herein); (vi) a manual for Early Childhood Education Subprojects (which manual includes, inter alia, the criteria for selecting Eligible Entities and approving Early Childhood Education Subprojects, the cut-off date for the approval of Early Childhood Education Subprojects and the environmental guidelines and procedures to be followed by the Borrower in the environmental screening of Early Childhood Education Subprojects which involve the construction of physical infrastructure); (vii) the Project financial management, disbursement and procurement procedures (including the standard bidding documents and standard bid evaluation forms); and (viii) OCI’s organizational structure, functions and responsibilities. (b) In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail. (a) For purposes of carrying out Early Childhood Education Subprojects, and upon approval of an Early Childhood Education Subproject by SEE, the Borrower shall make available, on a grant basis, a portion of the Loan proceeds allocated under Category (5) set forth in the table in paragraph 1 of Schedule 1 to this Agreement to the corresponding Eligible Entity pursuant to an agreement (the Subproject Agreement) to be entered into between the Borrower and said Eligible Entity on terms and conditions satisfactory to the Bank, including, inter alia, the obligation of: (i) said Eligible Entity to: (A) carry out said Early Childhood Education Subproject in accordance with the provisions of this Agreement and the Operational Manual, and to finance with said entity’s own resources (either in cash or in-kind) at least 30% of the cost of the corresponding Early Childhood Education Subproject; (B) (1) maintain a financial management system (including records and accounts and any other information and/or documentation as the Bank may request from time to time), all in accordance with accounting standards acceptable to the Bank consistently applied, adequate to reflect its operations and financial condition and register separately the operations, resources and expenditures related to the carrying out of the corresponding Early Childhood Subproject; and

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall shall, through the FMWR, carry out Parts C.1, C.2 only insofar as dams covered thereunder fall within the Project ownership of the Borrower, and D.1 of the Project, and cause the Participating States, through their respective SWAs, to carry out Parts A, B, C.2, and D.2 of the Project, all with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering, water supply, and financial environmental practices, and shall provide or cause the Participating States to provide, as the case may be, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall shall, through the FMWR, carry out out, and cause the Participating States, through their SWAs, to carry out, the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit available to the Participating Financial Institutions States under a Subsidiary Loan Agreements Credit Agreement to be entered into between the Borrower and each Participating Financial InstitutionsState, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementAssociation. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Credit Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Credit Agreement or any provision thereof. Section 3.02. Without limitation upon the provisions of paragraph (a) Except of Section 3.01 of this Agreement, and except as the Borrower and the Association shall otherwise agree, procurement of the goods, services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepareopen and thereafter maintain, on until completion of the basis of guidelines Project, in NGN, in a commercial bank acceptable to the Association, an FPA, under terms and furnish conditions acceptable to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, including appropriate protection against set-off, seizure or attachment; (b) (i) deposit into the FPA an initial amount in accordance with the provisions of Article 6.01 (a); and (ii) thereafter, on a plan quarterly basis, replenish the FPA by an amount equivalent to $50,000 to finance the Borrower’s contribution for expenditures under the future operation Project other than those financed from the proceeds of the ProjectCredit; and (c) ensure that funds deposited into the FPA in accordance with the provisions of paragraph (b) afford of this Section shall be used exclusively to finance expenditures under the Association Project other than those financed from the proceeds of the Credit. Section 3.03. The Borrower shall, until completion of the Project, cause each Participating State to: (a) open and thereafter maintain, until completion of the Project, in NGN, in a reasonable opportunity commercial bank acceptable to exchange views the Association, an SPA (SPA A, B, and C, respectively, for Kaduna, Kano, and Ogun States), under terms and conditions acceptable to the Association, including appropriate protection against, set-off, seizure or attachment; (b) (i) deposit into its respective SPA an initial amount in accordance with the Borrower provisions of Article 6.01 (c); and (ii) thereafter, on said plana quarterly basis, replenish its respective SPA by the amount required to finance the respective Participating State’s contribution for expenditures under the Project other than those financed from the proceeds of the Credit by issuing an irrevocable letter of authority to the Federal Ministry of Finance to deduct such amount from the allocation due to the respective Participating State out of the Federation Account and to transfer such amount into the respective SPA; and (c) ensure that funds deposited into the respective SPA in accordance with the provisions of paragraph (b) of this Section shall be used exclusively to finance each Participating State’s contribution for expenditures under the Project.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, shall shall: (i) carry out the Project through MAFWM; and (ii) without any limitation or restriction upon any of its other obligations under this Agreement, shall cause HAMAG to carry out Part A.3 of the Project; all with due diligence and efficiency and in conformity with appropriate administrative administrative, environmental and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower Borrower, through MAFWM, shall carry out the Project and shall cause HAMAG to carry out Part A.3 of the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose purposes of carrying out Parts B.1 and B.2 Part A.3 of the Project, the Borrower shall make part of the proceeds of the Credit available Loan, allocated from time to Participating Financial Institutions time to Category (5) in the table set forth in Part A.1 of Schedule 1 to this Agreement, to HAMAG, under Subsidiary Loan Agreements the Administrative Service Agreement, to be entered into between the Borrower Borrower, represented by MOF and Participating Financial InstitutionsMAFWM, and HAMAG under terms and conditions which shall have been approved by the Association to include those set forth in Bank, including, inter alia, the Annex to provisions of Part C of Schedule 4 5 to this Agreement.; (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Administrative Service Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Administrative Service Agreement or any provision thereof. (a) Except as the Association Bank shall otherwise agree, procurement of the goodsworks, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower Borrower, through MAFWM, shall update the Procurement Plan in accordance with guidelines acceptable to the AssociationBank, and furnish such update to the Association Bank not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the AssociationBank’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower Borrower, through MAFWM, shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, end shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, and financial social services practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) For the purposes of Parts A.2 (a) and B.1 (c) of the Project, the Borrower shall make a portion of the proceeds of the Credit available to eligible Beneficiaries under a grant agreement (the Grant Agreement) to be entered into between the CAPMU, through the PIU, and each Beneficiary, under terms and conditions which shall have been approved by the Association and which shall include those set forth in Schedule 5 to this Agreement. (c) The Borrower shall exercise its rights under each Grant Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive a Grant Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, the Borrower shall carry out Part A of the Project through ANSVSA and MAFRD, and Parts B, C and D of the Project through MAFRD, with due diligence and efficiency and in conformity with appropriate financial, technical and administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section Section, and except as the Borrower and the Association Bank shall otherwise agree, the Borrower Borrower, acting through MAFRD and ANSVSA, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall shall, through MAFRD and ANSVSA, update the Procurement Plan in accordance with guidelines acceptable to the AssociationBank, and furnish such update to the Association Bank not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the AssociationBank’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for designed to ensure the future operation continued achievement of the objectives of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project Project, through its Ministry of Finance, with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation upon the provisions of Section 3.01 of this Agreement, and except as the Borrower and the Association shall otherwise agree, the Borrower shall for purposes of making the counterpart contribution to the financing of the Project: (a) open and thereafter maintain in Burundi Francs, until completion of the Project, a project account in a commercial bank under terms and conditions satisfactory to the Association, including appropriate protection against set-off, seizure and attachment; (b) deposit into the Project Account an initial amount equivalent to fifty million Burundi Francs (BIF 50,000,000); (c) at quarterly intervals, replenish the Project Account by amounts required to finance the Borrower’s contribution for expenditures under the Project as shall be agreed upon between the Borrower and the Association; and (d) ensure that the funds deposited into the Project Account in accordance with Paragraph (b) of this Section shall be used exclusively to finance expenditures under the Project.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, end shall carry out Part D of the Project through MOH and Parts A, B, C and E of the Project through CNCS with due diligence and efficiency and in conformity with appropriate administrative administrative, environmental, financial, public health and financial community development practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan for designed to ensure the future operation achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan. Section 3.04. Without limitation upon the provisions of Section 3.01 of this Agreement and except as the Recipient and the Association shall otherwise agree, the Recipient shall: (a) open Project Accounts in commercial banks acceptable to the Association and thereafter maintain the accounts under terms and conditions acceptable to the Association until the completion of the Project; (b) promptly thereafter make: (i) an Initial Deposit in Meticais of an amount equivalent to $100,000 (the Meticais Initial Deposit) into the Project Account A to finance the Borrower’s contribution to Parts A, B, C and E of the Project; and (ii) an Initial Deposit in Meticais of an amount equivalent to $75,000 (the Meticais Initial Deposit) into the Project Account B to finance the Borrower’s contribution to Part D of the Project; and (c) ensure that the funds deposited into the Project Accounts are used exclusively to finance the reasonable cost of goods, works and services incurred under the Project.

Appears in 2 contracts

Samples: Development Grant Agreement, Development Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out cause ECTEL to perform in accordance with the provisions of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practicesAgreement, and all the obligations of ECTEL therein set forth, shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required for the Projectresources, necessary or appropriate to enable ECTEL to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the The Borrower and the Association shall otherwise agreeshall, the Borrower shall carry out the Project in accordance jointly with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Projectother Participating Countries, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered enter into between the Borrower and Participating Financial Institutionsa subsidiary loan agreement with ECTEL, under terms and conditions which shall have been approved by the Association to include those set forth Bank, for the purposes of governing their respective roles in the Annex carrying out of the Project and making the proceeds of the Loan available to Schedule 4 to this AgreementECTEL. (dc) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Except as . In case of any conflict among the Association shall otherwise agree, procurement terms of the goodsSubsidiary Loan Agreement and those of this Agreement and/or the Other Loan and Credit Agreements, services the terms of this Agreement and/or the Other Loan and works required for the Project and to be financed out of the proceeds of the Credit Agreements shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalprevail. Section 3.033.02. For The Bank and the purposes of Section 9.06 Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, the Borrower shall: (aplans and schedules, records and reports, maintenance and land acquisition, respectively) prepare, on the basis of guidelines acceptable shall be carried out by ECTEL pursuant to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation Section 2.03 of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planProject Agreement.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, commercial, legal education and financial judicial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower shall for purposes of making the counterpart contribution to the financing of the Project: (a) open and thereafter maintain, until the completion of the Project, an account in the currency of the Borrower in a commercial bank on terms and conditions satisfactory to the Association (Project Account) into which it shall deposit from time to time its local counterpart contribution to the cost of the Project; (b) promptly thereafter, deposit the initial contribution equivalent to $100,000 into the Project Account by the Effective Date; (c) thereafter, replenish the Project Account up to the initial amount on a quarterly basis throughout the Project implementation until the completion of the Project; and (d) ensure that amounts deposited into the Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods and services for the Project in addition to those financed from the proceeds of the Credit.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the Palestinian Authority with due diligence and efficiency and efficiency, in conformity with appropriate administrative administrative, economic, environmental and financial practices, practices and shall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association Administrator shall otherwise agree, the Borrower Recipient, through the Palestinian Authority, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement, the EMP and the POM. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower The Recipient shall make part of the proceeds of the Credit Grant available to Participating Financial Institutions the Palestinian Authority under Subsidiary Loan Agreements a subsidiary agreement to be entered into between the Borrower Recipient and Participating Financial Institutions, the Palestinian Authority under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementAdministrator. (d) The Borrower Recipient shall cause the Palestinian Authority: (i) to perform in accordance with the provisions of the Subsidiary Agreement all of the obligations of the Palestinian Authority therein set forth; (ii) to take all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to take or permit to be taken any action which would prevent or interfere with the carrying out of the Project. (e) The Recipient shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower Recipient, the Palestinian Authority and the Association Administrator and to accomplish the purposes of the CreditGrant, and, except as the Association Administrator shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association Administrator shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 8.06 of the General Conditions and without limitation thereto, the Borrower shallRecipient shall cause the Palestinian Authority to: (a) prepare, on the basis of guidelines acceptable to the AssociationAdministrator, and furnish to the Association Administrator not later than six (6) months after the Closing Date Date, or such later date as may be agreed for this purpose between the Borrower Palestinian Authority and the AssociationAdministrator, a plan for to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association Administrator a reasonable opportunity to exchange views with the Borrower Palestinian Authority on said plan.

Appears in 2 contracts

Samples: Trust Fund Grant Agreement, Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out out: (i) Parts A.1, A.3 and B.3 of the Project through its Ministry of Works; (ii) Parts A.2, B.1 and C of the Project through its Ministry of Finance; and (iii) Part B.2 of the Project through its Ministry of Lands, Survey and Natural Resources, with due diligence and efficiency and in conformity with appropriate administrative sound administrative, engineering, and financial practices, and social and environment standards, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for Parts A.1, B and C of the Project Project, and Parts A.2 and A.3 of the Project, and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable and paragraph 3 of Schedule 4 to the Associationthis Agreement, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalrespectively. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative financial, administrative, engineering, forestry and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. Section 3.02. Without limitation upon any of its obligations under Section 3.01 of this Agreement, the Borrower shall: (a) maintain the Project Account referred to in Section 6.01 of this Agreement, and shall replenish said account, if necessary, promptly every quarter with sufficient funds to enable the Borrower to meet its obligations under Section 3.01 of this Agreement for such period; (b) use the amount in said Project Account for financing the Borrower’s contribution to Project expenditures; and (c) For ensure that sufficient annual allocations will be made in the purpose of carrying out Parts B.1 and B.2 Borrower’s budget for the Borrower’s counterpart contribution to the costs of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.03. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, through SFD on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the R2E2 Fund, with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Operational Manual, Eligibility Criteria and Procedures for Sub-loans under Part B of the Project set forth in Schedule 6 to this Agreement, and the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions the PFI under a Subsidiary Loan Agreements Agreement to be entered into between the R2E2 Fund on behalf of the Borrower and Participating Financial Institutionsthe PFI, under terms and conditions which shall have been approved by the Association to include those set forth in Association, including the Annex to Schedule 4 to this Agreementterms of the Sub-loans under Part B of the Project. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (e) If the Borrower determines that the PFI has used the funds provided under the Subsidiary Loan Agreement inefficiently or outside the scope and purpose specified in the Subsidiary Loan Agreement, the Borrower may request to return the amount of such funds, either in whole or in part, including the applicable interest calculated up to the payment with prior consultation and agreement with the Association. (a) Except as the Association shall otherwise agree, procurement of the goods, works and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, end shall carry out the Project Project, through DSWD, with due diligence and efficiency and in conformity with appropriate administrative administrative, economic, educational, engineering, financial, and financial management practices, and sound environmental and social standards, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except Section 3.02. Except as the Association Bank shall otherwise agreeagree procurement of goods, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. works and services required for: (a) Except as the Association shall otherwise agree, procurement Part A.1 of the goods, services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of the Annex to Schedule 5 to this Agreement; and (b) Parts A.2, B and C of the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for the future operation continued achievement of the purposes of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative public utility, financial and financial engineering practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Bank and the Association Borrower shall otherwise agree, the Borrower shall shall: (i) carry out Parts A and B of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those action plan set forth in the Annex to Schedule 4 letter supplemental to this AgreementAgreement of even date herewith; (ii) ensure at all times during the carrying out of the Project the coordination of all activities thereunder through the existing project executing unit within the Borrower’s Transmission Directorate; and (iii) maintain said unit for the purposes above (except for changes thereto which, in the opinion of the Bank, shall not adversely affect the carrying out of the Project), until a date not earlier than one year after the last withdrawal from the Loan Account has taken place, with an adequate structure, organization and staff, and provide it with such other resources as shall be necessary or convenient to enable the said unit to discharge its functions and responsibilities. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions Conditions, and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Bank and the AssociationBorrower, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan. (a) The Borrower shall furnish to the Bank: (i) a Project-specific environmental report in respect of each transmission line and ancillary facilities thereto to be constructed under Part B of the Project, each such report to include a detailed environmental management plan designed to mitigate undesirable effects on human populations and natural resources during construction and operation of the line and facilities in question; and (ii) a resettlement plan, based on the detailed engineering for the construction in question, designed to relocate certain households affected by the construction and/or operation of each of the aforesaid lines and facilities (which have been estimated to be currently about 40 households, in the aggregate), and/or to compensate other households also affected, all located along the corresponding corridors to be used for construction of transmission lines under the Project. (b) Each of the reports and plans referred to in paragraph (a) above shall be presented to the Bank in a timely fashion, account being taken of the then current action plan referred to in paragraph (b) (i) of Section 3.01 of this Loan Agreement, so as to afford the Bank a reasonable opportunity to give its comments thereon, and to enable the Borrower to introduce in the plan or plans in question all reasonable changes thereto that the Bank shall have requested, if any, and to comply with the provisions of paragraph (c) of this Section. (c) Without limitation or restriction upon the provisions of paragraph (e) of this Section and in respect of each of the works included in Part B of the Project, the Borrower shall not: (i) invite bids for the works in question unless the corresponding environmental management and resettlement plans have been agreed between the Bank and the Borrower; and (ii) authorize any contractor to initiate the line construction and assembly phase of the contract in question unless: (A) each of the persons affected by the works under such contract shall have been provided, pursuant to the corresponding resettlement plan, with enforceable rights to a new home or adequate compensation, or both, as such person may be entitled to under such plan; and (B) evidence thereof shall have been furnished to the Bank in a manner satisfactory to the Bank. (d) The Borrower shall execute in a timely manner all of the actions included in each environmental management plan and resettlement plan agreed pursuant to the provisions of subparagraph (i) of the preceding paragraph of this Section and shall not change any of such plans unless otherwise agreed with the Bank. (e) Without limitation or restriction upon the provisions of the preceding paragraphs of this Section or of Section 9.09 of the General Conditions, and in respect of the aforesaid lines and facilities, the Borrower shall not authorize the initiation of the line construction and assembly phase of the works in question, unless all the corresponding land and right in respect of land required for the carrying out of such works shall have been acquired. (a) The Borrower shall, commencing in 1996 and until the year in which the last withdrawal from the Loan Account takes place, undertake to complete jointly with the Bank on a date to be agreed with the Bank on each year but which shall be not later than four months counted from the end of the preceding Borrower’s fiscal year, an annual review of all aspects related to the execution of the Project during the preceding year, the Borrower’s financial situation and local funding capability in subsequent years. (b) After completion of each of the aforesaid reviews, the Borrower shall take such remedial action concerning Project execution as the Bank shall have reasonably requested. Section 3.06. The Borrower shall: (a) before the end of each year, commencing in 1995, submit to the Bank for approval two plans of specific activities under each of Parts C.1 and C.2 of the Project (including terms of reference and, if required, procurement procedures therefor), in respect of which the expenditures under such Parts of the Project to be financed with the proceeds of the Loan shall be incurred during the following year; and

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out cause EEHC to perform in accordance with the provisions of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practicesAgreement all the obligations of EEHC therein set forth, and shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required for the Projectresources, necessary or appropriate to enable EEHC to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the The Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of re-lend the proceeds of the Credit available Loan to Participating Financial Institutions EEHC under a Subsidiary Loan Agreements Agreement to be entered into between the Borrower and Participating Financial InstitutionsEEHC, under terms and conditions acceptable to the Bank, including, inter alia: (i) repayment of principal, and payment of interest, charges and premium in accordance with Article II of this Agreement; (ii) payment of any other charges which shall have been approved may be required by the Association Borrower; and (iii) foreign exchange risk to include those set forth in the Annex to Schedule 4 to this Agreementbe borne by EEHC. (dc) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, services goods and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable 1 to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalProject Agreement. Section 3.03. For The Bank and the purposes of Section 9.06 Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, the Borrower shall: (aplans and schedules, records and reports, maintenance and land acquisition, respectively) prepare, on the basis of guidelines acceptable shall be carried out by EEHC pursuant to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation Section 2.03 of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planProject Agreement.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project Project, through its MOPH, with due diligence and efficiency and in conformity with appropriate medical, public health, environmental, including medical waste management, financial, and administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose purposes of carrying out Parts B.1 and B.2 Part A.1 (a)-(d) of the Project, the Borrower shall make part of shall, through the MOPH, allocate proceeds of the Credit available not exceeding those allocated to Participating Financial Institutions under Subsidiary Loan Agreements Category (5) of the table in Part A.1 of Schedule 1 to this Agreement to be entered into between the Borrower and Participating Financial Institutions, used to finance WPA Grants under terms and conditions which shall have been approved by the Association to Association, and which shall include those the terms and conditions set forth in the Annex to Part B.2 of Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests For purposes of Part A.2 (d) of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agreeProject, the Borrower shall, through the MOPH, allocate proceeds of the Credit not exceeding those allocated to Category (6) of the table in Part A.1 of Schedule 1 to this Agreement to be used to finance Subproject Grants under terms and conditions which shall not assignhave been approved by the Association, amend, abrogate or waive and which shall include the Subsidiary Loan Agreements or any provision thereofterms and conditions set forth in Part C.2 of Schedule 4 to this Agreement. (a) Except as the Association shall otherwise agree, procurement of the goods, works and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. Without limitation upon the provisions of paragraph (a) of Section 3.01 of this Agreement, and except as the Borrower and the Association shall otherwise agree, the Borrower shall, through its MOPH, to finance its contribution for expenditures under the Project other than those financed from the proceeds of the Credit: (a) open a Project Account in accordance with the provisions of Section 6.01 (a) of this Agreement, and thereafter maintain such account throughout Project implementation; (i) make an Initial Deposit of GNF 350 million into the Project Account in accordance with the provisions of Section 6.01 (a) of this Agreement; and (ii) thereafter, on a quarterly basis, or whenever the account is below GNF 175 million, replenish the Project Account; and (c) ensure that funds deposited into the Project Account in accordance with the provisions of paragraph (b) of this Section shall be used exclusively to finance expenditures under the Project other than those financed from the proceeds of the Credit. Section 3.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the Directorate General of Community Empowerment of its Ministry of Home Affairs with due diligence and efficiency and in conformity with appropriate administrative administrative, agricultural, engineering, and financial practicespractices and sound environmental and social standards acceptable to the Association, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative agricultural, administrative, financial and financial practicestechnical practices and with due regard to ecological and environmental factors, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association Bank shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) Section 3.02. For the purpose purposes of carrying out Parts B.1 and B.2 Part A(1)(a) of the Project, the Borrower Recipient shall make part allocate an amount of the proceeds GEF Trust Fund Grant not exceeding such amount as may be allocated from time to time to Category (4) of the Credit available table in paragraph A.1 of Schedule 1 to Participating Financial Institutions under Subsidiary Loan Agreements this Agreement, to be entered into between provide Sub-grants to finance Sub-projects, on the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by acceptable to the Association to include Bank, including, inter alia, those set forth conditions specified in the Annex to paragraph 6 of Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.03. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit GEF Trust Fund Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.

Appears in 2 contracts

Samples: Global Environment Facility Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative and financial water resources management practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower shall: (i) no later than August 31, 2008, appoint implementation support consultants, with the terms of reference satisfactory to the Association; (ii) by March 31, 2008, for the first year and no later than March 31 each year, prepare and furnish to the Association for review and comment, an annual program and budget requirements for Part A and Part B FCD/FCDI schemes to be financed by the Association; (iii) no later than June 30 of each year, prepare and furnish to the Association for review and comment, annual work program and budget for the entire Project; and (iv) no later than January 31, 2008, appoint a Procurement Panel, as referred to in paragraph 10 of Schedule 4 to this Agreement. Section 3.05. The Borrower, following participatory scheme cycle management (PSM) approach, shall: (a) carry out the system improvement (rehabilitation and improvement) works in accordance with acceptable design standards and construction specifications and in accordance with the RPF, the EMF and individual scheme Environmental Management Plans; and (b) carry out the Operation and Maintenance (O&M) performance improvement activities in accordance with acceptable design standards and maintenance specifications.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through MDRAMA, assisted by its Vice Ministry of Land and PCU, with due diligence and efficiency and in conformity with appropriate public utility, administrative and financial practices, and with due regard for environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) The Borrower shall, pursuant to the Project Decree, make the proceeds of the Credit available to BDP under a BDP Administration Agreement to be entered into between the Borrower, through MDRAMA, and BDP, under terms and conditions which shall have been approved by the Association. (c) The Borrower, through MDRAMA, shall exercise its rights under the BDP Administration Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower, through MDRAMA, shall not assign, amend, abrogate or waive the BDP Administration Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with this Agreement and the Implementation Program set forth in Schedule 4 to this AgreementPOM. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. Section 3.02. (a) Except as the Association shall otherwise agree, procurement of the goods, works and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out cause CDR to perform, in accordance with the provisions of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practicesAgreement, and all the obligations of CDR therein set forth, shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required for the Projectresources, necessary or appropriate to enable CDR to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit Loan available to Participating Financial Institutions CDR on a grant basis under a Subsidiary Loan Agreements Agreement to be entered into between the Borrower and Participating Financial InstitutionsCDR, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementBank. (dc) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable 1 to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalProject Agreement. Section 3.03. For The Bank and the purposes of Section 9.06 Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods, works and without limitation theretoservices, the Borrower shall: (aplans and schedules, records and reports, maintenance and land acquisition, respectively) prepare, on the basis of guidelines acceptable shall be carried out by CDR pursuant to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation Section 2.03 of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planProject Agreement.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, shall without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall: (i) carry out Part A.2 of the Project through MDFO; and (ii) cause LLDA to carry out Parts A.1, A.3 and B of the Project, in accordance to the provisions of the Institutional Memorandum of Agreement, all with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial practicesengineering practices and sound environmental and social standards acceptable to the Bank, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the execution of the Project., and shall not take or permit to be taken any action which would prevent or interfere with such performance; (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agreethrough MDFO, the Borrower shall carry out Part A.2 of the Project and shall cause LLDA to perform Parts A.1, A.3 and B of the Project in accordance with with: (A) the Implementation Program set forth in Schedule 4 to this Agreement; and (B) the Operations Manual. (c) For shall enter into an Institutional Memorandum of Agreement with DOF, DENR and LLDA, setting forth their respective responsibilities for the purpose of carrying out Parts B.1 and B.2 implementation of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial InstitutionsProject , under terms and conditions which shall have been approved by satisfactory to the Association to include those set forth in the Annex to Schedule 4 to this Agreement.Bank; (d) The Borrower shall exercise its rights and comply with its obligations under the Subsidiary Loan Agreements Institutional Memorandum of Agreement in such manner as to protect the interests of the Borrower and the Association Bank, and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not change, assign, amend, abrogate or waive the Subsidiary Loan Agreements Institutional Memorandum of Agreement, or any provision thereof. In case of any conflict between the provisions of this Agreement and those of the Institutional Memorandum of Agreement, the provisions of this Agreement shall prevail. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and services and works required for Part A.2 of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Annex 1 to Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for designed to ensure the future operation continued achievement of the objectives of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project through DEAT with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial practicespest management practices and with due regard to ecological and environmental factors and to the health and safety of workers, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) The Recipient shall duly perform its obligations under the Conventions and shall exercise its rights thereunder in such manner as to protect the interests of the Recipient and the Bank and to accomplish the purposes of the Project, and without limitation to the generality of the foregoing, undertake all such actions as may be necessary and proper to ensure the safe and effective treatment and/or disposal of Obsolete Pesticides and Associated Waste under the Project. (c) Without limitation upon the provisions of paragraph paragraphs (a) and (b) of this Section Section, and except as the Borrower Recipient and the Association Bank shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association Bank shall otherwise agree, procurement of the goods, works, consultants’ services and works Disposal Services required for the Project and to be financed out of the proceeds of the Credit GEF Trust Fund Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the AssociationBank, and furnish such update to the Association Bank not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the AssociationBank’s approval. Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan for designed to ensure the future operation continued achievement of the objectives of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan. Section 3.04. For the avoidance of doubt, the Bank and Recipient agree that the Project activities are potentially hazardous, involving as they do potentially dangerous chemicals; that the Bank shall not be responsible for execution of the Project activities, including any activities undertaken by any partners in or contractors to the Project; that the Bank shall at no time during the course of the Project acquire any legal title to or obligations in respect of any Obsolete Pesticides, Associated Waste or the equipment used to dispose of, treat, handle or transport any of the same; and that the Bank shall not be liable if the Project activities cause any loss or damage of any kind whatsoever.

Appears in 2 contracts

Samples: Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall shall: (i) carry out, and cause to be carried out, Part A of the Project through the Participating Banks; (ii) carry out, and cause to be carried out, Part B of the Project through Bank of Mongolia; and (iii) carry out Parts C and D of the Project through its Ministry of Finance and Economy; all with due diligence and efficiency and in conformity with appropriate administrative administrative, management, financial and financial banking standards and practices, and shall provide, and cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) For purposes of paragraph (a)(i) of this Section and Part A of the Project, the Borrower shall make available to each Participating Bank part of the proceeds of the Credit allocated from time to time to Categories (1)(b), (2)(b) and (3)(b) set forth in the table in Schedule 1 to this Agreement, under a subsidiary loan agreement acceptable to the Association which will include the following principal terms: (i) The principal amount to be made available shall be the equivalent in Dollars (determined on the date, or respective dates, of withdrawal from the Credit Account or payment out of the MOFE Special Account, as the case may be) of the value of the currency or currencies so withdrawn or paid out on account of the cost of goods and services required for said Participating Bank’s Respective Part of the Project and to be financed out of the proceeds of the Credit. (ii) The principal amount so made available shall be recovered in Dollars, over a period of twenty (20) years, inclusive of a grace period of five (5) years. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate of three percent (3%) per annum. (c) Without limitation upon the provisions of paragraph paragraphs (a) and (b) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out out, and cause to be carried out, the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation continued achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through its MoE with due diligence and efficiency and in conformity with appropriate financial, economic, environmental and administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower Recipient shall update the Procurement Plan in accordance with guidelines terms of reference acceptable to the Association, and furnish such update to the Association not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. Without limitation upon any of its obligations under paragraph (a) of Section 3.01 of this Agreement and except as the Recipient and the Association shall otherwise agree, the Recipient shall: (i) not later than by the effectiveness of this Agreement open a separate project account (the Project Account) in a commercial bank acceptable to the Association; (ii) thereafter maintain the Project Account during the entire Project implementation period, and replenish said Account regularly with funds sufficient to ensure the Recipient’s Project co-financing obligations; and (iii) use the amount in the Project Account exclusively for financing the Recipient’s contribution to Project expenditures. Section 3.04. For the purposes of Section 9.06 6.09 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.

Appears in 2 contracts

Samples: Development Grant Agreement, Development Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the MFPRD with due diligence and efficiency and in conformity with appropriate administrative administrative, business, financial, environmental and financial technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the works, goods, and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement. Section 3.03. Without limitation to its obligations under Section 3.01 of this Agreement, as said provisions may be further elaborated the Borrower shall for the purposes of the Project: (a) open and maintain, until the completion of the Project, an account in Cape Verde Escudos in the Procurement Plan.BCV (the Project Account), on terms and conditions satisfactory to the Association; (b) The promptly thereafter deposit into the Project Account an initial amount in Cape Verde Escudos equivalent to $30,000 (the Initial Deposit); (c) thereafter, at quarterly intervals, deposit into the Project Account the amounts required to finance the Borrower’s contribution for expenditures under the Project for the ensuing quarterly period, as shall be agreed between the Borrower shall update the Procurement Plan in accordance with guidelines acceptable to and the Association, ; and (d) ensure that the amounts deposited into the Project Account pursuant to paragraphs (b) and furnish such update (c) above shall be used only to finance expenditures under the Association Project which are not later than 12 months after otherwise financed or to be financed by the date of the preceding Procurement Plan, for the Association’s approvalCredit. Section 3.033.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for to ensure the future operation achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, and to this end, shall carry out the Project through UCPS with due diligence and efficiency and in conformity with appropriate administrative administrative, social, financial, cultural and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Borrower, through UCPS, and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association Bank shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the General Procurement Plan. (b) The Borrower Borrower, through UCPS, shall update the General Procurement Plan in accordance with guidelines acceptable the provisions of paragraph 4 of Schedule 5 to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalthis Agreement. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower Borrower, through UCPS, shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Borrower, through UCPS, and the AssociationBank, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Borrower, through UCPS, on said plan.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall shall: (i) coordinate the Project at national level through the NPCU; and (ii) cause the Participating States to carry out the Project at State and local levels through the respective PCUs, all with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, pedagogic and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part relend a portion of the proceeds of the Credit available to the Participating Financial Institutions States under Subsidiary Loan Credit Agreements to be entered into between the Borrower and Participating Financial InstitutionsStates, under terms and conditions which shall have been approved by the Association to Association, and which shall include those the terms and conditions set forth in the Annex to Schedule 4 5 to this Agreement. (d) The Borrower shall exercise its rights under the each Subsidiary Loan Agreements Credit Agreement in such a manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive any of the Subsidiary Loan Credit Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goodsworks, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shallshall cause each Participating State to: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower shall cause FMOE to: (a) carry out the Environmental Management Plan, and prior to construction and rehabilitation of school facilities, establish environmental impact assessment procedures satisfactory to the Association for the design and procurement of such works; and (b) prior to carrying out any Subproject under Part A(d) of the Project which would displace any Affected Persons or adversely affect their standards of living, or their rights, usufructs or customary rights to land or other resources under the Project, ensure that: (i) all rights to land, rights, usufructs or customary rights and other property are allocated or acquired, compensation therefor is paid, and resettlement is carried out in accordance with the principles and institutional procedures established in the Resettlement Policy Framework; ensure that Affected Persons shall be compensated, resettled and rehabilitated in accordance with the Resettlement Policy Framework; prepare and furnish to the Association, for each Subproject where there are Affected Persons, a detailed resettlement action plan acceptable to the Association; document the implementation arrangements for resettlement, including compensation, relocation and rehabilitation of Affected Persons; and

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall shall: (i) carry out its (including FANA’s, FATA’s and ICT’s) activities under the Project through NACP with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, medical and financial public health practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for its (including FANA’s, FATA’s, and ICT’s) activities under the Project; and (ii) without any limitation or restriction upon any of its other obligations under the Financing Agreement, cause the Provinces and AJK to perform in accordance with the provisions of the Project Agreement all the obligations of the Provinces and AJK therein set forth, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the Provinces and AJK to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall, and shall cause the Provinces and AJK to, carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this AgreementAgreement and their respective PIPs. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit Financing available to Participating Financial Institutions under Subsidiary Loan Agreements the Provinces and AJK from time to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth time in the Annex to Schedule 4 to this Agreementaccordance with its standard budgetary procedures. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Financing shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation designed to ensure sustainability of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of their activities under the Project shall be carried out by the Provinces and AJK pursuant to Section 2.03 of the Project Agreement.

Appears in 2 contracts

Samples: Development Financing Agreement, Development Financing Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services services, and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan. Section 3.04. In order to assist the Recipient in carrying out the Project, the Recipient shall appoint a nationalized commercial bank to be responsible for Project-related banking activities (Participating Banks), for which purpose, the Recipient shall enter into a Participation Agreement, satisfactory to the Association; such Participation Agreement to provide, inter alia, for: (a) the procedures for distributing education allowances and LC Grants; (b) the Participating Bank’s responsibilities on maintaining records; and (c) auditing of the Participating Bank’s activities under the Project.

Appears in 2 contracts

Samples: Development Grant Agreement, Development Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through NTSC, with due diligence and efficiency and in conformity with appropriate administrative administrative, management, financial, engineering and financial traffic management practices, and sound environmental and social standards acceptable to the Association; and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out out, and cause to be carried out, the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, Association and furnish such update to the Association not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through MARD, MOF, the Project Provinces and the Participating Agencies with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, and financial practicesengineering practices and sound environmental and social standards acceptable to the Association, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation continued achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, : (i) shall carry out Part A of the Project through MOPT with due diligence and efficiency and in conformity with appropriate administrative administrative, engineering, financial and financial telecommunications practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part A of the Project; and (ii) without any limitation or restriction upon any of its other obligations under this Development Credit Agreement, shall cause BTRC to perform in accordance with the provisions of the Project Agreement all the obligations of BTRC therein set forth, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable BTRC to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Part A of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of available to BTRC the proceeds of the Credit available allocated from time to Participating Financial Institutions time to the Categories (1)(b), (2)(b) and (3)(b), under a Subsidiary Loan Agreements Grant Agreement to be entered into between the Borrower and Participating Financial Institutions, BTRC under terms and conditions which shall have been approved by satisfactory to the Association to include those set forth in the Annex to Schedule 4 to this AgreementAssociation. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Grant Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Grant Agreement or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of Part A of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of Part B of the Project shall be carried out by BTRC pursuant to the provisions of Section 2.03 of the Project Agreement. Section 3.05. The Borrower shall, by no later than January 1, 2004, appoint a Project Accountant in MOPT, with terms of reference satisfactory to the Association.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out Parts A and B of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering, social and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Parts A and B of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A and B of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose Without any limitation or restriction upon any of carrying out Parts B.1 and B.2 of the Projectits other obligations under this Agreement, the Borrower shall cause NEA to perform in accordance with the provisions of the Project Agreement all the obligations of NEA therein set forth, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable NEA to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (d) The Borrower shall make part of the proceeds of the Credit Financing allocated from time to time to Category 3 of the table in paragraph 1 of Schedule 1 to this Agreement available to Participating Financial Institutions NEA under a Subsidiary Loan Agreements Financing Agreement to be entered into between the Borrower and Participating Financial Institutions, NEA under terms and conditions satisfactory to the Association, and which shall have been approved include: (i) repayment of principal in twenty-five years with a grace period of five years; (ii) interest at a rate of 10.25% per annum, or such other rate as may be agreed by the Association Borrower and NEA, acceptable to include those set forth in the Annex to Schedule 4 to this AgreementAssociation; and (iii) the bearing by the Borrower of any foreign exchange risks. (de) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Financing Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the CreditCredit and the Grant, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Financing Agreement, or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants’ services and works required for Parts A and B of the Project and to be financed out of the proceeds of the Credit Financing shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of Part C of the Project, shall be carried out by NEA pursuant to Section 2.04 of the Project Agreement. Section 3.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Association and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the objectives of Parts A and B of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.05. The Borrower shall, no later than December 31, 2003, prepare and furnish to the Association, a Vulnerable Communities Development Plan (VCDP), satisfactory to the Association, for the purpose of the carrying out of Community Subgrants under Part B of the Project, including, inter alia, guidelines and procedures for the informed participation of ethnic and indigenous people, as defined by the laws of the Borrower, and for the preparation, adoption and implementation of culturally appropriate plans to mitigate or offset adverse impact of the Project upon them.

Appears in 2 contracts

Samples: Development Financing Agreement, Development Financing Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, technical, financial, environmental, and financial education practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement PlanPlans. (b) The Borrower shall update the Procurement Plan Plans in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement PlanPlans, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation designed to ensure continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower, for the purpose of making available its counterpart contribution to the financing of the Project, shall: (a) open and maintain, for the duration of the Project, an account in Birr in NBE, on terms and conditions satisfactory to the Association (the “Project Account”); (b) promptly thereafter, make an initial deposit in an amount of Birr 170,000 to finance its contribution to the costs of the Project; (c) thereafter deposit into the Project Account on a quarterly basis, the amount required to timely replenish said Project Account back to the amount of the initial deposit; and (d) ensure that amounts deposited into the Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods and services for the Project in addition to those financed from the proceeds of the Credit.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project through MoEYS with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial technical practices, and with due regard to ecological and environmental factors, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section Section, and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) Section 3.02. For the purpose purposes of carrying out Parts B.1 and B.2 Part A.2 of the Project, the Borrower shall make part of the proceeds allocate an amount of the Credit available not exceeding such amount as may be allocated from time to Participating Financial Institutions under Subsidiary Loan Agreements time to be entered into between Category (1) of the Borrower table in paragraph 1 of Schedule 1 to this Agreement, to provide Grants to finance Subprojects, in accordance with the procedures and Participating Financial Institutions, under on the terms and conditions which shall have been approved by the Association to include those set forth or referred to in the Annex to paragraph 6 of Schedule 4 to this Agreement, and on such other terms and conditions as shall be acceptable to the Association. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.03. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. (a) Without limitation upon its obligations under Section 3.01 of this Agreement, the Borrower shall open, in FTBC and on terms and conditions satisfactory to the Association, a project account in Dollars, to be operated and maintained by PIU, into which it shall deposit from time to time its local counterpart contribution to the cost of the Project. (b) The Borrower shall: (i) make an initial deposit of the equivalent of $30,000 into the Project Account; and (ii) thereafter deposit into the Project Account the balance of the Borrower’s counterpart contribution to the cost of the Project, in thirteen consecutive quarterly installments of $40,000 each, payable quarterly in advance, beginning on July 1, 2000, or in such other installments as may be agreed from time to time with the Association. (c) Funds deposited in the Project Account shall be applied solely for the purposes of defraying the cost of expenditures incurred for the execution of the Project, and not otherwise financed out of the proceeds of the Credit.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall shall: (i) coordinate the Project at national level through the NPCU; and (ii) cause the Participating States to carry out the Project at State and local levels through the respective PCUs, all with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, pedagogic and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part relend a portion of the proceeds of the Credit available to the Participating Financial Institutions States under Subsidiary Loan Credit Agreements to be entered into between the Borrower and Participating Financial InstitutionsStates, under terms and conditions which shall have been approved by the Association to Association, and which shall include those the terms and conditions set forth in the Annex to Schedule 4 5 to this Agreement. (d) The Borrower shall exercise its rights under the each Subsidiary Loan Agreements Credit Agreement in such a manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive any of the Subsidiary Loan Credit Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goodsworks, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shallshall cause each Participating State to: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower shall cause FMOE to: (a) carry out the Environmental Management Plan, and prior to construction and rehabilitation of school facilities, establish environmental impact assessment procedures satisfactory to the Association for the design and procurement of such works; and (b) prior to carrying out any Subproject under Part A(d) of the Project which would displace any Affected Persons or adversely affect their standards of living, or their rights, usufructs or customary rights to land or other resources under the Project, ensure that: (i) all rights to land, rights, usufructs or customary rights and other property are allocated or acquired, compensation therefor is paid, and resettlement is carried out in accordance with the principles and institutional procedures established in the Resettlement Policy Framework; (ii) ensure that Affected Persons shall be compensated, resettled and rehabilitated in accordance with the Resettlement Policy Framework; (iii) prepare and furnish to the Association, for each Subproject where there are Affected Persons, a detailed resettlement action plan acceptable to the Association; (iv) document the implementation arrangements for resettlement, including compensation, relocation and rehabilitation of Affected Persons; and (v) complete the implementation of such resettlement action plan in a manner satisfactory to the Association.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through PO-RALG, the Participating LGAs, and the DLAs, with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, environmental, social and financial technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project, and shall not take or permit to be taken any action which would prevent or interfere with the carrying out of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as the said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower shall for purposes of making the counterpart contribution to the financing of the Project: (a) open, or cause to be opened, and thereafter maintain, until the completion of the Project, Project Account A and B in Tanzania Shillings in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association; (b) deposit, or cause to be deposited, into the Project Account A an initial contribution of the Tanzania Shilling equivalent of three hundred fifty thousand Dollars ($350,000) and into Project Account B an initial contribution of the Tanzania Shilling equivalent of one hundred thousand Dollars ($100,000) by the Effective Date, as provided in Section 6.01 (a) of this Agreement; (c) deposit, or cause to be deposited not later than April 1, 2005, a further contribution into Project Account A of the Tanzania Shilling equivalent of three hundred fifty thousand Dollars ($350,000) and into Project Account B the Tanzania Shilling equivalent of one hundred thousand Dollars ($100,000); (d) thereafter, during each subsequent Fiscal Year of Project implementation, deposit, or cause to be deposited, into the Project Accounts by July 1, October 1, January 1 and April 1, such amounts as shall have been agreed upon with the Association; and (e) ensure that amounts deposited into the Project Accounts shall be used exclusively to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods, works and services for the Project in addition to those financed from the proceeds of the Credit.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out Parts B.3 and C.2-3 of the Project through MININFRA and RURA with due diligence and efficiency and in conformity with appropriate administrative financial, administrative, energy, engineering, public utility, environmental, and financial social practices, and shall provide, promptly as needed, the funds, facilities, services services, and other resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under this Agreement, the Borrower shall cause ELECTROGAZ to perform in accordance with the provisions of the Project Agreement all the obligations of ELECTROGAZ therein set forth, shall take and cause to be taken all action, including the provision of funds, facilities, services, and other resources, necessary or appropriate to enable ELECTROGAZ to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts B.3 and C.2-3 of the Project through MININFRA and RURA, and cause ELECTROGAZ to carry out Parts A, B.1-2, and C.1 of the Project, in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (cd) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions ELECTROGAZ under a subsidiary agreement (hereinafter referred to as the Subsidiary Loan Agreements Agreement) to be entered into between the Borrower and Participating Financial InstitutionsELECTROGAZ, under terms and conditions which shall have been approved by the Association to Association, which shall include those the provisions set forth in the Annex to Part B of Schedule 4 to this Agreement. (de) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate abrogate, or waive the Subsidiary Loan Agreements Agreement or any provision thereof. Section 3.02. Without limitation upon the provisions of paragraph (a) of Section 3.01 of this Agreement, and except as the Borrower and the Association shall otherwise agree, the Borrower shall: (a) proactively seek, in collaboration with the Democratic Republic of Congo and the Republic of Burundi, to complete the financial restructuring of SINELAC through agreement of a plan for such purpose; and (b) perform, and cause ELECTROGAZ to perform, with due diligence and efficiency, all of its obligations under such plan. Section 3.03. Without limitation upon the provisions of paragraph (a) of Section 3.01 of this Agreement, and except as the Borrower and the Association shall otherwise agree, the Borrower shall: (a) open a Project Account in accordance with the provisions of Article 6.01 (d), and thereafter maintain, until completion of the Project, such Project Account; (b) (i) deposit into the Project Account an initial amount in accordance with the provisions of Article 6.01 (d); and (ii) thereafter, on a quarterly basis, replenish the Project Account by an amount equivalent to that withdrawn from the Project Account since the previous replenishment, to finance the Borrower’s contribution for expenditures under the Project other than those financed from the proceeds of the Credit; and (c) ensure that funds deposited into the Project Account in accordance with the provisions of paragraph (b) of this Section shall be used exclusively to finance expenditures under the Project other than those financed from the proceeds of the Credit. (a) Except as the Association shall otherwise agree, procurement of the goods, works, and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update through MININFRA and RURA in respect of Parts B.3 and C.2-3 of the Project, and cause ELECTROGAZ to update in respect of Parts A, B.1-2, and C.1 of the Project, the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.05. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepareprepare through MININFRA and RURA in respect of Parts B.3 and C.2-3 of the Project, and cause ELECTROGAZ to prepare in respect of Parts A, B.1-2, and C.1 of the Project, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan plan, of such scope and detail as the Association shall reasonably request, for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.06. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance, and land acquisition, respectively) in respect of Parts A, B.1-2, and C.1 of the Project shall be carried out by ELECTROGAZ pursuant to Section 2.03 of the Project Agreement.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project.shall: (b) Without limitation upon the provisions of paragraph (a) assign the responsibility for the administration of this Section and except as Part A of the Project to the Administrating Institutions under an agreement (the Administration Agreement) to be concluded between the Borrower and the Association shall otherwise agreeAdministrating Institutions under terms and conditions satisfactory to the Bank, the Borrower shall carry out the Project in accordance with the Implementation Program set forth including those specified in Schedule 4 to this Agreement.; (b) make available to IGEME the amount of $500,000 equivalent, allocated from the proceeds of the Loan for the carrying out of Part B of the Project; (c) For relend to the purpose TURK EX-IM Bank the amount of $900,000 equivalent, allocated from the proceeds of the Loan for the carrying out Parts B.1 and B.2 of Part C of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements a subsidiary loan agreement to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions the TURK EX- IM Bank which shall have been approved by provide, inter alia, for the Association obligations of the TURK EX-IM Bank: (i) to include those set forth repay to the Borrower the amount so onlent over the same period specified for the repayment of the Loan under Schedule 3 to this Agreement and with commitment charge and interest at the same rates applicable to the Loan under Sections 2.04 and 2.05, respectively, of this Agreement; and (ii) to make such repayment of principal and payment of interest and commitment charge in the Annex same amounts and currencies in which the Borrower’s debt service obligations, with respect to Schedule 4 such amount, shall be payable to this Agreement.the Bank; (d) include in the arrangements under which parts of the proceeds of the Loan will be made available to IGEME and the TURK EX-IM Bank pursuant to paragraphs (b) and (c) above, provisions whereby IGEME and the TURK EX-IM Bank shall: (i) carry out Part B and Part C of the Project, respectively, with due diligence and efficiency, in accordance with appropriate technical, managerial and financial practices and pursuant to a time schedule acceptable to the Borrower and the Bank; (ii) provide to the Borrower and the Bank semiannual reports on progress in their respective activities under said Parts of the Project; (iii) with respect to TURK EX-IM Bank, procure the computer equipment and materials to be financed from the proceeds of the Loan for purposes of Part C of the Project, on the basis of price quotations obtained from not less than three eligible suppliers; and (iv) employ, in order to assist each in the carrying out of such activities, consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank. Such consultants shall be selected in accordance with principles and procedures satisfactory to the Borrower and the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by The World Bank as Executing Agency" published by the Bank in August 1981; and (e) carry out the study provided under Part D of the Project under terms of reference and a time-schedule agreeable to the Borrower and the Bank, and employ, by June 30, 1988, pursuant to the provisions of paragraph (d)(iv) of this Section, consultants to assist in the carrying out of said study. Section 3.02. The Borrower shall exercise its rights under the Administration Agreement and the Subsidiary Loan Agreements Agreement in such manner as to to: (a) protect the interests interest of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. Bank; (b) The Borrower shall update comply with its obligations under this Agreement; and (c) achieve the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date objectives of the preceding Procurement Plan, for the Association’s approvalProject. Section 3.03. For In order to increase the purposes efficiency of Section 9.06 IGEME’s role in the promotion of the General Conditions and without limitation theretoexport, the Borrower shall:shall take, by December 31, 1988, all reasonable action required: (i) to ensure effective representation on IGEME’s Board for private exporters; and (ii) to strengthen the management of IGEME’s operations. (a) prepareSection 3.04. The Borrower shall consider, on by June 30, 1988, the basis suitability of guidelines acceptable introducing a reference rate for foreign currency loans to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, provided under XXXXX at a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planfloating interest rate.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out out: (i) Part A of the Project through DILG; (ii) Part B.2 of the Project through DENR and DA; and (iii) Parts B.1 and C of the Project through DOF, respectively, with due diligence and efficiency and in conformity with appropriate administrative administrative, economic, environmental, financial and financial practices, management practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 6 to this Agreement. (c) For The Borrower shall, in respect of Part A of the purpose Project, make available to DILG the relevant portion of carrying out Parts B.1 the Loan proceeds under terms and conditions satisfactory to the Bank. To that end, the Borrower shall make such funds available to DILG under a MOA to such effect, satisfactory to the Bank, between DOF and DILG. (d) The Borrower shall, in respect of Part B.2 of the Project, make available to DENR and DA the relevant portions of the Loan proceeds under terms and conditions satisfactory to the Bank. To that end, the Borrower shall make part of the proceeds of the Credit such funds available to Participating Financial Institutions DENR and DA under Subsidiary Loan Agreements MOAs to be entered into such effect, satisfactory to the Bank, between the Borrower DOF and Participating Financial InstitutionsDENR and DA, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreementrespectively. (de) The Borrower shall exercise its rights under each of the Subsidiary Loan Agreements Memoranda of Agreement entered into pursuant to the provisions of paragraphs (c) and (d) above, in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements such Memoranda of Agreement or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for: (a) Parts A and works required for B the Project and to be financed out of the proceeds of the Credit Loan; and (b) Part C of the Project (regardless of the source of financing), shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for the future operation continued achievement of the purposes of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project Project, through its Ministry of Agricultural Development, with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, educational, and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services services, and other resources resources, required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works, and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association Association, not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation upon its obligations under Section 3.01 of this Agreement, the Borrower shall: (a) open and maintain, until the completion of the Project, a Project account (the Project Account), on terms and conditions satisfactory to the Association; (b) deposit into the Project Account an initial deposit in the amount of FCFA 30,000,000 (the Initial Deposit) and thereafter, at semiannual intervals, deposit into the Project Account such amounts as are estimated to be required for the ensuing six- month period and as shall be agreed upon between the Borrower and the Association; and (c) ensure that the amounts deposited into the Project Account in accordance with paragraph (b) of this Section shall be used exclusively for expenditures under the Project not otherwise financed from the proceeds of the Credit.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower HV declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and, to this end, shall and shall cause SPSC to carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial environmental practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) HV shall make available the proceeds of the Loan allocated from time to time to Categories (1), (2) and (3) in the table set forth in paragraph 1 of Schedule 1 to the Loan Agreement under the Implementation Agreement, under terms and conditions which shall have been approved by the Bank. (c) HV shall exercise its rights under the Implementation Agreement in such manner as to protect the interests of the Borrower and the Bank, and to accomplish the purposes of the Project, and, except as the Bank shall otherwise agree, HV shall not assign abrogate or waive the Implementation Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Bank and the Association HV shall otherwise agree, the Borrower HV shall carry out the Project Project, through SPSC, in accordance with the Implementation Program set forth in Schedule 4 2 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 2.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 1 to this Agreement. (a) HV shall carry out or cause to be carried out the obligations set forth in Sections 9.04, as said provisions may be further elaborated 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Procurement PlanProject Agreement. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower HV, through SPSC, shall: (ai) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower Bank and the AssociationHV, a plan for the future operation of the Project; and (bii) afford the Association Bank a reasonable opportunity to exchange views with the Borrower HV on said plan. Section 2.04. HV shall duly perform all its obligations under the Subsidiary Loan Agreement. Except as the Bank shall otherwise agree, HV shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Loan Agreement or any provision thereof. (a) HV shall and shall cause SPSC, at the request of the Bank, to exchange views with the Bank with regard to progress of the Project, the performance of their obligations under this Agreement and under the Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan. (b) HV shall and shall cause SPSC to promptly inform the Bank of any condition which interferes or threatens to interfere with the progress of the Project, the accomplishment of the purposes of the Loan, or the performance by HV of its obligations under this Agreement and under the Subsidiary Loan Agreement.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project through MARN, with the assistance of CNR as set forth below, with due diligence and efficiency and in conformity with appropriate administrative administrative, environmental, economic, social, financial, and financial technical practices, and in accordance with the Operational Manual, the CNR Participation Agreement and the ISTA Participation Agreement, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon to the provisions of paragraph (a) above, prior to carrying out any activity under Part B.1 of this Section and except as the Borrower and the Association shall otherwise agreeProject, the Borrower Recipient, through MARN, shall carry out enter into an agreement with CNR (the Project in accordance with CNR Participation Agreement), under terms and conditions satisfactory to the Implementation Program Bank, including those set forth in Schedule 4 the Operational Manual with respect to this Agreementthe role of CNR in the delimitation of Protected Areas under the Project. (c) For Without limitation to the purpose provisions of paragraphs (a) and (b) above, prior to carrying out Parts B.1 and any activity under Part B.2 of the Project, the Borrower Recipient, through MARN, shall make part of enter into an agreement with ISTA (the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial InstitutionsISTA Participation Agreement), under terms and conditions which shall have been approved by satisfactory to the Association to include Bank, including those set forth in the Annex Operational Manual with respect to Schedule 4 the role of ISTA in the transfer of the Pilot Protected Areas to this AgreementMARN. (d) The Borrower Recipient, through MARN, shall exercise its rights and carry out its obligations under the Subsidiary Loan Agreements CNR Participation Agreement and the ISTA Participation Agreement, in such a manner as to protect the interests of the Borrower Recipient and the Association Bank and to accomplish the purposes of the CreditGEF Trust Fund Grant, and, except as the Association Bank shall otherwise agree, the Borrower Recipient, through MARN, shall not amend, assign, amendabrogate, abrogate suspend, terminate, waive or waive fail to enforce the Subsidiary Loan Agreements CNR Participation Agreement, the ISTA Participation Agreement or any provision thereof. (a) Except as the Association Bank shall otherwise agree, procurement of the goods, works and services and works required for the Project and to be financed out of the proceeds of the Credit GEF Trust Fund Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the AssociationBank, and furnish such update to the Association Bank not later than 12 months after the date of the preceding Procurement Plan, for the AssociationBank’s approval. (a) The Recipient, through MARN, shall issue an operational manual (the Operational Manual), satisfactory to the Bank, setting forth rules and procedures for the carrying out of the Project, such manual to include, inter alia: (i) the duties and responsibilities of MARN, ISTA and CNR in Project implementation; (ii) the technical, legal, administrative, financial, procurement and monitoring procedures for Project implementation; (iii) the Process Framework, which shall include the prohibition of involuntary resettlement in the NPAS; (iv) the Environmental Procedures; and (v) the updated management plans referred to in Part B.3 of the Project. (b) The Operational Manual may be amended by MARN from time to time with the prior approval of the Bank. In the case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail. Section 3.033.04. The Recipient, through MARN, shall, throughout the course of Project implementation, maintain a Project coordinating unit (the PCU) with functions, staffing and responsibilities satisfactory to the Bank, including without limitation a coordinator responsible for overseeing the day-to-day implementation of Project activities, a procurement officer, and a financial management officer. Section 3.05. The Recipient, through MARN, shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the indicators set forth in Schedule 4 to this Agreement, the carrying out of the Project and the achievement of the objective thereof; (b) prepare, under terms of reference satisfactory to the Bank, and furnish to the Bank not later than six months after the Effective Date and semestrally thereafter, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objective thereof during the period following such date; and (c) review with the Bank, not later than two months after the date of such report, or such later date as the Bank shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objective thereof, based on the conclusions and recommendations of the said report and the Bank’s views on the matter. Section 3.06. Without limitation to the provisions of Section 3.01 of this Agreement, the Recipient shall: (a) not later than October 31, of each year of Project implementation, starting in the year 2006, prepare and furnish to the Bank an annual work program, acceptable to the Bank, containing the Project activities to be carried out during the calendar year following the date of presentation of said program to the Bank, and a timetable for the completion of said Project activities during the year in question; and (b) thereafter carry out said program in accordance with its terms, and in a manner acceptable to the Bank. Section 3.07. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.

Appears in 1 contract

Samples: Global Environment Facility Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, : (i) shall carry out Parts A, B and C of the Project through MOAC, with due diligence and efficiency and in conformity with appropriate administrative administrative, environmental, and financial agricultural practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project; and (ii) without any limitation or restriction upon any of its other obligations under this Agreement, shall cause SUA to carry out Part D of the Project with due diligence and efficiency and in conformity with appropriate administrative, environmental, agricultural and educational practices, and shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable SUA to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A, B and C of the Project and cause SUA to carry out Part D of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit Credit, not exceeding such amount as may be allocated from time to time to Categories (2) (b) and (5) (b) in the table in paragraph 1 of Schedule 1 to this Agreement, available to Participating Financial Institutions SUA as a grant under Subsidiary Loan Agreements a subsidiary agreement to be entered into between the Borrower and Participating Financial InstitutionsSUA, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementAssociation. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, and except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Association and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. For the purposes of Part B.2 of the Project, the Borrower shall: (a) not later than June 30, 1999, establish a ZARF in the three designated pilot agricultural research zones (Ilonga, Naliendele and Selian), under terms of reference satisfactory to the Association and deposit into each ZARF an amount not exceeding $200,000 out of proceeds of the Credit allocated to Category (4) of the table in paragraph 1 of Schedule 1 to this Agreement; and (b) use the funds in the ZARFs exclusively for making Research Grants to Beneficiaries who meet the criteria specified in paragraph 2 of Schedule 4 to this Agreement under the terms and conditions and following the procedures set forth in the Guidelines.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, end shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, educational and financial practices, environmental practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for the carrying out of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines terms of reference acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Association and furnish to the Association not no later than six one (61) months month after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for safeguarding the future operation objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall: (a) until the completion of the execution of the Project open and maintain an account in UM in a commercial bank (the Project Account) on terms and conditions satisfactory to the Association; (b) pay into the Project Account an initial amount of UM 50,000,000 (the Initial Deposit) to finance the Borrower’s contribution to the expenditures required under the Project; (c) thereafter during each following quarter, deposit into the Project Account the amount required to cover the Borrower’s counterpart contribution for each such following quarter, as determined by the Borrower and the Association; and (d) ensure that the funds deposited into the Project Account in accordance with paragraphs (b) and (c) of this Section shall be used exclusively to finance expenditures required under the Project other than those financed from the proceeds of the Credit or any Other Financing Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project through MOA with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, agricultural extension and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation to the provisions of Section 3.01 (a) above the Borrower shall: (a) for the purposes of the Project, open and maintain in TSh, in a commercial bank, a Project Account, on terms and conditions satisfactory to the Association; and (b) deposit into said Project Account, at quarterly intervals, such amounts as are estimated to be required for the carrying out of the Project during the ensuing quarter, or such other amounts as shall be agreed between the Borrower and the Association. Section 3.05. The Borrower shall, by not later than July 31 in each year, commencing July 31, 1997, furnish evidence, satisfactory to the Association, that amounts provided in the MOA budget for the Project were released in a timely manner for the intended purposes. (a) The Borrower shall carry out, jointly with the Association, not later than December 31, 1998, a mid-term review of the Project. This review shall cover, inter alia, (i) the extent to which the development and other objectives of the Project have been achieved, (ii) compliance with the financial audit and other obligations of the Borrower, (iii) the provision of funds for the Project by the Borrower; and (iv) the implementation of the Project; (b) the Borrower shall furnish to the Association, at least thirty days prior to such review, a report, in scope and detail, satisfactory to the Association, describing the status of progress regarding the items listed in paragraph (a) above and of Project implementation generally; and (c) based on such review, the Borrower shall promptly prepare an action plan, acceptable to the Association, for the further implementation of the Project, and shall thereafter implement such action plan.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall carry out out, or cause to be carried out, the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial public health practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon any provisions of this Agreement, the Borrower shall cause each of the Core Project States to carry out its respective activities under the Project in accordance with a Letter of Undertaking satisfactory to the Association, to be executed and furnished to the Borrower by each Core Project State, and the provisions set forth in Schedule 4 to this Agreement. (c) Without limiting any of its obligations under this Agreement, the Borrower: (i) shall take and cause to be taken all actions, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable each Project State to perform all the obligations of such Project State set forth in this Agreement and, in the case of Core Project States, its respective Letter of Undertaking; and (ii) shall not take or permit to be taken any action which would prevent or interfere with such performance. (d) Without limitation upon the provisions of paragraph paragraphs (a) and (c) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out out, and shall cause each Project State to carry out, the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (ce) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements each Project State for such parts of the Project to be entered into between carried out by such Project State in accordance with the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by Borrower’s standard arrangements for development assistance to the Association to include those set forth in the Annex to Schedule 4 to this AgreementStates. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end: (i) without limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause YRWHDC to carry out Parts A through C of the Project with due diligence and efficiency and in conformity with appropriate financial, economic, engineering and public utility practices and sound health, safety and environmental standards acceptable to the Bank, and to perform all of its other obligations set forth in the Project Agreement in accordance with the provisions thereof, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable YRWHDC to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance; and (ii) the Borrower shall carry out Parts D and E of the Project through MWR with due diligence and efficiency and in conformity with appropriate financial, economic and administrative practices and financial practicessound environmental standards acceptable to the Bank, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Projectpurpose. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out take the Project actions set forth in accordance with the Implementation Program set forth in Schedule 4 to this AgreementAgreement in order to ensure the proper implementation of the Project and the achievement of its objectives. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable 1 to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalProject Agreement. Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower shall: : (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) 6 months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan, consolidating the plan for prepared and furnished by YRWHDC pursuant to Section 2.03(b) of the future operation Project Agreement, designed to ensure the continued achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out the Project through MOF and FER, all with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon on the provisions of paragraph (a) of this Section Section, and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For Section 3.02. In order to facilitate the purpose of efficient carrying out Parts B.1 and B.2 of the Project, the Borrower Borrower, through the MOF, shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered enter into between the Borrower and Participating Financial Institutionsa project implementation agreement (Project Implementation Agreement) with FER, under terms and conditions which shall have been approved by the Association Bank, and which shall include, but not be limited to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof.following: (a) scope of responsibilities and description of activities to be carried out by FER during the execution of the Project, consistent with Schedule 5 to this Agreement; (b) basis of FER financing related to expenditures incurred in connection with the Project; and (c) reporting, accounting and auditing requirements. Section 3.03. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Bank and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial practices, fisheries management practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with with: (i) the Project Implementation Plan in a manner satisfactory to the Association. The said plan shall at all times be satisfactory to the Association and shall cover all components of the Project, subject to modifications based on implementation experience and the midterm review referred to in Section 3.07 of this Agreement; and (ii) the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For Without limitation upon the purposes provisions of Section 9.06 Article IX of the General Conditions and without limitation theretoConditions, the Borrower shall: (a) prepare, on the basis of guidelines acceptable prepare and furnish to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan plan, of such scope and in such detail as the Association shall reasonably request, for the future operation of the Project; and; (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan; and (c) thereafter carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Association’s comments thereon. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, for the purposes of this Project: (a) open and maintain an account (the Project Account) in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association; (b) deposit into the Project Account an initial amount equivalent to $100,000; (c) prepare, not later than October 31 of each year, a budget for the succeeding fiscal year specifying by quarter the Borrower’s contribution to the financing of the Project, as estimated by the Borrower in consultation with the Association, as part of the annual review referred to in paragraph 4 of Schedule 4 to this Agreement; (d) deposit into said account, promptly before each fiscal quarter, the Borrower’s contribution to the financing of the Project required for such ensuing quarter; and (e) ensure that amounts deposited into the Project Account pursuant to paragraphs (b) and (d) above shall be used only to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods and services for the Project. Section 3.05. The Borrower shall: (a) not later than September 30 of each year, furnish to the Association for its review and comments the annual training program for the following calendar year; and (b) thereafter implement the training program taking into account the views of the Association. Section 3.06. The Borrower shall, not later than June 30, 1996, furnish evidence satisfactory to the Association that revised draft fisheries legislation acceptable to the Association has been presented to the Borrower’s Parliament. Section 3.07. The Borrower shall: (a) carry out, jointly with the Association not later than December 31, 1997, a midterm review of the progress made in carrying out the Project and the Program. The midterm review shall cover, among other things, the effectiveness of: (i) fisheries management plans, (ii) DOF in the collection and use of fisheries statistics, (iii) management plans on the regeneration of marine demersal stocks, (iv) the pilot aquaculture program, (v) the institutional strengthening program, and (vi) the MCS system in the management of fisheries resources; (b) at least sixty days prior to the midterm review, furnish to the Association a report describing the status of items listed in paragraph (a) above and of Project and Program implementation generally; and (c) not later than two weeks after the midterm review, prepare an action program acceptable to the Association to deal with deficiencies in Project and Program implementation identified during the review and shall thereafter implement such action program.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, : (i) shall carry out Part B of the Project through MPU, all with due diligence and efficiency and in conformity with appropriate administrative and financial practicesadministrative, financial, engineering, and shall environmental practices and provide, promptly as needed, the funds, facilities, services and other resources required for the Project; and (ii) without any limitation or restriction upon any of its other obligations under this Agreement, shall cause WWA to perform in accordance with the provisions of the Project Agreement all the obligations of WWA therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable WWA to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) The Borrower shall make the proceeds of the Loan allocated from time to time to Categories (1) and (2) (a) of the table in paragraph 1 of Schedule 1 to this Agreement available to WWA under an implementation agreement to be entered into between the Borrower and WWA under terms and conditions which shall have been approved by the Bank. (c) The Borrower shall exercise its rights under the Implementation Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan and, except as the Bank shall otherwise agree, shall not assign, amend, abrogate or waive the Implementation Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section and and, except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. The Borrower and the Bank hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports and maintenance, respectively) shall be carried out by WWA pursuant to Section 2.03 (a) of the Project Agreement. Section 3.04. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Bank and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.05. The Borrower shall implement the Environmental Mitigation Plan in accordance with the timetable contained therein.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, : (i) shall carry out Parts A.2, B and C of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practices, practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Parts of the Project; and (ii) without limitation or restriction upon any of its other obligations under the Development Credit Agreement, the Borrower shall cause FID to perform all its obligations set forth in the Project Agreement, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable FID to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section Section, and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A.2, B and C of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of available to FID, on a grant basis, the proceeds of the Credit available allocated to Participating Financial Institutions Category (1) of the table set forth in paragraph 1 of Schedule 1 to this Agreement under Subsidiary Loan Agreements a Convention to be entered into between the Borrower and Participating Financial InstitutionsFID, under on terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementAssociation. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Convention in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, Credit and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Convention or any provision thereof. (e) Without limitation upon the provisions of this Section, the Borrower shall, for the purposes of making available its contri- bution to the Project, open and maintain in a commercial bank: (i) in the name of the BPS for Parts A.2, B and C of the Project, a separate account and make an initial contribution of the equiva- lent of $75,000 into such account; and (ii) in the name of FID for Part A.1 of the Project, a separate account and make an initial contribution of the equivalent of $75,000 into such account; said accounts to be replenished at least on a quarterly basis or whenever their respective balance shall be less than the equivalent of $25,000 up to the amount of the initial contribution. (a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Without limitation to its obligations under paragraph (a) of this Section and subject to the provisions of said paragraph, the Borrower shall update shall, through the Procurement Plan in accordance with guidelines acceptable BPS, employ a specialized consulting firm or agency, satisfactory to the Association, and furnish such update to assist in the Association not later than 12 months after the date execution of Part A.2 of the preceding Procurement Plan, for the Association’s approvalProject. Section 3.03. For The Borrower and the purposes of Section 9.06 Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, the Borrower shall: (aplans and schedules, records and reports, maintenance and land acquisition, respectively) prepare, on the basis in respect of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation Part A.1 of the Project; and (b) afford Project shall be carried out by FID pursuant to Section 2.03 of the Association a reasonable opportunity to exchange views with the Borrower on said planProject Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project through MINAGRA with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial practicesengineering practices and with due regard to ecological, biodiversity and environmental factors, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association Trustee shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this AgreementAgreement and the Project Implementation Manual. (c) For the purpose Section 3.02. Without limitation upon any of carrying out Parts B.1 and B.2 its obligations under Section 3.01 of the Projectthis Agreement, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof.Recipient shall: (a) establish and thereafter maintain until completion of the Project a Project Account (hereinafter referred to as Project Account) in CAA on terms and conditions satisfactory to the Trustee to be used exclusively for the purposes of meeting expenditures incurred under the Project; and (b) deposit into the Project Account, promptly before each fiscal quarter, sufficient funds to finance the Recipient’s contribution to the cost of the Project for such fiscal quarter, as estimated by the Recipient in consultation with the Trustee. Section 3.03. Except as the Association Trustee shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit GET Grant and the Belgian Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. Section 3.04. (ba) The Borrower Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after November 30, 1998 carry out jointly with the date Trustee, a midterm review of the preceding Procurement Plan, for Project during which they shall exchange views generally on all matters relating to the Association’s approval. Section 3.03. For the purposes of Section 9.06 progress of the General Conditions Project and without the performance by the Recipient of its obligations under this Agreement. Without limitation theretoupon the foregoing, the Borrower shall: review shall cover, inter alia: (ai) prepare, an assessment of the Project strategy; (ii) an assessment of the management of the wildlife and its habitat and biodiversity conservation; (iii) an evaluation of the effectiveness and profitability of natural resource utilization; (iv) an analysis of the impact of the Project on the basis socio-economic development in the Project Sites; (v) an assessment of guidelines acceptable to the Association, Project management and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation an analysis of the ProjectProject impact on institutional development and local capacity building; and (bvi) afford a review of the Association monitoring indicators for Project performance and impact; and (vii) an analysis of the monitoring and evaluation process established under the Project and a reasonable opportunity review of the feedback process to exchange views with the Borrower on said planProject management.

Appears in 1 contract

Samples: Global Environment Facility Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower Banrural declares its commitment to the objectives of the Project as set forth in Schedule 2 3 to this the Loan Agreement, and, and to this end, shall carry out Parts B, C (ii) and (D) (ii) of the Project with due diligence and efficiency and in conformity with appropriate administrative sound administrative, financial, industrial and financial agricultural practices, and shall provide, or cause to be provided, promptly as needed, the all funds, facilities, services and other resources required by FICART for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section, Banrural shall enter into the contractual arrangements referred to in Section and except 2.02 (a) (iii) of the Guarantee Agreement. Except as the Borrower and the Association Bank shall otherwise agree, the Borrower Banrural shall not change or fail to enforce any provision of such contractual arrangements. (c) Banrural shall carry out the lending operations under Part B of the Project in accordance with sound operational policies and in conformity with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 principles and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those procedures set forth in the Annex to Schedule 4 to this AgreementAgreement and FICART Lending Policies and Operating Manual. Section 2.02. (da) The Borrower Banrural shall exercise its cause, unless the Bank shall otherwise agree, all Sub-loans included in Part B of the Project to he made on terms whereby the Participating Bank shall obtain, by written contract with the Beneficiary or by other appropriate legal means, rights under the Subsidiary Loan Agreements in such manner as adequate to protect the interests of the Borrower Banrural and the Association Participating Bank and to accomplish the purposes of the CreditProject, and, except as including the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement right of the goodsParticipating Bank to: (i) require the Beneficiary to carry out and operate the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, industrial, agricultural, and managerial standards and to maintain adequate records; (ii) require that: (A) the goods and services and works required for the Project and to be financed out of the proceeds of the Credit Sub-loan shall be governed purchased at a reasonable price, account being taken also of other relevant factors such as time of delivery and efficiency and reliability of the goods and availability of maintenance facilities and spare parts therefor and, in the case of services, of their quality and the competence of the parties rendering them and, to the extent practicable, after evaluation and comparison of quotations from at least three suppliers, and (B) such goods and services shall be used exclusively in the carrying out of the Sub-project; (iii) inspect, by itself or jointly with representatives of the Bank and Banrural if the Bank shall so request, such goods aid the sites, works, plants and construction included in the Sub-project, the operation thereof, and any relevant records and documents; (iv) require that the Beneficiary shall take out and maintain with responsible insurers such insurance, against such risks and in such amounts, as shall he consistent with normal business practice; and that Curb insurance cover hazards incident to the acquisition, transportation and delivery of goods financed out of the proceeds of Sub-loans to the place of use or installation, and that any indemnity thereunder be made payable in a currency freely usable by the provisions of Schedule 3 Beneficiary to this Agreement, replace or repair such goods; (v) obtain all such information as said provisions may be further elaborated in Banrural or the Procurement Plan. (b) The Borrower Participating Bank shall update the Procurement Plan in accordance with guidelines acceptable reasonably request relating to the Association, foregoing and furnish such update to the Association not later than 12 months after the date administration, operation and financial condition of the preceding Procurement Plan, for Beneficiary; and (vi) suspend or terminate the Association’s approval. Section 3.03. For the purposes of Section 9.06 right of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable Beneficiary to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation use of the Project; and (b) afford proceeds of the Association a reasonable opportunity Sub-loan upon failure by such Beneficiary to exchange views perform any of its obligations under its contract with the Borrower on said planParticipating Bank.

Appears in 1 contract

Samples: Banrural Project Agreement

Execution of the Project. (a) The Borrower ADF declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Development Credit Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial engineering practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Association and the Association ADF shall otherwise agree, the Borrower ADF shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 2 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 2.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 1 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.032.03. For Without limitation upon the purposes provisions of Section 9.06 Article IX of the General Conditions and without limitation theretoConditions, the Borrower ADF shall: (a) prepare, on the basis of guidelines acceptable to the Association, prepare and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower ADF and the Association, a plan plan, of such scope and in such detail as the Association shall reasonably request, for the future operation of the Project; and; (b) afford the Association a reasonable opportunity to exchange views with the Borrower ADF on said plan; and (c) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Association’s comments thereon. Section 2.04. ADF shall, until the Project completion, employ an executive director whose experience and qualifications shall be at all times acceptable to the Association, and consult with the Association with respect to the replacement of the executive director prior to any such replacement. Section 2.05. ADF shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project Agreement. Section 2.06. ADF shall duly perform all its obligations under the Subsidiary Agreement. Except as the Association shall otherwise agree, ADF shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Agreement or any provision thereof. Section 2.07. (a) ADF shall, at the request of the Association, exchange views with the Association with regard to the progress of the Project, the performance of its obligations under this Agreement and under the Subsidiary Agreement, and other matters relating to the purposes of the Credit.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall cause the SAT pursuant to the provisions of the Subsidiary Agreement to carry out the Project with due diligence and efficiency and in conformity with appropriate financial, management, administrative and financial taxation practices, and shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required for resources, necessary or appropriate to enable the SAT to carry out the Project, and shall not take or permit to be taken any action which would prevent or interfere with the carrying out of the Project by the SAT. (b) Without limitation upon The Borrower shall make the provisions proceeds of paragraph the Loan available to the SAT under a subsidiary agreement (athe Subsidiary Agreement) of this Section and except as to be entered into between the Borrower and the Association SAT, under terms and conditions satisfactory to the Bank which shall otherwise agreeinclude, inter alia, the Borrower shall SAT’s obligation to carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to provisions of this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights and comply with its obligations under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the Credit, Loan and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate abrogate, terminate, waive or waive fail to enforce the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower shall: shall cause the SAT to: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

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Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, : (i) shall carry out Part A of the Project with due diligence and efficiency and in conformity with appropriate administrative financial, administrative, environmental and financial community development practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project; and (ii) without any limitation or restriction upon any of its other obligations under the Development Credit Agreement, shall cause each of the Project States to perform in accordance with the provisions of their respective Project Agreement all the obligations of such Project States therein set forth, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable such Project States to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of relend the proceeds of the Credit available allocated to Participating Financial Institutions Part B of the Project to the Project States under Subsidiary Loan Agreements subsidiary financing agreements to be entered into between the Borrower and Participating Financial Institutionseach Project State, under on the same terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to as this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Financing Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the any Subsidiary Loan Agreements Financing Agreement or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation sustainability of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on the said plan. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall: (a) open and thereafter maintain, until the completion of the Project, an account (the NPC Project Account) in Naira, in a commercial bank, on terms and conditions satisfactory to the Association; (b) promptly thereafter make an initial deposit in Naira of an amount equivalent to US$60,000 (Initial Deposit) into such account to finance the Borrower’s contribution to the Project; (c) thereafter deposit into the NPC Project Account by January 1 each year during Project implementation such amounts as shall be required and agreed upon with the Association to timely replenish the Project Account back to the amount of the initial deposit referred to in paragraph (b); and (d) use the funds in the NPC Project Account exclusively to finance expenditures under the Project. Section 3.05. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of Part B of the Project shall be carried out by the Project States pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall: (i) through MOC, carry out Part B of the Project with due diligence and efficiency and in conformity with appropriate engineering, rural electrification, cooperatives, financial, administrative and financial managerial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part B of the Project; and (ii) shall cause PLN to perform in accordance with the provisions of the Project Agreement all the obligations of PLN therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable PLN to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the The Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available Loan relend to Participating Financial Institutions PLN an amount equivalent to $325,000,000 under Subsidiary Loan Agreements a subsidiary loan agreement to be entered into between the Borrower and Participating Financial InstitutionsPLN, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementBank. (dc) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) (i) of this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall carry out Part B of the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement. Section 3.02. Except as the Association Bank shall otherwise agree, procurement of of: (a) the goods, goods and consultants’ services and works required for Part A of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 1 to the Project Agreement; and (b) the goods and consultants’ services required for Part B of the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For The Bank and the purposes of Section 9.06 Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, the Borrower shall: (aplans and schedules, records and reports, maintenance and land acquisition, respectively) prepare, on the basis in respect of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation Part A of the Project; and (b) afford Project shall be carried out by PLN pursuant to Section 2.03 of the Association a reasonable opportunity to exchange views with the Borrower on said planProject Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, educational, environmental and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement, the PIP and the Environmental Management Plan. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement. Section 3.03. Without limitation to its obligations under Section 3.01 of this Agreement, as said provisions may be further elaborated the Borrower shall, for the purposes of making available its counterpart contribution to the financing of the Project: (a) open and maintain an account (the Project Account) in its Central Bank on terms and conditions satisfactory to the Procurement Plan.Association; (b) The Borrower shall update make an initial deposit into such account, in an amount equivalent to one hundred and twenty five thousand United States dollars (US$125,000), to finance the Procurement Plan in accordance with guidelines acceptable Borrower’s contribution to the AssociationProject for the first six months; (c) thereafter deposit into the Project Account at least once every six months, and furnish such update amounts as shall be required to replenish the Project Account back to the Association not later than 12 months after the date level of the preceding Procurement Plan, for initial deposit referred to in paragraph (b) above; and (d) use the Association’s approvalProject Account funds exclusively to finance expenditures under the Project. Section 3.033.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower Section 2.01. SONADER declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, the Development Credit Agreement and, to this end, shall carry out Parts B, C.2 (b) and D.2 (b) of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, agricultural extension, research and financial environmental practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for said Parts B, C.2 (b) and D.2 of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) 2.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the implementation of Parts B, C.2 (b) and D.2 of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this the Development Credit Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.032.03. For SONADER shall carry out the purposes of Section 9.06 obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Borrower Project Agreement and more specifically, in respect of Parts B, C.2 (b) and D.2 of the Project. Section 2.04. SONADER shall duly perform all its obligations under the Subsidiary Grant Agreement. Except as the Association shall otherwise agree, SONADER shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement or any provision thereof. Section 2.05. SONADER shall: : (a) prepareparticipate fully in the annual reviews and the midterm review referred to in paragraph 2, on the basis of guidelines acceptable Schedule 4 to the AssociationDevelopment Credit Agreement and paragraph (f) of Section 3.02 of the Development Credit Agreement, and respectively, and, to this end, shall: (i) furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationAssociation such reports as may be required for that purpose, a plan for and in such detail as the future operation Borrower or the Association shall reasonably request, on the progress and status of Parts B, C.2 (b) and D.2 of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate educational, administrative and financial pedagogic practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. In carrying out the Project, the Borrower shall, until completion of the Project, maintain a system, satisfactory to the Association, which shall provide for the flow of funds to MOEYS, GES, NCTE and the BMCs for the purposes of carrying out parts of the Project in their areas. Section 3.05. The Borrower, through MOEYS, shall: (a) carry out the Environmental and Social Management Framework, and prior to construction and rehabilitation of education facilities, establish environmental impact assessment and mitigation procedures satisfactory to the Association for the design and procurement of such works; and (b) prior to construction of any education facilities under the Program which would displace any Affected Persons or adversely affect their standards of living, or their rights, usufructs or customary rights to land or other resources under the Project, ensure that: all rights to land, rights, usufructs or customary rights and other property are allocated or acquired, compensation therefor is paid, and resettlement is carried out in accordance with the principles and institutional procedures established in the Resettlement Policy Framework; ensure that Affected Persons shall be compensated, resettled and rehabilitated in accordance with the Resettlement Policy Framework; prepare and furnish to the Association, for each educational facility where there are Affected Persons, a detailed resettlement action plan acceptable to the Association; document the implementation arrangements for resettlement, including compensation, relocation and rehabilitation of Affected Persons; and carry out such resettlement action plan in a manner satisfactory to the Association.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end: (i) shall cause ICAT and ITRA, shall respectively, to carry out Parts A and Part B, respectively, of the Project with due diligence and efficiency and in conformity with appropriate administrative managerial, technical, agricultural, and financial environmental practices, shall take, or cause to be taken, all action, including the provision of funds, facilities, services and other resources necessary, or appropriate, to enable ICAT and ITRA, respectively, to carry out Part A and B, respectively, of the Project, and shall not take, or permit to be taken, any action which would prevent, or interfere with, the carrying out of Parts A and B, respectively, of the Project by ICAT and ITRA, respectively; and (ii) shall carry out Parts C and D of the Project with due diligence and efficiency and in conformity with appropriate managerial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Parts C and D of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall cause ICAT and ITRA to carry out Parts A and B, respectively, of the Project Project, and shall carry out Parts C and D, all in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit allocated from time to time to Categories 1 (a), 2 (a), 3 (c), 4 (a), and 5 (a) of the table in paragraph 1 of Schedule 1 to this Agreement for Part A of the Project available to Participating Financial Institutions ICAT, under Subsidiary Loan Agreements an agreement to be entered into between the Borrower and Participating Financial InstitutionsICAT, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementAssociation. (d) The Borrower shall make the proceeds of the Credit allocated from time to time to Categories 1 (b), 2 (b), 3 (b), 4 (b) and 5 (b) of the table in paragraph 1 of Schedule 1 to this Agreement for Part B of the Project available to ITRA under an agreement to be entered into between the Borrower and ITRA, under terms and conditions which shall have been approved by the Association. (e) The Borrower shall exercise its rights under the Subsidiary Loan Agreements ICAT Multi-year Program Agreement and the ITRA Multi-year Program Agreement in such a manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, Credit and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements ICAT Multi-year Program Agreement, the ITRA Multi-year Program Agreement, or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions Conditions, and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the Project’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation upon the provisions of Section 3.01 of this Agreement, the Borrower shall: (a) (i) cause ICAT to open, and maintain for the duration of the Project implementation, an account (the ICAT Account) in a commercial bank acceptable to the Association and on terms and conditions satisfactory to the Association; and

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower Section 2.01. Megionneftegas declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and, to this end, shall carry out Part A of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial oil field practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for Part A of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) 2.02. Except as the Association Bank shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for Part A of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of the Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.032.03. For Megionneftegas shall carry out the purposes of Section 9.06 obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Borrower shall:Megionneftegas Project Agreement and Part A of the Project. Section 2.04. Megionneftegas shall duly perform all its obligations under the Megionneftegas Subsidiary Loan Agreement. Except as the Bank shall otherwise agree, Megionneftegas shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Megionneftegas Subsidiary Loan Agreement or any provision thereof. Section 2.05. (a) prepareMegionneftegas shall, on at the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation request of the Project; and (b) afford the Association a reasonable opportunity to Bank, exchange views with the Borrower on said planBank with regard to the progress of Part A of the Project, the performance of its obligations under this Agreement and under the Megionneftegas Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan.

Appears in 1 contract

Samples: Megionneftegas Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall shall: (i) carry out Part A of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, engineering, financial and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part A of the Project; and (ii) cause OPCOM to carry out Part C of the Project with due diligence and efficiency and in conformity with appropriate administrative, engineering, financial and environmental practices, and shall cause OPCOM to provide, promptly as needed, the funds, facilities, services and other resources required for Part C of the Project. (b) The Borrower shall use a portion of the proceeds of the Loan to assist OPCOM in implementing Part C of the Project under a Financing and Project Implementation Agreement to be entered into between the Borrower and OPCOM, under terms and conditions which shall have been approved by the Bank. (c) The Borrower shall exercise its rights under the Financing and Project Implementation Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Financing and Project Implementation Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out Part A of the Project Project, and shall cause OPCOM to carry out Part C of the Project, in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for Parts A and C of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date a plan for the future operation of the Project or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the ProjectBank; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of: (a) Part A of the Project shall be carried out by the Borrower; and (b) Part C of the Project shall be carried out by OPCOM pursuant to the Financing and Project Implementation Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall shall: (i) carry out Part A of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, engineering, financial and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part A of the Project; and (ii) cause OPCOM to carry out Part C of the Project with due diligence and efficiency and in conformity with appropriate administrative, engineering, financial and environmental practices, and shall cause OPCOM to provide, promptly as needed, the funds, facilities, services and other resources required for Part C of the Project. (b) The Borrower shall use a portion of the proceeds of the Loan to assist OPCOM in implementing Part C of the Project under a Financing and Project Implementation Agreement to be entered into between the Borrower and OPCOM, under terms and conditions which shall have been approved by the Bank. (c) The Borrower shall exercise its rights under the Financing and Project Implementation Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Financing and Project Implementation Agreement or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out Part A of the Project Project, and shall cause OPCOM to carry out Part C of the Project, in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for Parts A and C of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: : (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date a plan for the future operation of the Project or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the ProjectBank; and and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of: (a) Part A of the Project shall be carried out by the Borrower; and (b) Part C of the Project shall be carried out by OPCOM pursuant to the Financing and Project Implementation Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate educational, administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. Section 3.02. The Borrower shall: (ca) For open an account in FCFA in a commercial bank acceptable to the purpose Association, and thereafter maintain said Project Account under terms and conditions acceptable to the Association until the completion of carrying out Parts B.1 the Project; (b) deposit into the Project Account: (i) an initial amount of FCFA 50,000,000; and B.2 (ii) thereafter, replenish the Project Account by the amounts required to finance the Borrower’s share of expenditures required for the execution of the Project, agreed between the Borrower and the Association; and (c) ensure that funds deposited into the Project Account in accordance with paragraphs (a) and (b) of this Section shall make part of be used exclusively to finance the Borrower’s contribution for expenditures under the Project other than those financed from the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this AgreementCredit. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.03. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: : (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation extension of the results of the Project; and and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through the Executive Secretariat (with the assistance of FISE with respect to Part E of the Project and the assistance of INETER with respect to Parts B.3 and D.2 of the Project), with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, environmental and financial engineering practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section above and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with a manual satisfactory to the Implementation Program set forth in Schedule 4 to Association. In case of any conflict between the provisions of the Operational Manual and the ones of this Agreement, the ones of this Agreement shall prevail. (c) For The Borrower, through the purpose Executive Secretariat, shall: (i) enter into an agreement with FISE, satisfactory to the Association, for the execution, by FISE, of carrying out Parts B.1 Part E of the Project; (ii) enter into an agreement with INETER, satisfactory to the Association, for the execution, by INETER, of certain studies under Part B.3 of the Project and B.2 for the provision of assistance from INETER to the Executive Secretariat for the execution of Part D.2 of the Project; (iii) enter into an agreement with UCRESEP, satisfactory to the Association, for the assistance, by UCRESEP, in the procurement and financial management of the Project; and (iv) present a plan, acceptable to the Association, for storage, maintenance, distribution and utilization of all emergency response equipment to be purchased under Part A.2 of the Project, and enter into the Borrower shall make part relevant agreements with the corresponding agencies and members of the proceeds National System, as required by, and on terms acceptable to, the Association, to ensure appropriate usage of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except emergency equipment. Except as the Association shall otherwise agree, the Borrower Borrower, through the Executive Secretariat, shall comply with its obligations under, and not assign, amend, abrogate or waive waive, the Subsidiary Loan Agreements agreements referred to in subparagraphs (i), (ii) or (iii) above or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement. Section 3.03. Without limitation to Section 3.01 (a) above, the Borrower shall: (a) include in its annual budget proposals submitted to its legislative branch the following minimum amounts, as said provisions may be further elaborated in counterpart funds for the Procurement Plan.financing of the Project: (i) $275,000 equivalent for calendar year 2001; (ii) $ 1,000,000 equivalent for calendar year 2002; (iii) $ 1,000,000 equivalent for calendar year 2003; and (iv) $ 275,000 equivalent for calendar year 2004; and (b) The advance, from the amounts referred to in paragraph (a) above, no later than the fifteenth day of each month, amounts sufficient to cover the counterpart funding requirements for the Project during such month. Section 3.04. Without limitation to the provision of paragraphs (a) and (b) of Section 3.01 above, the Borrower undertakes that, unless the Association shall update the Procurement Plan otherwise agree: (a) Subprojects shall be promoted, identified, appraised, approved, carried out and monitored by FISE in accordance with guidelines the procedures set forth or referred to in the Operational Manual, including a clearance in writing issued by FISE, prior to commencement of each Subproject, confirming that the Subproject is environmentally sound as determined by FISE’s environmental screening of such Subproject proposal; (b) no physical or economic involuntary displacement (as interpreted in accordance with the Association’s Operational Directive (OD 4.30) shall take place as a consequence of the execution of the Subprojects; specifically, no person shall have, as a consequence of the execution of the Subprojects, his or her: (i) right, title or interest in any house or any other fixed or movable goods acquired or possessed, temporarily or permanently; or (ii) business, occupation, work or place of residence or habitat adversely affected; (c) no Subproject may involve any of the activities listed under Schedule 4 to this Agreement; and (d) if any Subproject affects indigenous people, the Borrower, through FISE, shall ensure that such people shall be allowed to have informed participation with regard to the design and implementation of such Subproject, participate systematically in the monitoring and evaluation thereof and, in general, derive benefits from such Subproject. Section 3.05. Notwithstanding the provisions of Section 3.01 above, the Borrower shall provide and maintain throughout the execution of the Project and after its completion, the building located at kilometer 6.5, south road (carretera sur, i.e., carretera Panamericana), west side (lado oeste), Managüa, Nicaragüa -or any other building acceptable to the Association- to house the Executive Secretariat’s headquarters. Section 3.06. Notwithstanding the provisions of Section 3.01 above, the Borrower shall provide FISE with the required resources (including staff in adequate numbers and with the necessary qualifications) to, in the view of the Association, carry out Part E of the Project (including the environmental screening of Subprojects). Section 3.07. Notwithstanding and without limitation to the provisions of Section 9.01 of the General Conditions, the Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators set forth in the Implementation Letter, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish such update to the Association not later than 12 months after Association, on or about August and February each year during Project implementation, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the preceding Procurement Planmeasures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, for by September and March each year during Project implementation, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s approvalviews on the matter. Section 3.033.08. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation and the sustainability of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, : (a) the Borrower shall carry out Part B of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial agricultural practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project.purpose; (b) Without without any limitation upon any of its other obligations under the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agreeLoan Agreement, the Borrower shall carry out the Project (i) cause INRA to perform in accordance with the Implementation Program provisions of the Project Agreement all the obligations of INRA therein set forth in Schedule 4 forth, (ii) take or cause to this Agreement.be taken all action, including the provision of funds, facili- ties, services and other resources, necessary or appropriate to enable INRA to perform such obligations, and (iii) not take or permit to be taken any action which would prevent or interfere with such performance; and (c) For for the purpose of carrying out Parts B.1 and B.2 Part A of the Project, the Borrower shall make part of available to INRA the proceeds of the Credit available Loan allocated from time to Participating Financial Institutions under Subsidiary Loan Agreements time to be entered into between Category (1) on a grant basis. Section 3.02. Without limitation upon the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to provisions of Section 3.01 of this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner , and except as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive take all measures necessary to ensure that Part B of the Subsidiary Loan Agreements or any provision thereofProject shall be carried out in accordance with the agricultural extension implementation program set forth in Schedule 6 to this Agreement. Section 3.03. Without limitation upon the provisions of Section 3.01 of this Agreement: (a) in order to enable INRA to comply with the requirements set forth in Part D of the Schedule to the Project Agreement, the Borrower shall: (i) prepare, in accordance with guidelines satis- factory to the Bank, a schedule of adjustments to the structure and levels of salaries paid to INRA’s scientific staff, designed to ensure that the employment benefits provided to such staff shall at all times be equivalent to those benefits provided to faculty members employed by the Borrower’s universities who are engaged in research activities; and (ii) take all measures necessary to ensure that said schedule of adjustments shall be presented to the appropriate authorities not later than December 31, 1989 for approval and, upon approval, promptly introduced; and (b) in order to ensure the efficient financial operations of INRA, the Borrower shall: (i) develop, on the basis of guidelines satisfactory to the Bank, and introduce, budgeting, financial and accounting policies and procedures to be applied by INRA; and (ii) without limitation on the provisions of sub-paragraph (i) of this paragraph, assign to each of the CRRAs in Meknes, Settat and Marrakech, not later than December 31, 1989, suitably qualified accounting agents to be responsible, inter alia, for issuing payment orders by such CRRA. Section 3.04. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.05. For the purposes of Section 9.06 of the General Conditions The Bank and without limitation thereto, the Borrower shall: (a) preparehereby agree that the obligations set forth in Sections 9.04, on the basis of guidelines acceptable to the Association9.05, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association9.06, a plan for the future operation of the Project; 9.07, 9.08 and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out ˛Parts A and B of the Project through MoFPED, with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, and financial technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Parts A and B of the Project. (b) Without any limitation or restriction upon any of its other obligations under the Development Credit Agreement, the Borrower shall cause UBOS and UMI to perform in accordance with the provisions of the UBOS and UMI Project Agreements, respectively, all the obligations of UBOS and UMI, respectively, therein set forth, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable UBOS and UMI, respectively, to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A and B of the Project and cause UBOS and UMI to carry out Parts C and D of the Project, respectively, all in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (cd) For the purpose purposes of carrying out Parts B.1 and B.2 Part C of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions shall, under Subsidiary Loan Agreements a subsidiary agreement to be entered into between the Borrower and Participating Financial Institutions, under UBOS (the UBOS Subsidiary Agreement) and on terms and conditions which shall have been approved by the Association Association, transfer the proceeds of the Credit allocated from time to include those set forth time to Categories 1 (a), 2 (c), 3 (c) and 4 (c) of the table in the Annex to paragraph 1 of Schedule 4 1 to this AgreementAgreement to UBOS as a grant. (e) For the purposes of Part D of the Project the Borrower shall, under a subsidiary agreement to be entered into between the Borrower and UMI (the UMI Subsidiary Agreement) and on terms and conditions which shall have been approved by the Association, transfer the proceeds of the Credit allocated from time to time to Categories 1 (b), 2 (d), 3 (d) and 4 (d) of the table in paragraph 1 of Schedule 1 to this Agreement to UMI as a grant. (f) The Borrower shall exercise its rights under the UBOS Subsidiary Loan Agreements Agreement and the UMI Subsidiary Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the UBOS Subsidiary Loan Agreements Agreement, the UMI Subsidiary Agreement, or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Association and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of: (a) Part C of the Project, shall be carried out by UBOS pursuant to Section 2.03 of the UBOS Project Agreement; and (b) Part D of the Project, shall be carried out by UMI pursuant to Section 2.03 of the UMI Project Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, Agreement and to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall carry out cause Banco Central to perform, in accordance with the provisions of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practicesAgreement, and all the obligations of Banco Central therein set forth, shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required necessary or appropriate to enable Banco Central to perform such obligations, and shall not take or permit to be taken any action which would present or interfere with such performance. Section 3.02. The Borrower shall designate Banco Central as fiscal agent of the Borrower and make the proceeds of the Loan available to Banco Central as such, for the purposes of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) 3.03. Except as the Association Bank shall otherwise agree, procurement of the goods, goods and services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by made in accordance with the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. sub-paragraph (b) (iv) of Part III of the Schedule to the Project Agreement. The Borrower shall update cause a notice to appear concerning the Procurement Plan Project at least every year during the month of January in accordance with guidelines acceptable to the Association"Development Business", and furnish such update to published by the Association not later than 12 months after the date United Nations, informing, among other things, of the preceding Procurement Plan, for technical assistance to be financed from the Association’s approvalproceeds of the Loan in connection with Investment Projects. Section 3.033.04. For The Bank and the purposes of Borrower hereby agree that the obligations set forth in Section 9.06 9.07 of the General Conditions (relating to records and without limitation thereto, the Borrower shall: reports) shall be carried out by Banco Central pursuant to Section 2.04 (ac) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; andProject Agreement. (b) afford Section 3.05. The Borrower, in respect of the Association a reasonable opportunity Borrower’s credit facilities which are designed to exchange views with achieve directly or indirectly objectives similar to those of the Borrower on said planLoan, agrees that it shall take or cause to be taken all such action as shall be required to establish and maintain terms and conditions for such credit facilities which, in the opinion of the Bank, are not more favorable to borrowers than those applicable in respect of the Sub-loans.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through CCS-SIDA with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, environmental and financial public health practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Project Operational Manual and the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose Section 3.02. Without limitation to its obligations under Section 3.01 of carrying out Parts B.1 and B.2 of the Projectthis Agreement, the Borrower shall make part for the purposes of the proceeds Project: (a) open and maintain in Cape Verde Escudos in BCV, in the name of CCS-SIDA, an account (the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under Project Account) on terms and conditions which shall have been approved by satisfactory to the Association; (b) deposit into the Project Account an initial amount in Cape Verde Escudos equivalent to $50,000 (the Initial Deposit); (c) thereafter deposit into the Project Account, at quarterly intervals during Project implementation, an amount or amounts as may be required and agreed upon with the Association to include those set forth in timely replenish the Annex Project Account back to Schedule 4 to this Agreement.the amount of the Initial Deposit; and (d) The Borrower ensure that amounts deposited into the Project Account pursuant to paragraphs (b) and (c) above shall exercise its rights under the Subsidiary Loan Agreements be used only to make payments to meet expenditures made or to be made in such manner as to protect the interests respect of the Borrower reasonable cost of goods and services for the Association Project and not financed or to accomplish the purposes of be financed by the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.03. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.05. The Borrower shall furnish to the Association, no later than five months after the effectiveness date, and thereafter implement, the Monitoring and Evaluation Manual, in form and substance satisfactory to the Association.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower FAS declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering, and financial environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) . Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association shall otherwise agree, the Borrower FAS shall carry out the Project in accordance with the Implementation Program implementation program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, goods and consultant’s services and works required for the Project and to be financed out of the proceeds of the Credit XX Xxxxx shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower Recipient shall update the Procurement Plan in accordance with guidelines terms of reference acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient and FAS shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a joint plan for designed to ensure the future operation continued achievement of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan. Section 3.04. FAS, shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively).

Appears in 1 contract

Samples: Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out Part A of the Project through its Planning Commission, Ministry of Communications and Ministry of Finance, Part B of the Project through NHB and Part C of the Project through PR, with due diligence and efficiency and in conformity with appropriate economic, financial, engineering, managerial and administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (ca) For the purpose of carrying out Parts B.1 and B.2 Part B of the Project, the Borrower shall make part available to NHB, in the form of budgetary allocations, the equivalent of the proceeds of the Credit available Loan allocated from time to Participating Financial Institutions time for Part B of the Project under Subsidiary Loan Agreements to be entered into between Category (1) of the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those table set forth in the Annex to Schedule 4 1 to this Agreement. (db) The Borrower shall exercise its rights under For the Subsidiary Loan Agreements in such manner as to protect the interests purpose of carrying out Part C of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agreeProject, the Borrower shall not assignmake available to PR the proceeds of the Loan allocated from time to time for Part C of the Project under Category (2) of the table set forth in Schedule 1 to this Agreement, amend, abrogate in accordance with the Borrower’s current budgetary and accounting arrangements for financing capital investments or waive the Subsidiary Loan Agreements or any provision thereofreplacement of assets by PR. Section 3.03. The Borrower shall enable PR to acquire, in a timely manner, the foreign exchange required for the procurement of spare parts needed for the proper operation and maintenance of its locomotives. Such requirements shall be reviewed in the context of the annual review referred to in Part A (a2) of Schedule 5 to this Agreement. Section 3.04. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower Adapalm declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and, and to this end, shall carry out Part A(2) and (3) of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial agriculturaL practices, and shall provide, or cause to be provided promptly as needed, the funds, facilities, services and other resources required for Part A(2) and (3) of the Project. (b) Without any limitation or restriction upon the provisions of Adapalm’s obligations under paragraph (a) of this Section Section, Adapalm shall: (i) provide in its annual budget amounts sufficient to cover Adapalm’s counterpart contributions to the costs of the Project; (ii) open and except as maintain an account at a commercial bank (the Borrower Adapalm SDU Project Account) to be used exclusively for Adapalm SDU expenditures under Part A(2) and (3) of the Association shall otherwise agreeProject. The Borrower, the Borrower shall carry out Bank and Adapalm presently estimate Adapalm’s contributions to Project costs to amount in 1989 prices to $8,500,000 equivalent over the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreementperiod. (c) For Adapalm shall, for the purpose of carrying out Parts B.1 and B.2 purposes of the Project, open and maintain in dollars a special account (the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under Adapalm Special Account) in a commercial bank on terms and conditions which satisfactory to the Bank. Deposits into, and payments out of, the Adapalm Special Account shall have been approved by be made in accordance with the Association to include those set forth in the Annex to provisions of Schedule 4 2 to this Agreement. (d) The Borrower Adapalm shall exercise its rights under enter into an agreement satisfactory to the Subsidiary Loan Agreements in such manner as to protect Bank with Imo State (the interests Services and Inputs Supply Management Agreement) for the management by Adapalm SDU of the Borrower smallholder services and the Association and to accomplish the purposes inputs supply program under Part A(2) of the Credit, and, except Project. Section 2.02. Except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement pro- curement of the goods, works and consultants’ services and works required for Part A(2) and (3) of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 1 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.032.03. For Adapalm shall carry out the purposes of Section 9.06 obligation set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of this Agreement. Section 2.04. Adapalm shall duly perform all its obligations under the Borrower shall: (a) prepare, on Adapalm Second Subsidiary Loan Agreement and the basis of guidelines acceptable to the Association, Services and furnish to the Association not later than six (6) months after the Closing Date or such later date Inputs Supply Management Agreement. Except as may be agreed for this purpose between the Borrower and the AssociationBank shall otherwise agree, a plan for Adapalm shall not take or concur in any action which would have the future operation effect of amending, abrogating, assigning or waiving the Adapalm Second Subsidiary Loan Agreement or the Services and Inputs Supply Management Agreement or any provision thereof. Section 2.05. (a) Adapalm shall, at the request of the Project; and (b) afford Borrower or the Association a reasonable opportunity to Bank, exchange views with the Borrower on said planand the Bank with regard to the progress of the Project, the performance of its obligations under this Agreement and under the Adapalm Second Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan.

Appears in 1 contract

Samples: Adapalm Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through CNLS with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial public health practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall for the purposes of the Project: (a) open and thereafter maintain, for the duration of the Project, an account in CFA Francs in the name of CNLS (the Project Account) in the Treasury and on terms and conditions satisfactory to the Association; (b) deposit into the Project Account an initial contribution of CFA Francs 53,000,000; (c) thereafter deposit into the Project Account, by January 31 and October 31 in each year, until the completion of the Project, such amounts as shall be required to timely replenish the Project Account back to the amount of the initial deposit referred to in paragraph (b) above, or whenever the balance of the Project Account shall be less than CFA Francs 25,000,000; and (d) ensure that amounts deposited into the Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods, works and services for the Project in addition of those financed from the proceeds of the Credit.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower CNSIC declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Development Credit Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering, industry and financial health practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Association and the Association CNSIC shall otherwise agree, the Borrower CNSIC shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 2 to this Agreement. (c) For the purpose of carrying , and carry out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those such other actions as are set forth in said Schedule, in accordance with the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision provisions thereof. (a) Section 2.02. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 1 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.032.03. For CNSIC shall carry out the purposes of Section 9.06 obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions applicable to the Development Credit Agreement and without limitation theretoin Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the Borrower shall:General Conditions applicable to the Loan Agreement (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project. Section 2.04. CNSIC shall duly perform all its obligations under the Subsidiary Loan Agreement. Except as the Association shall otherwise agree, CNSIC shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Loan Agreement or any provision thereof. Section 2.05. (a) prepareCNSIC shall, on at the basis request of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planAssociation with regard to the progress of the Project, the performance of CNSIC’s obligations under this Agreement and under the Subsidiary Loan Agreement, and other matters relating to the purposes of the Credit.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The the Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project Project, with the exception of Part A.3 thereof, with due diligence and efficiency and in conformity with appropriate administrative administrative, technical, financial practices and financial practicesdue regard to private sector management and environmental concerns, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project Project, in accordance with the Implementation Program implementation program set forth in Schedule 4 to this Agreement.; (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part duly and punctually perform, in accordance with the provisions of the proceeds of Agreement Establishing ATI and the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those Participation Agreement all its obligations therein set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower and shall exercise its rights under the Subsidiary Loan Agreements thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit; (d) the Borrower shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and, except as the Association shall otherwise agree (e) if a member of COMESA, the Borrower shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not assigna member of COMESA, amend, abrogate or waive the Subsidiary Loan Agreements or undertakes to grant all transitors and transit traffic freedom to traverse its territory by any provision thereofmeans of transport suitable for that purpose. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goodsworks, goods and consultants’ services and works required for the Project Project, with the exception of Part A.3 of the Project, and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, for the purposes of making available its counterpart contribution to the financing of the Project, with the exception of Part A.3 thereof: (a) open and maintain, until the completion of the Project, an account in CDF in a commercial bank on terms and conditions satisfactory to the Association; (b) promptly thereafter, make an initial deposit into the Project Account, in an amount of $100,000 equivalent to finance the Borrower’s initial contribution to the expenditures of the Project; (c) thereafter, at semiannual intervals, deposit into the Project Account such amounts as are estimated to be required for the ensuing six-month period and as shall be agreed upon between the Borrower and the Association; and (d) ensure that amounts deposited into the Project Account shall be used exclusively to finance the Borrower’s contribution for expenditures under the Project and not otherwise financed from the proceeds of the Credit. Section 3.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) : prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date for all other Parts of the Project except Part A.3, or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (b6) months after the Insurance Facility Second Closing Date, or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of Part A.3 of the Project; and afford the Association a reasonable opportunity to exchange views with the Borrower on the said plan. Section 3.05. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of Part A.3 of the Project shall be carried out by ATI pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate financial and administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement and the provisions set forth in Schedule 6 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 Part A of the Project, the Borrower shall make part available to Participating Banks, the equivalent of the proceeds of the Credit available allocated from time to time to Category (4) of the table set forth in paragraph 1 of Schedule 1 to this Agreement under Participating Financial Institutions under Bank Subsidiary Loan Agreements to be entered into between the Borrower and the Participating Financial Institutions, Banks providing for Subsidiary Loans under terms and conditions satisfactory to the Association which shall have been approved by the Association to include include, without limitation, those set forth in the Annex to Section II of Schedule 4 6 to this Agreement. (d) For the purposes of making available funds to members of CUs for productive purposes under Part B.2 of the Project, the Borrower shall: (i) through MOF and CUDC enter into CU Subsidiary Loan Agreements in conformity with the provisions of Section 3 (f) of Schedule 4 to this Agreement; and (ii) through CUDC enter into an agreement (the Administrative Agreement) with a commercial banking institution which complies with the criteria set forth in Section 1 of Schedule 6 to this Agreement (the Administrative Bank) on terms and conditions as shall be consistent with the CUDC Operations Manual and acceptable to the Association, and which shall provide: for the obligation of the Administrative Bank to keep the accounts of the CUs in respect of all CU Subsidiary Loan Agreements to the CUs under Part B.2 of the Project. (e) The Borrower shall exercise its rights under the Participating Bank Subsidiary Loan Agreements and the Administrative Agreement in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, and except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Participating Bank Subsidiary Loan Agreements Agreements, the Administrative Agreement or any provision provisions thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. The Borrower shall take all necessary measures to ensure that the cost of the activities under Part C of the Project shall be fully recovered through collection of registration fees.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through CNLS with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial public health practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Recipient and the Association shall otherwise agree, the Borrower Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 (c) of the General Conditions and without limitation thereto, the Borrower Recipient shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan for designed to ensure future achievement of the future operation objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan. Section 3.04. Without limitation upon the provisions of Section 3.01 of this Agreement, and except as the Recipient and the Association shall otherwise agree, the Recipient shall: (a) open an account in FRWw in its central bank (the Project Account), and thereafter maintain the Project Account under terms and conditions acceptable to the Association until the completion of the Project; (b) deposit into the Project Account: (i) an initial amount of FRWw 38,452,500___________ (the Initial Deposit); and (ii) thereafter, at annual intervals, replenish the Project Account by the amounts required to finance the Recipient’s contribution for expenditures under the Project as shall be agreed upon between the Recipient and the Association; and (c) ensure that the funds deposited into the Project Account in accordance with paragraph (b) of this Section shall be used exclusively to finance expenditures under the Project.

Appears in 1 contract

Samples: Development Grant Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and, to . To this end, shall carry out without any limitation or restriction upon any of its other obligations under the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as neededDevelopment Credit Agreement, the funds, facilities, services and other resources required for the Project.Borrower: (b) Without limitation upon the provisions of paragraph (a) of this Section shall duly and except as the Borrower and the Association shall otherwise agreepunctually perform, the Borrower shall carry out the Project in accordance with the Implementation Program provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Except as the Association shall otherwise agree, procurement of the goods, services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.; (b) The Borrower shall update take and cause to be taken all action, including the Procurement Plan in accordance with guidelines acceptable provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the Associationpurposes for which it was created under the Agreement Establishing ATI, and furnish shall not take or permit to be taken any action which would prevent or interfere with such update to realization or the Association not later than 12 months after the date fulfillment of the preceding Procurement Planobjectives of the Project; and (c) if a member of COMESA shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for the Association’s approvalthat purpose. Section 3.033.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation continued achievement of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date: (i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or (ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering, environmental, and financial technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and and, except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, Association and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation upon the provisions of Section 3.01 of this Agreement, the Borrower shall: (a) open, and maintain for the duration of the implementation of the Project, an account (the Project Account) in a commercial bank acceptable to the Association and on terms and conditions satisfactory to the Association; (b) deposit into the Project Account an initial amount equivalent to $70,000 (the Initial Deposit) and thereafter, at annual intervals, deposit into the Project Account an amount equivalent to the Initial Deposit; and (c) ensure that funds deposited into the Project Account in accordance with paragraph (b) above shall be used exclusively to finance the Borrower’s share of expenditures under the Project other than those financed from the proceeds of the Credit.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower CDR declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, technical, engineering, environmental, cultural heritage and financial urban development practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Bank and the Association CDR shall otherwise agree, the Borrower CDR shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 2 to this Agreement, and the provisions of the Project Implementation Plan, the Environmental Assessment, the Environmental Management Plan, the Resettlement Policy Framework, and the Resettlement Action Plan. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 2.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 1 to this Agreement. (a) CDR shall carry out the obligations set forth in Sections 9.04, as said provisions may be further elaborated 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Procurement PlanProject Agreement. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower CDR shall: (ai) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Bank and the AssociationCDR, a plan for the future operation of the Project; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower CDR on said plan; and thereafter carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Bank’s comments thereon. Section 2.04. CDR shall duly perform all its obligations under the Subsidiary Agreement. Except as the Bank shall otherwise agree, CDR shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Agreement or any provision thereof. Section 2.05. (a) CDR shall, at the request of the Bank, exchange views with the Bank with regard to progress of the Project, the performance of its obligations under this Agreement and under the Subsidiary Agreement, and other matters relating to the purposes of the Loan.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower Section 2.01. SONELEC declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, the Development Credit Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial other technical practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) 2.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 1 to this Agreement. Section 2.03. SONELEC shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project Agreement. Section 2.04. SONELEC shall duly perform all its obligations under the Subsidiary Loan Agreement and the Performance Contract. Except as said provisions the Association shall otherwise agree, SONELEC shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Loan Agreement or the Performance Contract, or any provision thereof. (a) SONELEC shall participate fully in the annual review referred to in Schedule 3 of the Development Credit Agreement and, to this end, shall (i) furnish to the Borrower and the Association such reports as may be further elaborated required for that purpose, and in such detail as the Borrower or the Association shall reasonably request, on the progress and status of the Project, and (ii) following each such review, act promptly and diligently, in order to take, or assist the Borrower in taking, any corrective action deemed necessary to remedy any shortcoming noted in the Procurement Planimplementation of the Project, or to implement, or assist the Borrower in implementing, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Project. (b) The Borrower Without prejudice to the generality of the foregoing, SONELEC shall, at the request of the Association, exchange views with the Association with regard to the progress of the Project, the performance of its obligations under this Agreement, the Subsidiary Loan Agreement and the Performance Contract, and other matters relating to the purposes of the Credit. (c) SONELEC shall update promptly inform the Procurement Plan in accordance Association of any condition which interferes or threatens to interfere with guidelines the progress of the Project, the accomplishment of the purposes of the Credit, or the performance by SONELEC of its obligations under this Agreement and under the Subsidiary Loan Agreement. Section 2.06. SONELEC shall, not later than October 1, 1992, prepare and submit to the Association a proposed schedule, which shall be acceptable to the Association, and furnish such update to for the Association not later than 12 months after the date gradual reduction of the preceding Procurement Plan, for the Association’s approvalpreferential element included in water and electricity tariffs applicable to SONELEC employees. Section 3.032.07. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable SONELEC commits itself to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designate counterparts for the future operation technical assistance experts whom it shall contract during the execution of the this Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower MUB declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Development Credit Agreement, and, to this end, shall shall: (i) carry out Parts C, D.1, D.2 and D.3 of the Project (the MUB Parts of the Project); and (ii) cause USAG to carry out Parts A, B and D.4 of the Project (the USAG Parts of the Project); all with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering, and financial environmental practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Association and the Association MUB shall otherwise agree, the Borrower MUB shall carry out the Project or cause the Project to be carried out in accordance with the Implementation Program set forth in Schedule 4 2 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 2.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 1 to this Agreement. (a) MUB shall carry out the obligations set forth in Sections 9.03, as said provisions may be further elaborated 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition) in respect of the Procurement PlanProject Agreement. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower MUB shall: (ai) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Association and the AssociationMUB, a plan for the future operation of the Project; and (bii) afford the Association a reasonable opportunity to exchange views with the Borrower and MUB on said plan. Section 2.04. MUB shall duly perform all its obligations under the MUB Subsidiary Loan Agreement. Except as the Association shall otherwise agree, MUB shall not take or concur in any action which would have the effect of assigning, amending, abrogating or waiving the MUB Subsidiary Loan Agreement or any provision thereof. Section 2.05. (a) MUB shall, at the request of the Association, exchange views with the Association with regard to the progress of the Project, the performance of its obligations under this Agreement and under the MUB Subsidiary Loan Agreement, and other matters relating to the purposes of the Credit.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower declares its Federation and MWSU declare their commitment to the objectives of the Project as set forth in Schedule 2 to this the Development Credit Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial environmental practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Association, the Federation and the Association MWSU shall otherwise agree, the Borrower Federation and MWSU shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 2 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 2.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 1 to this Agreement. (a) The Federation and MWSU shall carry out the obligations set forth in Sections 9.03, as said provisions may be further elaborated 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Procurement PlanProject Agreement. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Federation and MWSU shall: (ai) prepare, on the basis of guidelines acceptable to the Association, Association and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower Association, Federation and the AssociationMWSU, a plan for the future operation of the Project; and (bii) afford the Association a reasonable opportunity to exchange views with the Borrower Federation and MWSU on said plan. Section 2.04. The Federation and MWSU shall duly perform all its obligations under the Subsidiary Credit Agreement. Except as the Association shall otherwise agree, the Federation and MWSU shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Credit Agreement or any provision thereof. (a) The Federation and MWSU shall, at the request of the Association, exchange views with the Association with regard to the progress of the Project, the performance of its obligations under this Agreement and under the Subsidiary Credit Agreement and other matters relating to the purposes of the Credit. (b) The Federation and MWSU shall promptly inform the Association of any condition which interferes or threatens to interfere with the progress of the Project, the accomplishment of the purposes of the Credit, or the performance by the Federation and MWSU of their respective obligations under this Agreement and under the Subsidiary Credit Agreement. Section 2.06. The MWSU shall ensure that all measures necessary for the carrying out of the Environmental Management Plan shall be taken in a timely manner.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out cause LRL to perform in accordance with the provisions of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practicesAgreement all the obligations of LRL therein set forth, and shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required for the Projectresources, necessary or appropriate to enable LRL to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon The Borrower shall relend the provisions proceeds of paragraph (a) of this Section and except as the Loan to LRL under a subsidiary loan agreement to be entered into between the Borrower and LRL under terms and conditions which shall have been approved by the Association Bank which shall otherwise agree, include the Borrower shall carry out the Project in accordance with the Implementation Program provisions set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agreement or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, services goods and works required for Part A.1 and 2 of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable 1 to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalProject Agreement. Section 3.03. For The Bank and the purposes of Section 9.06 Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out by the LRL pursuant to Section 2.05 of the Project Agreement. Section 3.04. The Borrower shall: (a) prepare, on shall cause the basis proceeds of guidelines acceptable the PCF Emission Reduction Purchase Agreement to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan used exclusively for the future operation purposes of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project through CLM with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, public utility and financial health practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower, for the purposes of making available its counterpart contribution to the financing of the Project, shall: (a) open and maintain, for the duration of the Project, an account (the Project Account) in FCFA in a commercial bank, on terms and conditions satisfactory to the Association; (b) promptly thereafter, make an initial deposit into the Project Account, in an amount equivalent to FCFA 130,000,000 to finance the Borrower’s contribution to the Project for the first FY during Project implementation; (c) thereafter deposit into the Project Account by February 15 in each Fiscal Year during Project implementation such amount as shall be required to replenish on a timely basis the Project Account back to the amount of the initial deposit referred to in paragraph (b) above; and (d) ensure that amounts deposited into the Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods and services for the Project in addition to those financed from the proceeds of the Credit. Section 3.05. The Borrower shall make adequate arrangements to assume exclusive responsibility for the financial operation and management of its urban development centers.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall carry out cause ICAR to perform in accordance with the provisions of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practicesAgreement all the obligations of ICAR therein set forth, and shall providetake or cause to be taken all action, promptly as needed, including the provision of funds, facilities, services and other resources required for the Projectresources, necessary or appropriate to enable ICAR to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the The Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements ICAR in accordance with the Borrower’s standard arrangements for developmental assistance to be entered into between the Borrower central ministries and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreementagencies. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 2 to this the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the The Borrower shall: : (ai) prepare, participate in the exchange of views with the Association and ICAR on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project to be provided by ICAR pursuant to Section 2.03 (b) of the Project Agreement; and (ii) participate with the Association and ICAR in the Mid-term Reviews. Section 3.04. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ICAR pursuant to Section 2.03 of the Project Agreement. (a) The Borrower shall, at the request of the Association, exchange views with the Association with regard to the progress of the Project; and, the performance of obligations under this Agreement, and other matters relating to the purposes of the Credit. (b) afford The Borrower shall promptly inform the Association a reasonable opportunity Association, of any condition which interferes or threatens to exchange views interfere with the progress of the Project, the accomplishment of the purposes of the Credit, or the performance by the Borrower on said planof its obligations under this Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, : (i) shall carry out Parts A and C of the Project with due diligence and efficiency and in conformity with appropriate administrative financial, technical, administrative, engineering and financial environmental practices, and shall provide, provide promptly as needed, needed the funds, facilities, services and other resources required for the Project.; and (ii) without any limitation or restriction upon any of its other obligations under this Agreement, shall cause MASAF MU to carry out Part B of the Project with due diligence and efficiency and in conformity with appropriate financial, technical, administrative, engineering and environmental practices, and shall provide promptly as needed the funds, facilities, services and other resources to enable MASAF MU to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance; (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A and C of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement; and (c) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall cause MASAF MU to carry out Part B of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for designed to ensure the future operation sustainability of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.04. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall: (a) open and thereafter maintain, until the completion of the Project, a project account for Part B of the Project (the Project Account A), and a project account for Part C (the Project Account B), in MK and in a commercial bank acceptable to the Association; (b) promptly thereafter make an initial deposit in MK of an amount equivalent to $75,000 into the Project Account A and an amount equivalent to $50,000 into the Project Account B to finance the Borrower’s contribution to the Project; (c) thereafter deposit into the Project Account A and Project Account B, respectively, by the first day of each quarter each year during Project implementation, such amounts as shall be required and agreed upon with the Association to timely replenish Project Account A and Project Account B, respectively; and (d) use the funds in the Project Accounts exclusively to finance expenditures under the Project.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out Parts A and D of the Project through its Ministry of Posts and Telematics, Part B through its General Statistical Office, Part C through Hanoi, Da Nang and Ho Chi Minh City respectively, in all cases with due diligence and efficiency and in conformity with appropriate administrative administrative, management, financial and financial ICT practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) Section 3.02. For the purpose purposes of carrying out Parts B.1 and B.2 Part C of the Project, the Borrower shall shall, through MOF, make part the portions of the proceeds of the Credit allocated from time to time to Categories (3), (4) and (5) available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between to, respectively, Hanoi, Da Nang and Ho Chi Minh City for their Respective Parts of the Borrower and Participating Financial InstitutionsProject, under terms and conditions which shall have been approved by acceptable to the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereofAssociation. (a) Except as the Association shall otherwise agree, procurement of the goods, goods and services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, Association and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation continued achievement of the objectives of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower FNRR declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and, to this end, shall carry out Parts A, B, C and D of the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, engineering and financial environmental practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for Parts A, B, C and D of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower Bank and the Association FNRR shall otherwise agree, the Borrower FNRR shall carry out Parts A, B, C and D of the Project in accordance with the Implementation Program set forth in Schedule 4 to this AgreementPlan. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 2.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for Parts A, B, C and D of the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable 4 to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approvalLoan Agreement. Section 3.032.03. For FNRR shall carry out the purposes of Section 9.06 obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and without limitation theretoservices, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of this Agreement and Parts A, B, C and D of the Borrower shall:Project. Section 2.04. FNRR shall duly perform all its obligations under the FNRR Subsidiary Loan Agreement. Except as the Bank shall otherwise agree, FNRR shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the FNRR Subsidiary Loan Agreement or any provision thereof. Section 2.05. (a) prepareFNRR shall, on at the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation request of the Project; and (b) afford the Association a reasonable opportunity to Bank, exchange views with the Borrower on said planBank with regard to progress of the Project, the performance of its obligations under this Agreement and under the FNRR Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan.

Appears in 1 contract

Samples: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative administrative, agricultural, technical, accounting, environmental and financial practices, practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section Section, and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For the purpose of carrying out Parts B.1 and B.2 of the Project, the Borrower shall make part of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by the Association to include those set forth in the Annex to Schedule 4 to this Agreement. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements or any provision thereof. (a) Section 3.02. Except as the Association Bank shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For The Borrower shall: (a) by September 30, 1995, review, with the purposes assistance of consultants with qualifications, experience and terms of reference satisfactory to the Bank, the Seed Law and Variety Protection Law with a view of ensuring that these laws conform with the Borrower’s liberalization policies referred to in the Seed Policy Letter and conform to international standards; (b) by November 30, 1995, submit the findings of such review to the Bank for review and afford the Bank a reasonable opportunity to comment on such findings; and (c) by March 31, 1996, based on the findings of such review, and taking into account the views of the Bank thereon, present to the Borrower’s Parliament specific proposals for amending or modifying the Seed Law and the Variety Protection Law. Section 9.06 3.04. The Borrower shall, in regard to the production, marketing and trade in the types of seeds covered by the Project, establish and maintain all regulatory measures necessary to carry out the liberalization policies referred to in the Seed Policy Letter. Section 3.05. Without limitation upon the provisions of Article IX of the General Conditions and without limitation theretoConditions, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, prepare and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan program, of such scope and in such detail as the Bank shall reasonably request, for the future operation of regulatory framework for the Project; andnational seed system and the agricultural research system; (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said planprogram; and (c) thereafter, carry out said program with due diligence and efficiency and in accordance with appropriate practices, taking into account the Bank’s comments thereon.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, Agreement and, to this end, shall carry out Part A. 1 of the Project through DA and DE, Part A.2 of the Project through DA, Part A.3 of the Project through DE, Parts B and D of the Project through the Extension Management Unit, Part E of the Project through MDR, shall cause SAED to carry out Part A.4 of the Project, shall cause SODEVA to carry out Part A.5 of the Project, and shall cause ISRA to carry out Part C of the Project, all with due diligence and efficiency and in conformity with appropriate administrative administrative, financial and financial engineering practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph Section 3.01 (a) of this Section and except as the Borrower and the Association shall otherwise agree), the Borrower shall carry out establish and maintain during execution of the Project, an account for the purpose of making its contribution available for the purpose of the Project and make deposits, in accordance a timely manner, into such account. (a) For the purpose of carrying out Part C of the Project, the Borrower shall enter with SAED into an agreement (the Implementation Program set forth in Schedule 4 SAED Protocol d’Accord) whose terms and conditions shall be acceptable to this Agreementthe Association, which shall include the responsibilities of SAED regarding the carrying out of Part A.4 of the Project, and the provision for the transfer of the proceeds of the Credit required for the carrying out of Part A.4 of the Project on a non-reimbursable basis. (b) For the purpose of carrying out Part A.5 of the Project, the Borrower shall enter with SODEVA into an agreement (the SODEVA Protocol d’Accord) whose terms and conditions shall be acceptable to the Association, which shall include the responsibilities of SODEVA regarding the carrying out of Part A.5 of the Project, and the provision for the transfer of the proceeds of the Credit required for the carrying out of Part A.5 of the Project on a non-reimbursable basis. (c) For the purpose of carrying out Parts B.1 and B.2 Part B of the Project, the Borrower shall make part enter with ISRA into an agreement (the ISRA Protocol d’Accord) whose terms and conditions shall be acceptable to the Association, which shall include the responsibilities of ISRA regarding the carrying out of Part B of the Project, and the provision for the transfer of the proceeds of the Credit available to Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between required for the Borrower and Participating Financial Institutions, under terms and conditions which shall have been approved by carrying out of Part B of the Association to include those set forth in the Annex to Schedule 4 to this AgreementProject on a non- reimbursable basis. (d) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Protocols d’Accords in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, Credit and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Protocols d’Accords or any provision thereof. (a) Section 3.03. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement. Section 3.04. By June 30, as said provisions may be further elaborated 1992, the Borrower shall review with the Association the progress made in the execution of the Project, in particular in view of the further geographic extension of the Programme National de Vulgarisation Agricole, the performance of the SAED, SODEVA, and ISRA under the respective Protocol d’Accord and shall cause SODEVA, SAED and ISRA to participate in such review. In case that during such review problems shall be identified relating to the execution of the Project, the Borrower shall take adequate measures to remedy them. Section 3.05. During execution of the Project, the Borrower shall maintain the Central Accounting and Procurement PlanUnit, referred to in Section 6.01 (a) of this agreement with adequate responsibilities and staff and employ, at all times, for such unit a chief accountant with qualifications and experience acceptable to the Association. Section 3.06. By December 31, 1990, the Borrower shall submit to the Association model plans for rehabilitation of the buildings of the provincial inspections of DA and DE and of livestock posts. (a) During execution of the Project, the Borrower shall maintain a national committee for agricultural research, to be chaired by the Director of the Extension Management Unit and to include representatives of research, extension and development agencies. (b) By April 30, 1990, the Borrower shall establish six regional technical committees, to be chaired by one of the extension agencies and to include extension and research representatives and representatives of the farming community. (c) The Borrower shall update take all necessary actions that the Procurement Plan committees referred to in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: paragraphs (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planof this Section shall meet at least semiannually.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall : (a) The Borrower shall: (i) carry out Part A of the Project through MTCC with due diligence and efficiency and in conformity with appropriate technical, engineering, administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the purposes; and (ii) in order to facilitate the carrying out of Part A (6) of the Project and without limitation on the generality of the above (A) prepare and furnish to the Bank, by December 31 of each year starting with December 31, 1989, the Borrower’s program for road strengthening and surface treatment works to be carried out during the next year under Part A (6) of the Project; (B) finalize said program after taking into consideration the Bank’s comments thereon; and (C) thereafter carry out said works in accordance with said program. (b) Without any limitation or restriction upon any of its other obligations under the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agreeLoan Agreement, the Borrower shall carry out the Project cause BKV, HC and MAV to perform in accordance with the Implementation Program provisions of the BKV Project Agreement, the HC Project Agreement and MAV Project Agreement all their respective obligations therein set forth in Schedule 4 forth, shall take or cause to this Agreementbe taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable BKV, HC and MAV to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) For the purpose of carrying out Parts B.1 and B.2 Part B of the Project, the Borrower shall make part relend the equivalent of the proceeds of the Credit available Loan referred to Participating Financial Institutions in paragraph 1 of Schedule 5 to this Agreement to BKV under Subsidiary Loan Agreements a subsidiary loan agreement to be entered into between the Borrower and Participating Financial Institutions, BKV under terms and conditions which shall have been approved by the Association to include those Bank, including, without limitation, the principal terms set forth in the Annex to Schedule 4 to this Agreementsaid paragraph 1. (d) For the purpose of carrying out Part C of the Project, the Borrower shall relend the equivalent of the proceeds of the Loan referred to in paragraph 2 of Schedule 5 to this Agreement to HC under a subsidiary loan agreement to be entered into between the Borrower and HC under terms and conditions which shall have been approved by the Bank, including, without limitation, the principal terms set forth in said paragraph 2. (e) For the purpose of carrying out Part D of the Project, the Borrower shall relend the equivalent of the proceeds of the Loan referred to in paragraph 3 of Schedule 5 to this Agreement to MAV under a subsidiary loan agreement to be entered into between the Borrower and MAV under terms and conditions which shall have been approved by the Bank, including, without limitation, the principal terms set forth in said paragraph 3. (f) The Borrower shall exercise its rights under the BKV Subsidiary Loan Agreements Agreement, the HC Subsidiary Loan Agreement and the MAV Subsidiary Loan Agreement in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes pur- poses of the CreditLoan, and, except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive any of the Subsidiary Loan said Agreements or any provision thereof. (a) The Borrower shall employ consultants, whose qualifications, experience and terms of reference shall be satisfactory to the Bank, to assist the Borrower in: (i) the coor- dination and monitoring of the overall execution of the Project and the preparation and furnishing to the Bank of the plans, schedules, reports and other information referred to in Sections 9.06 and 9.07 of the General Conditions; and (ii) the carrying out of Part A of the Project. (b) The Borrower shall: (i) take all measures required on its part to ensure that the study under Part A (5) of the Project shall be initiated, under terms of reference satisfactory to the Bank, by December 31, 1989, and completed and a copy thereof furnished to the Bank by June 30, 1991; (ii) afford the Bank a reasonable opportunity to exchange views with the Borrower on the conclusions and recommendations of said study; and (iii) thereafter, prepare feasibility studies and engineering designs for the further expansion of river transport and ports within its territory on the basis of the recommendations of said study and after taking into consideration the Bank’s comments thereon. (c) The Borrower shall appoint a suitably qualified staff member of MTCC to be responsible, in respect of Part A of the Project, for the liaison and coordination with the consultants to be employed under paragraph (a)(i) of this Section. Section 3.03. Except as the Association Bank shall otherwise agree, procurement pro- curement of the goods, works and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 6 to this Agreement, as said provisions may be further elaborated in the Procurement PlanAgree- ment. (b) Section 3.04. The Borrower shall update shall, pursuant to Section 9.09 of the Procurement Plan in accordance with guidelines acceptable to the AssociationGeneral Conditions, and furnish such update to the Association acquire, not later than 12 months after June 30, 1990, the date land and rights in respect of land required for the carrying out of Part A (1) of the preceding Procurement Plan, for the Association’s approvalProject. Section 3.033.05. For the purposes of Section 9.06 of the General Conditions The Bank and without limitation thereto, the Borrower shall: (a) preparehereby agree that the obligations set forth in Sections 9.04, on the basis of guidelines acceptable to the Association9.05, and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association9.06, a plan for the future operation of the Project; 9.07, 9.08 and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementProject, and, to this end, shall carry out the Project Project, with the assistance of FER, with due diligence and efficiency and in conformity with appropriate administrative administrative, financial, and financial practicesenvironmental practices and with the undertakings set forth in the Policy Letter, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) The Borrower shall cause the Participating Localities and the Regional Project Participants to carry out their respective obligations in respect of the implementation of the Project, in accordance with the provisions of their respective Implementation Agreements, with due diligence and efficiency and in conformity with appropriate administrative, financial and environmental practices, and shall cause the Participating Localities and Regional Project Participants to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (c) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association Bank shall otherwise agree, the Borrower shall carry out the Project, and shall cause the Participating Localities and Regional Project Participants to carry out their respective obligations in respect of the implementation of the Project, in accordance with the Implementation Program set forth in Schedule 4 5 to this Agreement. (c) For Section 3.02. Without limitation upon the purpose provisions of carrying out Parts B.1 and B.2 Section 3.01 of the Projectthis Agreement, the Borrower shall make part of shall: (a) enter into the proceeds of the Credit available to Agency Agreement with FER and into Implementation Agreements with each Participating Financial Institutions under Subsidiary Loan Agreements to be entered into between the Borrower Locality and Participating Financial InstitutionsRegional Project Participant, all under terms and conditions which shall have been approved by satisfactory to the Association to include those set forth in the Annex to Schedule 4 to this Agreement.Bank; and (db) The Borrower shall exercise its rights under the Subsidiary Loan Agreements Agency Agreement and each respective Implementation Agreement in such a manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the CreditProject, and, and except as the Association Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements Agency Agreement or any of the Implementation Agreements, or any provision thereof. (a) Section 3.03. Except as the Association Bank shall otherwise agree, procurement of the goods, goods and consultants’ services and works required for the Project and to be financed out of the proceeds of the Credit Loan shall be governed by the provisions of Schedule 3 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.033.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan strategy for the future operation application of the Projectlessons of experience of the Project in governmental policy; and (b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said planstrategy.

Appears in 1 contract

Samples: Loan Agreement

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