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, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall, through Fujian Provincial Government, cause Fuzhou to perform in accordance with the provisions 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 Fuzhou 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 available the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

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Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Zhejiang to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Zhejiang therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Zhejiang 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Zhejiang on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the fee paid pursuant to Section 2.04 of this AgreementLoan. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, agree procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Zhejiang pursuant to Section 2.03 of the Project 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 ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Karnataka to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Karnataka therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Karnataka 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 available the proceeds of the Loan Credit to Fuzhou, through Karnataka in accordance with the Fujian Provincial Government, under terms and conditions satisfactory Borrower’s arrangements for developmental assistance to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawnits states. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower shall: (i) participate in the exchange of views with the Association and Karnataka on the plan for the future operation of the Project to be provided by Karnataka pursuant to Section 2.03(b) of the Project Agreement; and (ii) participate with the Association and Karnataka in the Mid-term Review. Section 3.04. The Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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 Project shall be carried out by Fuzhou Karnataka 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 the performance of obligations under this Agreement, and other matters relating to the purposes of the Credit. (b) The Borrower 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 Borrower of its obligations under this Agreement.

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 ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Hunan to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Hunan therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Hunan 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Hunan on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, agree procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Hunan pursuant to Section 2.03 of the Project 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, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Jiangsu to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the respective obligations of Jiangsu therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Jiangsu 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Jiangsu on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Jiangsu pursuant to Section 2.03 of the Project 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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Hubei to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Hubei therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Hubei 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Hubei on the following principal terms: (i) The the principal amount so made available to Hubei shall be made available the equivalent in Dollars (determined on the date, or respective dates, dates of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn.; (ii) The following Hubei shall be recovered repay such principal amount in Dollars over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.; (iii) Interest the Borrower shall be charged charge interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 (a) of this Agreement.; and (iv) A the Borrower shall charge a commitment fee shall be charged charge on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Bank 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) shall be carried out by Fuzhou Hubei pursuant to Section 2.03 of the Project 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 ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Ningbo to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Ningbo therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Ningbo 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Ningbo on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Ningbo pursuant to Section 2.03 of the Project 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, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Shanghai to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Shanghai therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Shanghai 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Shanghai on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account or of payment out of the Special Account) of the value of the currency or currencies so withdrawnwithdrawn or paid out. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the fee paid pursuant to Section 2.04 of this AgreementLoan. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Shanghai pursuant to Section 2.03 of the Project 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, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Sichuan to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Sichuan therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Sichuan 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Sichuan on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account or of payment out of the Special Account) of the value of the currency or currencies so withdrawnwithdrawn or paid out. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, agree procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Sichuan pursuant to Section 2.03 of the Project 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, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Tianjin to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Tianjin therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Tianjin 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Tianjin on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account or of payment out of the Special Account) of the value of the currency or currencies so withdrawnwithdrawn or paid out. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the fee paid pursuant to Section 2.04 of this AgreementLoan. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Tianjin pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Komineft to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Komineft therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Komineft 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 available relend the proceeds of the Loan to Fuzhou, through Komineft under a subsidiary loan agreement to be entered into between the Fujian Provincial Government, Borrower and Komineft under terms and conditions satisfactory to which shall have been approved by the Bank, Bank and the following principal terms: which shall include: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. fifteen years maturity with five years grace period; (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) an interest rate at the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a Bank’s rate equal to the rate of interest applicable from time to time to the Loan pursuant as determined according to the provisions of Section 2.06 2.05 of this AgreementAgreement plus 0.75% as premium; and (iii) the foreign exchange risk to be borne by Komineft. (ivc) A commitment fee The Borrower shall be charged on exercise its rights under the Subsidiary Loan Agreement in such principal amount manner as to protect the interests of the Loan so made available Borrower and not withdrawn from time the Bank and to time at a rate equal to three fourths accomplish the purposes of one percent (3/4 of 1%) per annum. (a) Except the Loan, and, except as the Bank shall otherwise agree, procurement of the goodsBorrower shall not assign, works and services required for amend, abrogate or waive the Project and to be financed out of the proceeds of the Subsidiary Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approvalAgreement or any provision thereof. Section 3.033.02. 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) shall be carried out by Fuzhou Komineft pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Hebei to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Hebei therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Hebei 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Hebei on the following principal terms: (i) The the principal amount so made available shall be made available the equivalent in Dollars terms of dollars (determined on as of the date, or respective dates, dates of withdrawal from the Loan Account or payment out of the Special Account, as the case may be) of the value of the currency or currencies so withdrawn.withdrawn or paid out on account of the cost of goods, works and services required for the Project and to be financed out of the proceeds of the Loan, and shall be recovered by the Borrower in dollars; (ii) The following the Borrower shall be recovered recover: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the Loan over a period of twenty (20) years, inclusive of a grace period of five (5) years: ; and (iii) the Borrower shall charge Hebei (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unpaid from time to time time, at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. ; and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou the Project Provinces to perform in accordance with the provisions set forth in of the Project AgreementAgreement all their respective obligations therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou the Project Provinces 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 For the purpose of having each Project Province carry out its Respective Part of the Project, the Borrower shall make available to each Project Province part of the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Credit on the following principal termsterms and conditions: (i) The the principal amount so made available to said Project Province shall be made available the equivalent in Dollars terms of Special Drawing Rights (determined on as of the date, or respective dates, dates of withdrawal from the Loan Credit Account) of the value of the currency or currencies so withdrawn.withdrawn on account of the cost of items required for said Project Province’s Respective Part of the Project and to be financed out of the proceeds of the Credit (the Credit Amount), and shall be recovered by the Borrower in Dollars; (ii) The following the Borrower shall be recovered recover the Credit Amount from said Project Province in semi-annual installments over a period of twenty seventeen (2017) years, inclusive of a grace period of including five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 years of this Agreement.grace; (iii) Interest the Borrower shall be charged charge a service charge on such principal amount the Credit Amount withdrawn and outstanding from time to time at a rate equal to the rate three-fourths of interest applicable from time to time to the Loan pursuant to the provisions one percent (3/4 of Section 2.06 of this Agreement.1%) per annum; and (iv) A the Borrower shall charge a commitment fee shall be charged charge on such the principal amount of the Loan Credit so made available and not withdrawn from time to time at a rate equal to three fourths one-half of one percent (3/4 1/2 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants' services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou the Project Provinces pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall maintain a central project management office in UMRB, with functions and responsibilities acceptable to the Association, staffed by competent staff in adequate numbers, to provide technical oversight of the implementation of the Project, and to coordinate Project activities among the Project Provinces, including procurement and training activities. Section 3.05. The Borrower shall: (a) prepare, through CPMO, in accordance with guidelines acceptable to the Association, and furnish to the Association not later than December 31 of each year for the Association’s review, a work plan and budget for implementation of the Project during the following calendar year and a plan for implementation of training and study tours during the same period, summarizing the work plans, budgets and implementation plans furnished by the Project Provinces pursuant to Parts A.2(a) and A.3(b) of Schedule 2 to the Project Agreement, for said following calendar year, together with copies of said plans and budgets furnished by the Project Provinces; and (b) thereafter, ensure the carrying out during said following calendar year, of such plans as shall have been approved by 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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou CTICED to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of CTICED therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou CTICED 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 available the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to Without limitation upon the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. paragraph (a) of this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall carry out the actions set forth in Schedule 4 to this Agreement in order to ensure the proper implementation of the Project. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 2 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou CTICED pursuant to Section 2.03 of the Project Agreement. Section 3.04. For the purposes of Section 9.08 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the 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 Bank, a plan, integrating the plan prepared by CTICED pursuant to Section 2.03(b) of the Project Agreement, for the continued achievement of the objectives of the Project; and (b) afford the 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) Section 3.01. The Borrower declares its commitment to the objectives of the ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou MDF to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of MDF therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou MDF 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 Section 3.02. Without any limitation or restriction upon any of its other obligations under this Agreement, the Borrower shall make available as a grant to MDF: (a) for the purposes of carrying out Part A the Project, the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable Credit allocated from time to time to Category 3 of the Loan pursuant table set forth in paragraph 1 of Schedule 1 to this Agreement; and (b) for the provisions purpose of Section 2.06 making available Local Project Financing to Participating LGUs under Part B of the Project, the proceeds of the Credit allocated from time to time to Categories 1 and 2 of the table set forth in paragraph 1 of Schedule 1 to this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.03. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 3 to this Agreement. 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 Project AgreementAssociation, and furnish to the Association not later than six (6) months after the Closing Date or such later date as said provisions may be further elaborated in agreed for this purpose between the Procurement Plan.Borrower and the Association, a plan for the future operation of the Project; and (b) The afford the Association a reasonable opportunity to exchange views with the Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approvalon said plan. Section 3.033.05. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou MDF pursuant to Section 2.03 2.04 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, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Guangdong to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Guangdong therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, resources necessary or appropriate to enable Fuzhou Guangdong to perform such obligations, and shall not take or permit to be taken any action which would otherwise prevent or interfere with such performance. (b) The Borrower shall make available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Guangdong on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account or payment from the Special Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the fee paid pursuant to Section 2.04 of this AgreementLoan. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank and the Borrower Recipient 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) shall be carried out by Fuzhou Guangdong pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou UMG to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of UMG therein set forth, shall take or cause to be taken all actionactions, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou UMG 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 available relend the proceeds of the Loan to Fuzhou, through UMG under a subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and UMG, under terms and conditions satisfactory to which shall have been approved by the Bank, and Bank including the following principal termsfollowing: (i) The principal amount the term of the Subsidiary Loan shall be made available in Dollars twelve (determined on the date12) years, or respective dates, of withdrawal from the Loan Accountincluding a four (4) of the value of the currency or currencies so withdrawn.year grace period; (ii) The following the Borrower shall be recovered over charge a period of twenty (20) years, inclusive of commitment fee at a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount rate equal to the fee paid pursuant to rate of commitment charge payable under Section 2.04 of this Agreement.; (iii) Interest the Borrower shall be charged charge interest on such the principal amount of the Subsidiary Loan withdrawn and outstanding from time to time at a rate equal to 200 basis points (2%) above the rate of interest applicable from time to time to payable by the Loan pursuant to the provisions of Borrower under Section 2.06 2.05 of this Agreement.; and (iv) A commitment fee shall be charged on such the principal amount of the Subsidiary Loan so made available and not shall be the equivalent in Dollars (determined as of the date or respective dates of repayment) of the value of currency or currencies withdrawn from time to time at a rate equal to three fourths the Loan Account on account of one percent (3/4 of 1%) per annumexpenditures for the Project. (ac) The Borrower shall exercise its rights under the Subsidiary Loan 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 Subsidiary Loan Agreement or any provision thereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works (including Technical Services), and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou UMG pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall, jointly with UMG, implement the Short-term Working Capital Financing Plan, in a manner satisfactory to the Bank. Section 3.05. The Borrower shall: (a) prepare a Privatization Implementation Plan based on terms of reference agreed with the Bank; and (b) implement the said plan in a manner satisfactory to the Bank. Section 3.06. The Borrower shall permit UMG to market its crude oil as UMG deems to be commercially appropriate.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou XAR to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of XAR therein set forth, shall take or cause to be taken all actionactions, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou XAR 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and XAR on the following principal terms: (i) The the principal amount so made available to XAR shall be made available in Dollars (determined on the date, or respective dates, of withdrawal amount withdrawn from the Loan Account) Account or paid out of the value Special Account on account of the currency or currencies so withdrawn.cost of goods, works and services required for the Project and to be financed out of the proceeds of the Loan; (ii) The following XAR shall be recovered repay the principal amount so made available to it over a period of twenty (20) years, inclusive of a grace period of five (5) years; and (iii) the Borrower shall charge: (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unpaid from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this Agreement. ; and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou XAR pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through shall cause Fujian Provincial Government, cause Fuzhou to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Fujian therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Fujian 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 available to Fujian the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and on the following principal terms: (i) The Fujian shall repay a principal amount shall be made available equal to the sum of: (A) the amount equivalent in Dollars (determined on the date, or respective dates, dates of withdrawal from the Loan Account, or payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out, and (B) an amount equal to the amount of the Front-end Fee; (ii) The following Fujian shall be recovered repay, in Dollars, the principal amount referred to in paragraph (b)(i) above over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.; (iii) Interest Fujian shall be charged pay interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 (a) of this Agreement.; and (iv) A Fujian shall pay a commitment fee shall be charged charge on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Fujian in respect of the Project pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, the Development Credit Agreement shall cause Fuzhou the Authority to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of the Authority therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou the Authority 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 available onlend the proceeds of the Loan Credit to Fuzhou, through the Fujian Provincial Government, Authority under a subsidiary loan agreement to be entered into between the Borrower and the Authority under terms and conditions satisfactory to which shall have been approved by the BankAssociation and which shall include interest at the rate of 7.75% per annum, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered repayment over a period of twenty (20) years, inclusive including six (6) years of a grace period of five (5) years: (A) grace, and the principal amount so made available; and (B) an amount equal foreign exchange risk to be borne by the fee paid pursuant to Section 2.04 of this AgreementAuthority. (iiic) Interest The Borrower shall be charged on exercise its rights under the Subsidiary Loan Agreement in such principal amount withdrawn manner as to protect the interests of the Borrower and outstanding from time the Association and to time at a rate equal to accomplish the rate purposes of interest applicable from time to time to the Credit and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan pursuant to the provisions of Section 2.06 of this AgreementAgreement or any provision thereof. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of the Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou the Authority 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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou ZPEPB to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of ZPEPB therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou ZPEPB 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 available relend the proceeds of the Loan to Fuzhou, through ZPEPB under a subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and ZPEPB, under terms and conditions satisfactory to which shall have been approved by the BankBank and which shall include, and the following principal terms: inter alia: (i) The principal amount shall be made available the same interest rate as specified in Dollars (determined on the date, or respective dates, Section 2.05 of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. this Agreement; (ii) The following shall be recovered over a repayment period of twenty (20) 20 years, inclusive of including a grace period of five (5) years: (A) the principal amount so made available; and (Biii) an amount equal the commitment charges and foreign exchange risk on the repayment of the subsidiary loan are to be born by XXXXX. (c) The Borrower shall exercise its rights under the Subsidiary Loan 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 Subsidiary Loan Agreement or any provision thereof. (d) Without limitation to the fee paid obligations of the Borrower under paragraph (a) above, in determining the levels and structures of ZPEPB’s electricity tariffs pursuant to Section 2.04 4.02 of this the Project Agreement, the Borrower shall take into account the results of the tariff study carried out under Beilungang Thermal Power Project (Loan No. 2706-CHA) between the Borrower and the Bank, dated July 1, 1986. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 4 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou ZPEPB pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Beijing to carry out the Project and to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Beijing therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Beijing 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Beijing on the following principal terms: (i) The the principal amount so made available shall be made available the equivalent in Dollars terms of dollars (determined on as of the date, or respective dates, dates of withdrawal from the Loan Account or payment out of the Special Account, as the case may be) of the value of the currency or currencies so withdrawn.withdrawn or paid out on account of the cost of goods, works and services required for the Project and to be financed out of the proceeds of the Loan, and shall be recovered by the Borrower in Dollars; (ii) The following the Borrower shall be recovered recover: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of said principal amount, over a period of twenty (20) years, inclusive of a grace period of five (5) years; and (iii) the Borrower shall charge Beijing: (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unpaid from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. ; and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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 the Project shall be carried out by Fuzhou Beijing pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Anhui to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Anhui therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Anhui 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Anhui on the following principal terms: (i) The the principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account or of payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out; (ii) The the following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the fee paid pursuant to Section 2.04 of this Agreement.Loan; (iii) Interest interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement.; and (iv) A a commitment fee charge shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths to: (i) eighty five one-hundredths of one percent per cent (3/4 of 10.85%) per annumannum from the date on which such charge commences to accrue in accordance with the provisions of Section 3.02 of the General Conditions to but not including the fourth anniversary of such date; and (ii) seventy five one-hundredths of one per cent (0.75%) per annum thereafter. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Anhui pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou UMG to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of UMG therein set forth, shall take or cause to be taken all actionactions, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou UMG 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 available relend the proceeds of the Loan to Fuzhou, through UMG under a subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and UMG, under terms and conditions satisfactory to which shall have been approved by the Bank, and Bank including the following principal termsfollowing: (i) The principal amount the term of the Subsidiary Loan shall be made available in Dollars twelve (determined on the date12) years, or respective dates, of withdrawal from the Loan Accountincluding a four (4) of the value of the currency or currencies so withdrawn.year grace period; (ii) The following the Borrower shall be recovered over charge a period of twenty (20) years, inclusive of commitment fee at a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount rate equal to the fee paid pursuant to rate of commitment charge payable under Section 2.04 of this Agreement.; (iii) Interest the Borrower shall be charged charge interest on such the principal amount of the Subsidiary Loan withdrawn and outstanding from time to time at a rate equal to 200 basis points (2%) above the rate of interest applicable from time to time to payable by the Loan pursuant to the provisions of Borrower under Section 2.06 2.05 of this Agreement.; and (iv) A commitment fee shall be charged on such the principal amount of the Subsidiary Loan so made available and not shall be the equivalent in Dollars (determined as of the date or respective dates of repayment) of the value of currency or currencies withdrawn from time to time at a rate equal to three fourths the Loan Account on account of one percent (3/4 of 1%) per annumexpenditures for the Project. (ac) The Borrower shall exercise its rights under the Subsidiary Loan 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 Subsidiary Loan Agreement or any provision thereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works (including Technical Services), and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou UMG pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall, jointly with UMG, implement the Short-term Working Capital Financing Plan, in a manner satisfactory to the Bank. Section 3.05. Except as the Bank shall otherwise agree, the Borrower shall: (a) prepare a Privatization Implementation Plan based on terms of reference agreed with the Bank; and (b) implement the said plan in a manner satisfactory to the Bank. Section 3.06. The Borrower shall take all reasonable steps to ensure that UMG crude oil is marketed in a commercially appropriate manner.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject as set forth in Schedule 2 to this Agreement, and, to this end: (i) shall carry out, or cause to be carried out, Parts A, C, D and E of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial prac- tices and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Parts of the Project; and (ii) without any limitation or restriction upon any of its other obligations under this the Development Credit Agreement, shall, through Fujian Provincial Government, the Borrower shall cause Fuzhou NHC to perform in accordance with carry out Part B of the provisions Project and to per- form all its obligations set forth in the Project Pro- ject Agreement, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary neces- sary or appropriate to enable Fuzhou NHC 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 available the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for Parts B, C, D and E of the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 3 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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 Part B of the Project shall be carried out by Fuzhou NHC pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall establish, or cause to be established, a housing refinance facility to refinance through Participating Intermediaries mortgages for the purchase of lots developed by NHC and for the construction of homes by eligible beneficiaries in Port Vila and Luganville, which facility shall be satisfactory to the Association and shall include, inter alia, those provisions set out in Schedule 5 to this Agreement. Section 3.05. The Borrower shall enter into a Participation Agreement with each Participating Intermediary on terms and conditions satisfactory to the Association, including those set out in Schedule 5 to this Agreement. Section 3.06. The Borrower shall each year until completion of the Project, beginning June 30, 1992: (a) review jointly with the Association, the operation and performance of the HRF, including compliance with the relevant HRF guidelines, and furnish to the Association a copy of the results of such review as soon as available; and (b) review the achievement of the following performance targets of NHC: deposits shall have been received for at least 75% of all lots prior to start of construction, an average margin on direct development costs of at least 25% shall have been achieved by NHC on lots sold during the year, at least 95% of all leases shall have been converted into mortgages at the end of the original lease term, and arrears on lease payment collections shall be no more than 5%.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Interim Fund Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou each of the Water Companies to perform in accordance with the provisions set forth in of the Project AgreementAgreement all of its obligations therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou each of the Water Companies 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 available shall, through MOF, relend the proceeds of the Loan Interim Fund Credit to Fuzhouthe Water Companies, through each under a separate subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and each of the Water Companies, under terms and conditions satisfactory to which shall have been approved by the BankAdministrator, and the following principal termswhich shall include: (i) The principal the amount so relent to each of the Water Companies shall be made available in Dollars (determined on the date, or respective dates, of withdrawal amounts allocated to and withdrawn from the Loan Accountfollowing Categories: (A) of the value of the currency or currencies so withdrawn.Hanoi Water Business Company, Categories (1)(a), (2)(a) and (3)(a); (B) Haiphong Water Supply Company, Categories (1)(b), (2)(b) and (3)(b); (C) Xxxxx Xxxx Water Supply Company, Categories (1)(c), and (2)(c); and (D) Danang Water Supply Company, Categories (1)(d), (2)(d) and (3)(c); (ii) The interest at a rate of six and five tenths of one percent (6.5%) per annum on the principal amount so relent and withdrawn by each of the Water Companies and outstanding from time to time shall accrue from the day immediately following shall be recovered the end of the grace period mentioned in (iii) below; (iii) repayment over a period of twenty (20) years, inclusive of including a grace period of five (5) years: (A) , of the principal amount so made available; and (B) an amount equal to equivalent in Dong at the fee paid pursuant to Section 2.04 time of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding withdrawal of the respective SDR amounts from time to time at a rate equal to from the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this AgreementInterim Fund Credit Account. (ivc) A commitment fee The Borrower shall be charged on exercise its rights under each Subsidiary Loan Agreement in such principal amount manner as to protect the interests of the Borrower and the Administrator and to accomplish the purposes of the Interim Fund Credit, and except as the Administrator shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive any of the Subsidiary Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annumAgreements or any provision thereof. (a) Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Interim Fund Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Administrator hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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 Project shall be carried out by Fuzhou each of the Water Companies pursuant to Section 2.03 of the Project Agreement. Section 3.04. Without limitation to the provisions of Section 3.01(a) of this Agreement, the Borrower shall cause each of the People’s Committee of the Project Cities and Province to: (a) promptly provide to its respective Water Company the required counterpart funds for carrying out the Respective Parts of the Project;

Appears in 1 contract

Samples: Interim Fund Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, end shall cause Fuzhou each Sanitation and Drainage Company to perform in accordance with the provisions set forth in of the Project AgreementAgreement all of its obligations therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou each of the Sanitation and Drainage Companies 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 shall, through MOF, make available available, on a grant basis, the proceeds of the Loan Credit to Fuzhou, through the Fujian Provincial GovernmentSDCOs, under terms and conditions instructions to be issued by MOF, satisfactory to the Bank, Association. The amount of the proceeds of the Credit so made available to each of the SDCOs shall be the amounts allocated to and withdrawn from the following principal termsCategories: (i) The principal amount shall be made available in Dollars Cam Pha Urban Environmental Company, Categories (determined on the date1)(a) and 2(a); (ii) Danang Urban Environmental Company, or respective datesCategories (1)(b), of withdrawal from the Loan Account(2)(b), (3); (4) of the value of the currency or currencies so withdrawnand (5); (iii) Haiphong Sewerage and Drainage Company, Categories (1)(c) and (2)(c); and (iv) Halong Urban Environmental Company, Categories (1)(d) and (2)(d). (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (ac) Except as the Bank Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any of the MOF Instructions or any provision thereof. Section 3.02. Except as the Association shall otherwise agree: (a) procurement of the goods, works and consultants’ services required for Parts A and B of the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 2 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. ; and (b) The Borrower shallprocurement of works, through goods and services for the Fujian Provincial Government, cause Fuzhou to update Sanitation Sub-projects financed by an XXX-Sanitation Sub-loan shall be governed by the Procurement Plan in accordance with guidelines acceptable provisions of paragraph 6(b) of Schedule 3 to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approvalProject Agreement. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 9.09 of the General Conditions 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 Fuzhou each of the Sanitation and Drainage Companies pursuant to Section 2.03 of the Project Agreement. Section 3.04. Without limitation to the provisions of Section 3.01(a) of this Agreement, the Borrower shall cause each of the People’s Committees of the Project Cities and Province to: (a) promptly provide to its respective Sanitation and Drainage Company the required counterpart funds for carrying out the Respective Parts of the Project; (b) take all such action as shall be necessary to enable its respective Sanitation and Drainage Company to comply with all its obligations under the Project Agreement, in particular the Financial Covenants under Article IV of the Project Agreement, and the implementation of its respective Resettlement Action Plan and Environmental Management Plan; and (c) take all such action as shall be necessary for the effective and timely compliance of its obligations set forth in the respective Resettlement Action Plan. Section 3.05. The Borrower shall cause the Xxxxx Xxxx Provincial People’s Committee to maintain at all times during the implementation of the Project the Xxxxx Xxxx PMU, headed by a qualified manager and assigned with such functions, responsibilities and funds satisfactory to the Association, and with competent staff in adequate numbers as shall be required for purposes of managing the Respective Parts of the Project of Cam Pha Urban Environmental Company and Halong Urban Environmental Company, including a civil engineer, a professional accountant, and a procurement and project management specialist, each with qualifications, experience and terms and conditions of employment satisfactory to the Association; Section 3.06. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators 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 July 31, 2002, 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 September 30, 2002, 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. Section 3.07. For the purposes of Section 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 ProjectProject 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, shallshall cause Rajasthan to carry out or to ensure that RVUN, through Fujian Provincial GovernmentRVPN, cause Fuzhou to perform in accordance with JAIPUR DISCOM, AJMER DISCOM and JODHPUR DISCOM, as the provisions set forth in case may be, carry out the Project Agreementwith due diligence and efficiency and in conformity with appropriate administrative, financial, engineering, and technical practices, and shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou RVUN, RVPN, JAIPUR DISCOM, AJMER DISCOM and JODHPUR DISCOM 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 available the proceeds of the Loan available to Fuzhou, through Rajasthan in accordance with the Fujian Provincial Government, under terms and conditions satisfactory Borrower’s standard arrangements for developmental assistance to the Bank, and the following principal terms:States of India. (ic) The principal amount Borrower shall be made available in Dollars (determined on release to Rajasthan funds equivalent to the date, or respective dates, of withdrawal amounts withdrawn by the Borrower from the Loan Account) of , including those deposited in the value of the currency or currencies so withdrawnSpecial Account, promptly after such withdrawal. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works works, and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 4 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Bank 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) shall be carried out by Fuzhou RVUN, RVPN, JAIPUR DISCOM, AJMER DISCOM and JODHPUR DISCOM pursuant to Section 2.03 (a) of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Shaanxi to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Shaanxi therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Shaanxi 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 available the proceeds of the Loan Credit available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Shaanxi on the following principal termsterms and conditions: (i) The the principal amount of the Credit so made available to Shaanxi shall be made available equivalent in Dollars SDRs (determined on as of the date, date or respective dates, dates of withdrawal from the Loan Credit Account) of the value of the currency or currencies so withdrawn.; (ii) The following the Borrower shall be recovered recover from Shaanxi such principal amount, in dollars (determined as of the date or dates of recovery) over a period of twenty (20) 17 years, inclusive of a grace period of five (5) 5 years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.; (iii) Interest the Borrower shall be charged charge Shaanxi a service charge on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum; and (iv) the Borrower shall charge Shaanxi a commitment fee on the principal amount of the Credit not withdrawn from time to time at a rate equal to one-half of one percent (1/2 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou Shaanxi 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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou the Project Provinces to perform in accordance with the provisions set forth in of the Project AgreementAgreement all their respective obligations therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou the Project Provinces 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 available the proceeds to each Project Province its Respective Proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and on the following principal terms: (i) The the principal amount so made available shall be made available the equivalent in Dollars dollars (determined on the date, date or respective dates, dates of withdrawal from the Loan Account or payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out, on account of the cost of goods, works and services required for said Project Province’s Respective Part of the Project and to be financed out of the proceeds of the Loan; (ii) The following the Borrower shall be recovered recover from said Project Province, the principal amount so made available over a period of twenty (20) years, inclusive of a grace period of five (5) years: ; and (iii) the Borrower shall charge (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unrecovered from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this Agreement. Agreement and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower Fuzhou declares its commitment to the objectives of the ProjectProject as set forth in Schedule 2 to the Loan Agreement, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall, through Fujian Provincial Government, cause Fuzhou to perform in accordance with the provisions set forth in shall carry out the Project Agreementwith due diligence and efficiency and in conformity with appropriate administrative, financial, engineering, urban development, public transports and economic practices, and social and environmental standards acceptable to the Bank, and shall take provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceresources required for the Project. (b) The Borrower Without limitation upon the provisions of paragraph (a) of this Section and except as the Bank and Fuzhou shall otherwise agree, Fuzhou shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to this Agreement. (c) Fuzhou shall make available the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, Project Companies under terms and conditions satisfactory to the Bank, including the same financial terms and conditions of the Loan made so available to Fuzhou, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this the Loan Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this the Loan Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works works, and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank and the Borrower hereby agree that (a) Fuzhou shall carry out 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) shall be carried out by Fuzhou pursuant to Section 2.03 in respect of the Project AgreementProject. (b) For the purposes of Section 9.07 of the General Conditions and without limitation thereto, Fuzhou shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Bank and Fuzhou, a plan for the future operation of the Project; and (ii) afford the Bank a reasonable opportunity to exchange views with Fuzhou on said plan. Section 2.04. (a) Fuzhou 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 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, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Hubei Province to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Hubei Province therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Hubei Province 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, Hubei Province under terms and conditions satisfactory to the Bank, and including the following principal terms: (i) The Hubei Province shall repay a principal amount shall be made available equal to the amount equivalent in Dollars (determined on the date, or respective dates, dates of withdrawal from the Loan Account, or payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out; (ii) The following Hubei Province shall be recovered repay, in Dollars (A) the principal amount referred to in paragraph (b)(i) above and (B) an amount equal to 1% of the Loan, over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.; (iii) Interest Hubei Province shall be charged pay interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.06(a) of this Agreement.; and (iv) A Hubei Province shall pay a commitment fee shall be charged charge on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three- fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Hubei Province pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, and, 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 the Development Credit Agreement, shall, through Fujian Provincial Government, the Borrower shall cause Fuzhou Changchun to perform in accordance with the provisions all its obligations set forth in the Changchun Project Agreement, and shall cause CWSC and CSC to perform all of their respective obligations set forth in the CWSC and CSC Project Agreement, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Changchun, CWSC and CSC 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 available onlend the proceeds of the Loan Credit to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Changchun on the following principal terms: terms and conditions: (i) The principal amount the term for repayment of such proceeds shall be made available in Dollars (determined on the datenot exceed fifteen years, or respective dates, including five years of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. grace; (ii) The following interest shall be recovered over a period paid on all outstanding amounts of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding proceeds from time to time at a fixed rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement.of 5.1 percent per annum; (iviii) A a commitment fee charge shall be charged paid by Changchun on such principal the amount of the Loan so made available and Credit proceeds not withdrawn from time to time at a fixed rate equal to three fourths of one-half of one percent percent; and (3/4 iv) all foreign exchange risks incurred during the period of 1%) per annumrepayment by Changchun shall be born by Changchun. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 9.09 of the General Conditions (relating respectively to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition) in respect of Parts C, respectively) D.2 and E of the Project shall be carried out by Fuzhou Changchun pursuant to Section 2.03 of the Changchun Project Agreement, and by CWSC in respect of Parts A, D.1(a) and (b), and E of the Project and by CSC in respect of Parts B, D.1(c) and (d), and E of the Project pursuant to Section 2.03 of the CWSC and CSC Project Agreement. Section 3.04. Without limitation to the provisions of Section 3.01 (a) of this Agreement, the Borrower agrees that: (a) all funds made available by the Borrower (other than the proceeds of the Credit) shall be made available through Changchun in Renminbi and that: (i) for purposes of carrying out Parts A and D.1(a) and (b) of the Project such funds shall be considered equity capital of CWSC; and (ii) for purposes of carrying out Parts B and D.1(c) and (d) of the Project such funds shall be considered equity capital of CSC; (b) it shall cause Jilin to make available funding through Changchun in Renminbi and that: (i) for purposes of carrying out Parts A and D.1(a) and (b) of the Project such funds shall be considered equity capital of CWSC; and (ii) for purposes of carrying out Parts B, D.1(c) and (d) of the Project such funds shall be considered equity capital of CSC. Section 3.05. The Borrower shall cause Jilin to enter into and perform all its obligations under the Jilin Water Supply Contract.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou the Generation Companies and NDC to perform in accordance with the provisions of their respective Project Agreements, all the obligations of the Generation Companies and NDC therein set forth in the Project Agreementforth, shall take or cause to be taken the actions provided for in the Implementation Program set forth in Schedule 5 to this Agreement, and all other action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou the Generation Companies and NDC 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 available relend a portion of the proceeds of the Loan to Fuzhou, through each of the Fujian Provincial GovernmentGeneration Companies and NDC under subsidiary loan agreements to be entered into between the Borrower and each of the Generation Companies and NDC, under terms and conditions satisfactory which shall include those set forth in Schedule 7 to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iiic) Interest The Borrower shall be charged on exercise its rights under the Subsidiary Loan Agreements in such principal amount withdrawn manner as to protect the interests of the Borrower and outstanding from time the Bank and to time at a rate equal to accomplish the rate purposes of interest applicable from time to time to the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan pursuant to the provisions of Section 2.06 of this AgreementAgreements or any provision thereof. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement procure- ment of the goods, works goods and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 4 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.and

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou each of the Project Provinces to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of said Project Province therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou said Project Province 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 available to each Project Province its Respective Part of the proceeds Proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and on the following principal terms: (i) The the principal amount so made available shall be made available the equivalent in Dollars (determined on the date, or respective dates, dates of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out; (ii) The following said Project Province shall be recovered repay, in Dollars, the principal amount so made available to it over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.and (iii) Interest the Borrower shall be charged charge interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 (a) of this Agreement.; and (iv) A the Borrower shall charge a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou each Project Province in respect of its Respective Part of the Project, pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Guangxi to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Guangxi therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Guangxi 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 available the proceeds of the Loan available to FuzhouGuangxi (which, through in turn, will make the Fujian Provincial Government, under terms and conditions satisfactory proceeds of the Loan available to the Bank, and Liuzhou) on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, agree procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Guangxi pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou CUD to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of CUD therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou CUD 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 assist CUD in the carrying out of the Project in accordance with the Implementation Program set forth in Schedule 2 to the Project Agreement. (c) The Borrower shall make available the proceeds of the Loan Credit available to FuzhouCUD, through as a grant under a subsidiary agreement to be entered into between the Fujian Provincial GovernmentBorrower and CUD, under terms and conditions satisfactory to which shall have been approved by the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawnAssociation. (iid) The following Borrower shall be recovered over a period exercise its rights under the Subsidiary Agreement in such manner as to protect the interests of twenty (20) yearsthe Borrower and the Association and to accomplish the purposes of the Credit, inclusive of a grace period of five (5) years: (A) and, except as the principal amount so made available; and (B) an amount equal to Association shall otherwise agree, the fee paid pursuant to Section 2.04 of this AgreementBorrower shall not assign, amend, abrogate or waive the Subsidiary Agreement or any provision thereof. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Without any limitation upon the provisions of Section 3.01 of this Agreement, the Borrower shall, for the purposes of making available its counterpart contribution to the financing of the Project: (a) open and maintain an account in CFAF in a commercial bank acceptable to the Association (the “Project Account”); (b) deposit into the Project Account an initial contribution of CFA Francs one billion (CFA Francs 1,000,000,000); (c) thereafter, xxxxxxxxx said account by March 31, June 30, September 30 and December 31 at the latest in each year, with such amounts as shall be required as the Borrower’s counterpart funding, which is not otherwise financed out of the proceeds of the Credit; and (d) ensure that the 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 not otherwise financed out of the proceeds of the Credit. Section 3.04. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall take steps, or cause CUD to take steps, 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 3.05. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou CUD pursuant to Section 2.03 of the Project Agreement. Section 3.06. The Borrower shall promptly take all action which shall be necessary on its part: (i) under the Environmental Management Plan; and (ii) to enable CUD to perform all its obligations under said Plan and to obtain any authorization for the Project required under said Plan. Section 3.07. The Borrower shall: (a) maintain the PCC, in a form satisfactory to the Association; and (b) ensure that PCC has the overall responsibility for guidance and monitoring of the Project implementation.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou CDR to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of CDR therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou 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) The Borrower shall make available as a grant the proceeds of the Loan to Fuzhou, through CDR under a subsidiary grant agreement to be entered into between the Fujian Provincial Government, under terms Borrower and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawnCDR. (iic) The following Borrower shall be recovered over a period exercise its rights under the Subsidiary Grant Agreement in such manner as to protect the interests of twenty (20) yearsthe Borrower and the Bank and to accomplish the purposes of the Loan, inclusive of a grace period of five (5) years: (A) and, except as the principal amount so made available; and (B) an amount equal to Bank shall otherwise agree, the fee paid pursuant to Section 2.04 of this AgreementBorrower shall not assign, amend, abrogate or waive the Subsidiary Grant Agreement or any provision thereof. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou CDR pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall, for the purposes of Parts A, B, C and E of the Project, continue to maintain the SIU and any other successor unit with members whose qualifications, experience and terms of reference are acceptable to the Bank, to provide assistance to CDR in carrying out their respective Project implementation functions. Section 3.05. The Borrower shall establish, not later than January 1, 2000, a program for the control of the discharge of industrial toxic and other harmful effluents into the public wastewater collection system and ensure thereafter the compliance by industries therewith. Section 3.06. The Borrower shall, not later than January 1, 1998, submit to its Parliament a draft law, acceptable to the Bank, reforming the water and wastewater sector, including the creation of regional water, wastewater and irrigation companies, a finance regulatory commission, and the development of MHER into a national authority for policy setting, advisory services and investment planning.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Shijiazhuang to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Shijiazhuang therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Shijiazhuang 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 For the purposes of carrying out the Project, the Borrower shall make available the proceeds of the Loan available to FuzhouShijiazhuang, through the Fujian Provincial GovernmentHebei Province, under terms and conditions satisfactory to which shall have been approved by the Bank, and Bank which shall include the following principal termsfollowing: (i) The the principal amount so made available to Shijiazhuang shall be made available the equivalent in terms of Dollars (determined on as of the date, or respective dates, dates of withdrawal from the Loan Account or payment out of the Special Account, as the case may be) of the value of the currency or currencies so withdrawn.withdrawn or paid out on account of the cost of items required for the Project and to be financed out of the proceeds of the Loan, and shall be recovered by the Borrower in Dollars (the Loan Amount); (ii) The following the Borrower shall be recovered recover the Loan Amount from Shijiazhuang in semi-annual installments over a period of twenty (20) 20 years, inclusive of a grace period of five (5) 5 years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.; (iii) Interest the Borrower shall be charged charge interest on such principal amount the Loan Amount withdrawn and outstanding from time to time time, at a rate equal to which shall not exceed the rate of interest applicable payable by the Borrower from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement.; and (iv) A the Borrower shall charge: (A) a commitment fee shall be charged on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three which shall not exceed three-fourths of one percent (3/4 of 1%) per annum; and (B) an additional fee in an amount equal to the amount payable by the Borrower pursuant to Section 2.04 of this Agreement. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou PCIs to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of PCIs therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou PCIs to perform perfom 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 available relend the proceeds of the Loan to Fuzhou, through PCIs under subsidiary loan agreements to be entered into between the Fujian Provincial GovernmentBorrower and PCIS, under terms and conditions satisfactory to which shall have been approved by the Bank, and the following principal terms: Bank which shall include: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, a rate of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal return equivalent to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a interest rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this Agreement. ; (ivii) A commitment fee shall be charged on such repayment of the principal amount of the Loan so made available and not Loan, which shall for this purpose be the aggregate equivalent of the amounts withdrawn from time the Loan Account expressed in rupees determined as of the respective dates of withdrawals, over a period of twelve years, including a grace period of three years; and (iii) a requirement that PCIs shall be and shall continue to time at a rate equal be creditworthy to three fourths the satisfaction of one percent (3/4 of 1%) per annumthe Bank. (ac) The Borrower shall exercise its rights under the Subsi- diary Loan Agreements 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 Subsidiary Loan Agreements or any provisions thereof. Section 3.02. Except as the Bank shall otherwise agree, procurement pro- curement of the goods, works and consultants’ services required for Parts A, B and E of the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.and

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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Henan to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Henan therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Henan 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Henan on the following principal terms: (i) The the principal amount so made available to Henan shall be made available in Dollars (determined on the date, or respective dates, of withdrawal amount withdrawn from the Loan Account) Account or paid out of the value Special Account, on account of the currency or currencies so withdrawn.cost of goods, works and services required for the Project and to be financed out of the proceeds of the Loan; (ii) The following Henan shall be recovered repay the principal amount so made available to it over a period of twenty (20) years, inclusive of a grace period of five (5) years; and (iii) the Borrower shall charge: (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unpaid from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this Agreement. ; and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Henan pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject as set forth in Schedule 2 to this Agreement, and, to this end, shall: (i) carry out Parts E and F of the project with due diligence and efficiency and in conformity with appropriate administrative financial, engineering and environmental practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for said Parts of the Project; and (ii) without any limitation or restriction upon any of its other obligations under this the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou YWSE to perform in accordance with the provisions of the YWSE Project Agreement all the obligations of YWSE therein set forth in the Project Agreementforth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou YWSE 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 E and F of the Project and shall assist YWSE in carrying out Parts A, B, C and D of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) The Borrower shall make available relend the proceeds of the Credit allocated from time to time to Categories (1)(a) and (b), (2)(a) and (b), (3) and (4) of the table in paragraph 1 of Schedule 1 to this Agreement to YWSE (the Subsidiary Loan for the purposes of this paragraph) under a subsidiary loan agreement to Fuzhou, through be entered into between the Fujian Provincial Government, Borrower and YWSE (the Subsidiary Loan Agreement) under terms and conditions satisfactory to which shall have been approved by the BankAssociation and which shall include, and without limitation, the following principal terms: (i) The the principal amount of the Subsidiary Loan shall be made available repaid by YWSE to the Borrower in Dollars equal semi-annual installments over thirty five (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (2035) years, inclusive of including a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.ten

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou each Project Province to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of the Project Province therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou each Project Province 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and each Project Province on the following principal terms: (i) The principal amount so made available shall be made available the amount in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following Borrower shall be recovered recover: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the Loan from each Project Province over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest The Borrower shall be charged charge interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A The Borrower shall charge a commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou each Project Province pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Chongqing to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Chongqing therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Chongqing 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Chongqing on the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Chongqing pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou OPTT to perform in accordance with the provisions set forth in of the Project Agreement, Agreement all the obligations of OPTT therein set forth; shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou OPTT 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 available relend the proceeds of the Loan Credit to Fuzhou, through OPTT under a subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and OPTT, under terms and conditions satisfactory to which shall have been approved by the Bank, Association which shall include interest at the rate of 7.65 percent per annum and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a repayment period of twenty (20) years, inclusive of 17 years including a grace period of five (5) 5 years: (A) . OPTT shall bear the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreementforeign exchange risk on such onlending. (iiic) Interest The Borrower shall be charged on exercise its rights under the Sub- sidiary Loan Agreement in such principal amount withdrawn manner as to protect the interests of the Borrower and outstanding from time the Association and to time at a rate equal to accomplish the rate purposes of interest applicable from time to time to the Credit and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan pursuant to the provisions of Section 2.06 of this AgreementAgreement or any provision thereof. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou OPTT 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 ProjectProject as set forth in Schedule 2 to this Agreement, and, to this end: (i) shall carry out Part B, Part C, Part D and Part E of the Project through the PU with due diligence and efficiency and in conformity with appropriate administrative, financial, public utility and environmental 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou LEC to carry out Part A of the Project and to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of LEC therein set forth, shall take or and cause to be taken all action, action including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou LEC 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 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 make available carry out the proceeds of Project in accordance with the Loan Implementation Program set forth in Schedule 4 to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 3 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank For the purposes of Section 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 and 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, 9.07 and 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 Part A. of the Project shall be carried out by Fuzhou LEC pursuant to Section 2.03 of the Project Agreement. Section 3.05. The Borrower shall, no later than June 30, 2003, establish and thereafter maintain LEA with functions and responsibilities acceptable to the Association and with staff in adequate numbers, whose qualifications and experience shall at all time be satisfactory to the Association. Section 3.06. Without any prejudice to the provisions of Section 3.01 (a) (ii) of this Agreement, the Borrower shall maintain contractual arrangements acceptable to the Association, with a technical operator whose qualifications and experience shall be satisfactory to the Association. The said contractual arrangements shall provide, inter alia, that full managerial autonomy for the conduct of LEC’s day-to-day operations shall be vested with qualified experts and staff working directly under the responsibility and control of the technical operator.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Zhejiang to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Zhejiang therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Zhejiang 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 available onlend the proceeds of the Loan Credit to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Zhejiang on the following principal termsterms and conditions: (i) The principal amount shall be made available in Dollars (determined on the daterepayment over a period not exceeding fifteen years, or respective dates, including five years of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn.grace; (ii) The following shall interest to be recovered over a period paid by Zhejiang at the rate of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.5.1% per annum; (iii) Interest shall all foreign exchange risks to be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement.borne by Zhejiang; and (iv) A commitment fee shall charges to be charged on such principal amount of the Loan so made available and not withdrawn from time to time paid by Zhejiang at a fixed rate equal to three fourths of one-half of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 9.09 of the General Conditions (relating respectively to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out by Fuzhou Zhejiang 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, 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, through Fujian Provincial Government, shall cause Fuzhou SBEE to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of SBEE therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou SBEE 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 available shall: (i) relend a portion of the proceeds of the Loan Credit equivalent to Fuzhou, through 13.6 million dollars to SBEE under a subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and SBEE, under terms and conditions satisfactory to approved by the BankAssociation which shall provide, and inter alia, that: (A) such portion of the following principal terms: (i) The principal amount proceeds of the Credit shall be made available in Dollars (determined on the date, or respective dates, onlent at an interest rate of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over 7.7% per annum for a period term of twenty (20) years, inclusive of including a five-year grace period of five (5) years: (A) the principal amount so made available; period, and (B) that SBEE shall bear the foreign exchange risk of such onlending; and (ii) contribute the balance of the proceeds of the Credit to SBEE as an amount equal to equity contribution, under the fee paid pursuant to Section 2.04 of this said Subsidiary Loan Agreement. (iiic) Interest The Borrower shall be charged on exercise its rights under the Subsidiary Loan Agreement in such principal amount withdrawn manner as to protect the interests of the Borrower and outstanding from time the Association and to time at a rate equal to accomplish the rate purposes of interest applicable from time to time to the Credit, and except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan pursuant to the provisions of Section 2.06 of this AgreementAgreement or any provision thereof. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou SBEE pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall cause each government entity (whether central, local or other), including ministries, public entities and quasi-public entities: (a) to reduce their arrears due SBEE in accordance with a schedule adopted on or before January 15, 1992 and satisfactory to the Association; (b) to pay all bills presented by SBEE within three months of receipt; and (c) to adopt annual budgets that adequately provide for their respective projected annual electricity consumption. Section 3.05. The Borrower shall comply with the provisions of the performance contract, referred to in Section 5.01 (c) of this Agreement and shall not amend, waive or otherwise modify any material provision thereof without the approval of the Association. Section 3.06. Without limitation upon the provisions of Section 9.01 of the General Conditions, the Borrower, SBEE and the Association shall not later than June 30, 1994, jointly undertake a mid-term review of the progress achieved in carrying out 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, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Guangdong and Guangxi to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Guangdong and Guangxi therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Guangdong and Guangxi 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 available to Guangdong and Guangxi their Respective Part of the proceeds Proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and on the following principal terms: (i) The the principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account or of payment out of the respective Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out on account of the cost of items required for the Project and to be financed out of the proceeds of the Loan; (ii) The the following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to one percent (1%) of the fee paid pursuant to Section 2.04 Respective Part of this Agreement.the Proceeds of the Loan; (iii) Interest interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement.; and (iv) A a commitment fee charge shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Guangdong and Guangxi in respect of its Respective Part of the Project pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou SMECA to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of SMECA therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou SMECA 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 available the proceeds of the Loan Credit and the Italian Grant, respectively, available to FuzhouSMECA, through each under a grant agreement to be entered into between the Fujian Provincial GovernmentBorrower and SMECA on a non-refundable grant basis, under such other terms and conditions satisfactory which shall have been approved by the Association. Section 3.02. The Borrower shall take all measures necessary on its part to ensure that SMECA shall exercise its rights and comply with its obligations under the BankProject Documents in such a manner as to protect the interests of the Borrower, the Association and SMECA, and to accomplish the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) purposes of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approvalCredit. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) ), shall be carried out by Fuzhou SMECA pursuant to Section 2.03 2.09 of the Project Agreement. Section 3.04. The Borrower shall enter into a Project Support Agreement, on terms and conditions satisfactory to the Association, with each of the Republic of Serbia and the Republic of Montenegro, respectively, pursuant to which each said Republic shall undertake, inter alia, obligations to: (a) support the Borrower’s commitment to the Project as set forth in this Agreement; (b) agree to contribute its proportionate share toward the payment and repayment obligations of the Borrower in accordance with this Agreement; and (c) support and enable SMECA to carry out the Project in accordance with its obligations under the Project Agreement and the Operations Manual. Section 3.05. Except as the Association shall otherwise agree, procurement of the goods and consultants’ services required for Parts B, E, and F of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 5 to the Project Agreement. Section 3.06. 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 designed to ensure the 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 3.07. The Borrower shall ensure that: (a) SMECA shall carry out the environmental reviews concerning the environmental mitigation, monitoring and institutional measures for the Project in a timely manner and in compliance with: (a) environmental standards satisfactory to the Association; and (b) all applicable laws and regulations of the Borrower relating to health, safety and environmental protection, and shall include adequate information on the carrying out of such measures in the quarterly progress reports referred to in paragraph (b) of this Section. (b) SMECA shall carry out an environmental impact assessment (EIA) for all Sub-projects in accordance with the requirements of Part VII of the Operations Manual (entitled ‘Environmental Manual’), in a timely manner and in compliance with: (a) environmental standards satisfactory to the Association; and (b) all applicable laws and regulations of the Borrower relating to health, safety and environmental protection. In addition, SMECA shall include adequate information on the carrying out of such EIAs in quarterly progress reports to be submitted to the Borrower and the Association, with the first EIA quarterly report to be provided not later than 45 days after the end of the first calendar quarter after the Effective Date, and shall cover the period from the incurrence of the first expenditure under the first Sub-project through the end of such first calendar quarter; thereafter, each EIA quarterly report shall be furnished to the Borrower and the Association not later than 45 days after each subsequent calendar quarter, and shall cover such calendar quarter.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou the Project Provinces to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of the Project Provinces therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou the Project Provinces 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 available the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory Credit to the Bank, and Project Provinces in amounts corresponding to amounts withdrawn from the Credit Account on account of expenditures under their respective parts of the Project on the following principal termsterms and conditions: (i) The principal amount shall be made available in Dollars (determined on the daterepayment within 17 years, or respective dates, including six years’ of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn.grace; (ii) The following shall interest to be recovered over paid at a period rate of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available5.3 percent per annum; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.and (iii) Interest the foreign exchange risk shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to borne by the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreementrespective Project Provinces. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works works, and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou the Project Provinces pursuant to Section 2.03 of the Project Agreement. (a) The Borrower shall maintain the central project coordinating office in its Ministry of Agriculture to coordinate Project activities among the Project Provinces, including procurement, accounting and training activities, with functions and responsibilities acceptable to the Association, staffed by competent staff in adequate numbers. (b) Without limitation upon the provisions of Section 9.06 of the General Conditions, the Borrower shall, by May 31, 1997, undertake a mid-term review with the Association and the Project Provinces of the progress of and prospects for Project implementation.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, Project as set forth in Schedule 2 to this Agreement and, to this end: (i) shall carry out Part C of the Project through MINAGRA and Part D of the Project through MINICOM, without any limitation or restriction upon any of its with due diligence and efficiency and in conformity with appropriate administrative, technical, scientific and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other obligations under this Agreement, shall, through Fujian Provincial Government, resources required for the Project; and (ii) shall cause Fuzhou ANADER and CNRA to perform in accordance with the provisions set forth in of the ANADER Project Agreement and the CNRA Project Agreement, respectively, all the obligations of ANADER and CNRA therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou ANADER and CNRA 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 C and D of the Project and cause ANADER and CNRA to carry out Parts A and B, respectively, in accordance with the Implementation Program set forth in Schedule 4 to this Agreement and Schedule 2 to the ANADER Project Agreement and the CNRA Project Agreement. (c) The Borrower shall shall: (i) make available the proceeds of the Loan Credit allocated from time to Fuzhoutime to Categories (1)(a), through (2)(a), (3)(a) and (4)(a) of the Fujian Provincial Governmenttable set forth in paragraph 1 of Schedule 1 to this Agreement available to ANADER on a non-reimbursable basis under a subsidiary agreement to be entered into between the Borrower and ANADER; and (ii) make the proceeds of the Credit allocated from time to time to Categories (1)(b), (2)(b), (3)(b) and (4)(b) of the table set forth in paragraph 1 of Schedule 1 to this Agreement available to CNRA on a non-reimbursable basis under a subsidiary agreement to be entered into between the Borrower and CNRA; such agreements to have terms and conditions which shall have been approved by the Association. (d) The Borrower shall exercise its rights under the ANADER Subsidiary Agreement and the CNRA 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 ANADER Subsidiary Agreement and the CNRA Subsidiary Agreement, or any provision thereof. Section 3.02. Without any limitation upon the provisions of paragraph (a) of Section 3.01 of this Agreement, the Borrower shall, for the purposes of making available its counterpart contribution for the financing of the Project: (a) open and thereafter maintain in CFAF in CAA, an account for Part A of the Project (the ANADER Project Account), an account for Part B of the Project (the CNRA Project Account), an account for Part C of the Project (the MINAGRA Project Account) and an account for Part D of the Project (the MINICOM Project Account), all on terms and conditions satisfactory to the Bank, and the following principal terms:Association; (b) deposit an initial contribution of: (i) The principal amount shall be made available in Dollars CFAF one billion five hundred million (determined on CFAF 1,500,000,000) into the date, or respective dates, of withdrawal from the Loan ANADER Project Account) of the value of the currency or currencies so withdrawn. ; (ii) The following shall be recovered over a period of twenty CFAF seven hundred million (20CFAF 700,000,000) years, inclusive of a grace period of five into the CNRA Project Account; (5iii) years: CFAF one hundred forty million (ACFAF 140,000,000) into the principal amount so made availableMINAGRA Project Account; and (Biv) an amount equal CFAF forty million (CFAF 40,000,000) into the MINICOM Project Account; (c) thereafter, deposit into any of said Accounts such amounts as shall be required to replenish each of the Project Accounts in a timely manner back to the fee paid pursuant level of the initial deposits referred to Section 2.04 in paragraph (b) above; and (d) ensure that the amounts deposited into each of this Agreementsaid Accounts shall be used exclusively for payments made or to be made in respect of the reasonable cost of goods and services for the Project not otherwise financed by the Credit. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.03. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 3 to this Agreement and Schedule 1 to the ANADER Project Agreement and the CNRA Project Agreement. Section 3.04. For the purposes of Section 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 said provisions may be further elaborated in agreed for this purpose between the Procurement Plan.Borrower and the Association, a plan for the future operation of the Project; and (b) The afford the Association a reasonable opportunity to exchange views with the Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approvalon said plan. Section 3.033.05. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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 Parts A and B of the Project shall be carried out by Fuzhou ANADER and CNRA pursuant to Section 2.03 of the ANADER Project Agreement and the CNRA 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 ProjectProject 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Sichuan to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Sichuan therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Sichuan 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 available the proceeds of the Loan Credit available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Sichuan on the following principal termsterms and conditions: (i) The the principal amount so made available shall be made available equivalent in Dollars SDRs (determined on the date, or respective dates, dates of withdrawal from the Loan Credit Account, or payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out; (ii) The following Sichuan shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) repay in Dollars the principal amount so made available; and available to it over a period of seventeen (B17) an amount equal to the fee paid pursuant to Section 2.04 years, including five (5) years of this Agreement.grace; (iii) Interest the Borrower shall be charged charge a service charge on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum; and (iv) the Borrower shall charge a commitment charge on the principal amount not withdrawn from time to time at a rate equal to one-half of one percent (1/2 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou Sichuan 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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Guangdong to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Guangdong therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Guangdong 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 available onlend the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Guangdong on the following principal terms: terms and conditions: (i) The principal amount the proceeds of the Subsidiary Loan shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered repaid over a period of twenty (20) years, inclusive including five years of a grace period of five grace; (5ii) years: (A) Guangdong shall pay interest on the principal amount so made available; and (B) an amount equal to of the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount Subsidiary Loan withdrawn and outstanding from time to time at a rate equal equivalent to ninety percent of the rate payable to the rate of interest applicable from time to time to Bank by the Loan Borrower pursuant to the provisions of Section 2.06 2.05 of this Agreement. ; (iviii) A Guangdong shall pay to the Borrower a commitment fee shall be charged charge on such the principal amount of the Subsidiary Loan so made available and not withdrawn from time to time at a the rate equal to three fourths specified in Section 2.04 of one percent this Agreement, and (3/4 of 1%iv) per annumGuangdong shall bear the foreign exchange risk. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Guangdong pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou each Project Province to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of such Project Province therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou each Project Province 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 available the proceeds to each Project Province its Respective Proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and on the following principal terms: (i) The the principal amount so made available shall be made available in Dollars (determined on the date, or respective dates, of withdrawal amount withdrawn from the Loan Account) Account or paid out of the value Respective Special Account, on account of the currency or currencies so withdrawn.cost of goods, works and services required for such Project Province’s Respective Part of the Project and to be financed out of the proceeds of the Loan; (ii) The following each Project Province shall be recovered repay the principal amount so made available to it over a period of twenty (20) years, inclusive of a grace period of five (5) years; and (iii) the Borrower shall charge each Project Province: (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unpaid from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this Agreement. , and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou each Project Province pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, and, to this end, without any limitation or restriction upon any of its other obligations under this the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou TSKB and TKB to perform in accordance with the provisions set forth in of the Project AgreementAgreements all the obligations of TSKB and TKB therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou TSKB and TKB 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 For the purposes of Part A and Part B of the Project, the Borrower shall make available enter into a subsidiary loan agreement with each TSKB (the proceeds of TSKB Subsidiary Loan Agreement) and TKB (the TKB Subsidiary Loan to Fuzhou, through the Fujian Provincial Government, Agreement) under terms and conditions satisfactory to which shall have been approved by the Bank. Except as the Bank shall otherwise agree, such terms and conditions shall include the following principal termsfollowing: (i) The principal the Borrower shall relend to each TSKB and TKB, an amount shall be made available in Dollars (determined on equal to the date, or respective dates, amount of withdrawal from the Loan Accountallocated from time to time to Category (1) (a) in case of TSKB, and to Category (1) (b) in case of TKB, set forth in the value table in paragraph 1 of the currency or currencies so withdrawn.Schedule 1 to this Agreement; (ii) The following the Borrower shall be recovered over a period of twenty (20) yearscharge, inclusive of a grace period of five (5) years: (A) each TSKB and TKB, semi-annually, on the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount thereof withdrawn and outstanding from time to time time, interest at a rate equal to the rate payable under Section 2.06 of interest applicable this Agreement; (iii) the Borrower shall charge, each TSKB and TKB, an additional fee pursuant to Law No. 4749; (iv) the Borrower shall charge, each TSKB and TKB, a commitment charge at a rate equal to the rate payable under Section 2.05 of this Agreement, on the principal amount of the Subsidiary Loans not withdrawn from time to time time; (v) each TSKB and TKB shall pay to the Borrower a front-end fee in an amount equal to one percent (1%) of the amount of its respective Subsidiary Loan; and (vi) each TSKB and TKB shall repay its respective Subsidiary Loan pursuant to in accordance with the provisions of provision set forth in Section 2.06 2.08 of this Agreement. (ivc) A commitment fee The Borrower shall be charged on exercise its rights under the Subsidiary Loan Agreements in such principal amount 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 Subsidiary Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annumAgreements or any provision thereof. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement PlanAgreements. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall cause TSKB and TKB to: (ba) The Borrower shallprepare, through on the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with basis of guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve six (126) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan designed to ensure the continued achievement of the preceding Procurement Plan, for Project’s objectives; and (b) afford the Bank’s approvalBank a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.033.04. 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) shall be carried out by Fuzhou TSKB and TKB, respectively, pursuant to Section 2.03 2.04 of the Project AgreementAgreements.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, Project as set forth in Schedule 2 to this 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 and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Parts of the Project; and (ii) without any limitation or restriction upon any of its other obligations under this Agreement, shallthe Borrower shall cause NBAA, through Fujian Provincial GovernmentIFM and IAA, cause Fuzhou to perform in accordance with the provisions set forth in carry out their respective parts of Part A of the Project Agreement, and shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou NBAA, IAA and IFM 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 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 make available the proceeds carry out Parts A.2, B and C and cause NBAA, IFM and IAA to carry out Parts A.1, A.3 and A.4 of the Loan Project, respectively, in accordance with the Implementation Program set forth in Schedule 4 to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iiic) Interest The Borrower shall be charged on such principal amount withdrawn make the proceeds of the Credit for Parts A.1, A.3 and outstanding from time A.4 of the Project, available to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this AgreementNBAA, IAA and IFM respectively, as grants. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 3 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank and the Borrower hereby agree shall: (a) ensure that the obligations set forth Administrator-General’s Department charges realistic fees for the services rendered by the department; and (b) provide in Sections 9.04its annual budget, 9.05a minimum amount equivalent to $300,000 each year, 9.06adjusted for inflation, 9.07, 9.08 and 9.09 of for the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project AgreementAdministrator General’s Department.

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, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall, through Fujian Provincial GovernmentHubei, cause Fuzhou Wuhan to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Wuhan therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Wuhan 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 available the proceeds of the Loan available to FuzhouWuhan, through the Fujian Provincial GovernmentHubei, under terms and conditions satisfactory to the Bank, and including the following principal terms: (i) The Wuhan shall repay a principal amount shall be made available equal to the amount equivalent in Dollars (determined on the date, or respective dates, dates of withdrawal from the Loan Account, or payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out; (ii) The following Wuhan shall be recovered repay, in Dollars (A) the principal amount referred to in paragraph (b)(i) above and (B) an amount equal to 1% of the Loan, over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.; (iii) Interest Wuhan shall be charged pay interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.06(a) of this Agreement.; (iv) A Wuhan shall pay a commitment fee shall be charged charge on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Wuhan pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, and, and to this end, without any limitation or restriction upon any shall cause DNV (pursuant to the terms of its other obligations under this the Subsidiary Agreement, shall, through Fujian Provincial Government, cause Fuzhou ) to perform in accordance with the provisions set forth in carry out the Project Agreementwith due diligence and efficiency and in conformity with appropriate administrative, financial, technical, engineering, social and environmental practices, shall take or and/or cause to be taken (as the case may be) all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou DNV to perform such obligationscarry out the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performancethe carrying out of the Project. (b) Without limitation to the provisions of paragraph (a) above, the Borrower, through MPFIPS, shall, during Project implementation, make available to DNV promptly as needed, the amount of $108,100,000 (in Pesos equivalent), as counterpart funds for the Project. (c) The Borrower shall make available the proceeds of the Loan (minus the amount under the Loan to Fuzhou, through be paid by the Fujian Provincial Government, under terms and conditions satisfactory Borrower to the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid Bank pursuant to Section 2.04 of this Agreement.) available to DNV under a subsidiary agreement (the Subsidiary Agreement) to be entered into between the Borrower and DNV, under terms and conditions which shall have been approved by the Bank which shall include, inter alia: the obligation of the Borrower to promptly provide the necessary funds to enable DNV to carry out the Project as provided in this Section; and the obligation of DNV: (iiiA) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to carry out the rate of interest applicable from time to time to Project in accordance with the Loan pursuant to the pertinent provisions of Section 2.06 of this Agreement.; (ivB) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance comply with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank and the Borrower hereby agree that the obligations set forth referred to in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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 Project; (C) to take or permit to be taken all action to enable the Borrower to comply with its obligations under Sections 3.08 (b) and 3.10 (a) of this Agreement; (D) to participate in the review referred to in Section 3.10 (c) of this Agreement; and (E) not to assign, amend, terminate, abrogate, repeal, waive or fail to enforce the Subsidiary Agreement or any provision thereof. (i) The Borrower shall exercise its rights and carry out its obligations under the Subsidiary Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan; and (ii) except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, terminate, waive or fail to enforce the Subsidiary Agreement or any provision thereof. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for Parts A.1, A.2, B, C and D 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 Bank, and furnish such update to the Bank not later than 12 months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan for the future operation of the Project; and (b) afford the Bank a reasonable opportunity to exchange views with the Borrower on said plan. (a) Without limitation to the provisions of Section 3.01 (a) of this Agreement, the Borrower shall cause DNV to carry out the Project in accordance with a manual (the Operational Manual), acceptable to the Bank, said manual to include, inter alia: (i) the Project’s chart of accounts and internal controls; (ii) the FMR formats; (iii) the terms of reference for carrying out the Project audits; (iv) the Project monitoring indicators; (v) the Project disbursement procedures; and (vi) the Project procurement procedures, including a price methodology whereby the price of CREMA Contracts under Parts A.1 and A.2 of the Project will be adjusted as provided in Part D of Section I of Schedule 4 to this Agreement. (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) Without limitation to the provisions of Sections 3.01 (a) and 3.04 (a) of this Agreement, the Borrower shall cause DNV: (i) to carry out and/or cause to be carried out by Fuzhou pursuant to Section 2.03 Part A.1 of the Project in accordance with the provisions of the Environmental Evaluation and Management Manual; (ii) to: (A) not later than November 30, 2004 update the Environmental Evaluation and Management Manual (the Updated Environmental Evaluation and Management Manual) in a manner and on terms acceptable to the Bank, which updated version will include, inter alia: (1) the guidelines and procedures to be followed by DNV in the carrying out of environmental screenings and/or environmental assessments (as the case may be) in respect of the works under Parts A.2, A.3, B.1, C.1 (d) and C.2 (a) of the Project; (2) the standard environmental provisions to be included in the bidding documents for the works to be carried out under said Parts of the Project (including provisions to minimize natural habitat conversion or degradation and to permit the maximum growth of natural vegetation (whether it is native grasslands, scrublands, or forests) within the pertinent right of way); (3) the guidelines for the preparation of the appropriate environmental management plan for each of the works to be carried out under said Parts of the Project; and (4) the procedures for the approval of environmental management plans; and (B) thereafter carry out and/or cause to be carried out said Parts of the Project in accordance with said updated version. (b) In case of any conflict amongst the terms of the Operational Manual, the Environmental Evaluation and Management Manual, the Updated Environmental Evaluation and Management Manual and those of this Agreement, the terms of this Agreement shall prevail. (a) The Borrower shall cause DNV to operate and maintain, at all times during Project implementation, the PCU with a structure, functions and responsibilities acceptable to the Bank, including, inter alia, the responsibility of the PCU to assist DNV in the coordination, monitoring and supervision of the carrying out of the Project. (b) The Borrower shall cause DNV to ensure that the PCU is, at all times during Project implementation, headed by a General Coordinator and assisted by other adequate professional staff (with expertise in engineering, administrative, procurement and financial matters) and administrative staff, all with qualifications and experience acceptable to the Bank. (a) The Borrower shall cause DNV to operate and maintain, at all times during Project implementation, the EU with a structure, functions and responsibilities acceptable to the Bank, including, inter alia, the responsibility of the EU to assist DNV in: (i) the environmental screening and/or environmental assessment of each of the works to be carried out under the Project (as mentioned in Section 3.08 of this Agreement); and (ii) taking the appropriate actions to prevent and/or mitigate any potential negative environmental impacts under the Project which are within DNV’s jurisdiction. The Borrower shall cause DNV to ensure that the EU is at all times during Project implementation staffed with adequate professional and administrative personnel, all with qualifications and experience acceptable to the Bank.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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, through Fujian Provincial Government, shall cause Fuzhou Guangxi to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Guangxi therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Guangxi 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 available to Guangxi the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Credit on the following principal terms: (i) The principal amount so made available: (A) shall be the equivalent in terms of Special Drawing Rights (determined on the date or respective dates of withdrawal from the Credit Account) of the value of the currency or currencies so withdrawn; and (B) shall be repaid in a foreign currency selected by the Borrower in amounts equivalent (determined as of the date or respective dates of repayment) to the amount referred to in subparagraph (A) above. (ii) The Borrower shall recover from Guangxi such principal amount over a period of seventeen (17) years, inclusive of a grace period of five (5) years. (iii) The Borrower shall charge a service charge on such principal amount withdrawn and outstanding from time to time at a rate equal to the service charge applicable to the Credit pursuant to the provisions of Section 2.05 of this Agreement. (iv) The Borrower shall charge a commitment fee on such principal amount not withdrawn from time to time at a rate equal to one half of one percent (0.5%) per annum. (c) The Borrower shall make the proceeds of the Loan available to Guangxi on the following principal terms: (i) The principal amount so made available shall be the amount in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following Borrower shall be recovered recover from Guangxi such principal amount over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest The Borrower shall be charged charge interest on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this the Loan Agreement. (iv) A The Borrower shall charge a commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 10.75%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower 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 and Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions referred to in Section 1.01 of the Loan Agreement (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out by Fuzhou Guangxi 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, 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 the Development Credit Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou GUC to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of GUC therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou GUC 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 available relend the proceeds of the Loan Credit to Fuzhou, through GUC under a subsidiary loan agreement to be entered into between the Fujian Provincial GovernmentBorrower and GUC, under terms and conditions satisfactory to which shall have been approved by the Bank, Association which shall include repayment of principal in 20 years (including five years of grace for both principal and the following principal terms: (iinterest) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn interest at eight and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one one-half percent (3/4 of 18.5%) per annum. (ac) The Borrower shall exercise its rights under the Subsidiary Loan 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 Agreement or any provision thereof. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of the Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 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) shall be carried out by Fuzhou GUC 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, 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 the Development Credit Agreement, shall: (i) carry out Parts X, through Fujian Provincial GovernmentX, X, X, X, X, X and J of the Project with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental, social and engineering practices and in accordance with such technical norms as shall be acceptable to the Association; (ii) cause Fuzhou TRANSRAIL to (A) carry out Part E of the Project with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental, social and engineering practices and in accordance with such technical norms as shall be acceptable to the Association; and (B) perform in accordance with the provisions of the TRANSRAIL Subsidiary Loan Agreement all the obligations of TRANSRAIL therein 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 Fuzhou to perform such obligationsforth, and shall not take or permit to be taken any action which would prevent or interfere with such performance; and (iii) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources required for the Project. (b) The Borrower shall make available to TRANSRAIL part of the proceeds of the Loan Credit for Part E of the Project, under a subsidiary loan agreement to Fuzhou, through be entered into between the Fujian Provincial GovernmentBorrower and TRANSRAIL, under terms and conditions satisfactory to which shall have been approved by the Bank, Association and the following principal terms: which shall include that: (i) The principal amount shall be made available in Dollars the proceeds of the Credit withdrawn from Categories 1 (determined on the dateb), or respective dates, of withdrawal from the Loan Account2 (a) and 3 (b) of the value table in paragraph 1 of the currency or currencies so withdrawn. (ii) The following shall Schedule 1 be recovered over onlent with a repayment period of twenty (20) years, inclusive of 20 years including a grace period of five 4 years and an interest rate of 7.25% per annum; (5) years: (Aii) the principal amount so proceeds withdrawn from Category 4 (a) be made availableavailable as a grant; (iii) the costs of fluctuations in the currencies on-lent to be borne equally by the Borrower and TRANSRAIL; (Biv) an amount equal TRANSRAIL shall at all times maintain a financial management system satisfactory to the fee paid pursuant Association; (v) except as the Association shall otherwise agree, procurement of goods, works and consultants services for Part E of the Project shall be governed by the provisions of Schedule 3 to Section 2.04 of this Agreement. (iiic) Interest The Borrower shall be charged on exercise its rights under the TRANSRAIL Subsidiary Loan Agreement in such principal amount withdrawn manner as to protect the interests of the Borrower and outstanding from time the Association and to time at a rate equal to accomplish the rate purposes of interest applicable from time to time to the Credit, and except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the TRANSRAIL Subsidiary Loan pursuant to Agreement, or any provision thereof. (d) Without limitation upon the provisions of paragraph (a) of this Section 2.06 and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts X, X, X, X, X, X, X and J of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works works, and consultants' services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 3 to the Project this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Bank For the purposes of Section 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 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, 9.07 and 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 Part E of the Project shall be carried out by Fuzhou pursuant TRANSRAIL . Section 3.05. Without limitation on the provisions of Section 3.01, the Borrower shall for the purpose of Part D of the Project: (i) open and maintain until the completion of the Project, an account (the Project Account) in a commercial bank acceptable to Section 2.03 the Association and on terms and conditions acceptable to the Association; (ii) deposit into the Project Account an initial amount equivalent to FCFA 3 billion (the Initial Deposit); (iii) thereafter annually deposit into the Project Account an amount equivalent to the Initial Deposit or any other amount required for further implementation of Part D of the Project Agreementas agreed between the Borrower and the Association; and (iv) ensure that the amounts deposited into the Project Account shall be used exclusively for the purposes of defraying the cost of expenditures incurred for the execution of Part D of the Project, and not otherwise financed out of the proceeds of the Credit.

Appears in 1 contract

Samples: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Anhui to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Anhui therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Anhui 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 available to Anhui the proceeds of the Loan to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and on the following principal terms: (i) The the principal amount so made available shall be made available in Dollars (determined on the date, or respective dates, of withdrawal amount withdrawn from the Loan Account or paid out from the Special Account) , on account of the value cost of goods, works and services required for the Project and of the currency or currencies so withdrawn.fee referred to in Section 2.04 of this Agreement and to be financed out of the proceeds of the Loan; (ii) The following Anhui shall be recovered repay the principal amount so made available to it over a period of twenty (20) years, inclusive of a grace period of five (5) years; and (iii) the Borrower shall charge: (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unrecovered from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. ; and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Anhui pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou HEPC to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of HEPC therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou HEPC 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 available relend the proceeds of the Loan to Fuzhou, through HEPC under a subsidiary loan agreement to be entered into between the Fujian Provincial Government, Borrower and HEPC (the Subsidiary Loan Agreement) under terms and conditions satisfactory to which shall have been approved by the Bank, . Such terms and conditions shall include the following principal termsfollowing: (i) The the principal amount of the subsidiary loan shall be made available repaid by HEPC in Dollars to the Borrower over a period not exceeding twenty years, including a grace period not exceeding five years; (ii) the principal amount of the subsidiary loan repayable by HEPC shall be the equivalent in Dollars (determined on as of the date, or respective dates, of withdrawal from the Loan Accountrepayment) of the value of the currency or currencies so withdrawn. (ii) The following shall be recovered over a period of twenty (20) years, inclusive of a grace period of five (5) years: (A) withdrawn from the principal amount so made availableLoan Account; and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement.and (iii) Interest the subsidiary loan shall be charged charged: (a) interest on such principal amount withdrawn and the outstanding from time to time balance thereof at a rate equal to the rate of interest applicable payable by the Borrower from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou pursuant to Section 2.03 of the Project Agreement.Section

Appears in 1 contract

Samples: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, 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, through Fujian Provincial Government, shall cause Fuzhou KWS to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of KWS therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou KWS 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 available pass on the proceeds of the Loan Credit to Fuzhou, through the Fujian Provincial Government, KWS as equity under terms and conditions satisfactory to which shall have been approved by the Bank, and the following principal terms: (i) The principal amount shall be made available in Dollars (determined on the date, or respective dates, of withdrawal from the Loan Account) of the value of the currency or currencies so withdrawnAssociation. (ii) The following shall be recovered over a period Section 3.02. Without limitation upon any of twenty (20) years, inclusive of a grace period of five (5) years: (A) the principal amount so made available; and (B) an amount equal to the fee paid pursuant to its obligations under Section 2.04 3.01 of this Agreement, the Borrower shall ensure that sufficient annual budgetary allocations for KSW will be made in each of its recurrent budget, namely not less than the equivalent of $3,500,000 in Fiscal Year 1992/93, not less than the equivalent of $1,700,000 in Fiscal Year 1993/94, and not less than the equivalent of $500,000 in Fiscal Year 1994/95. (iii) Interest shall be charged on such principal amount withdrawn and outstanding from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 of this Agreement. (iv) A commitment fee shall be charged on such principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three fourths of one percent (3/4 of 1%) per annum. (a) 3.03. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan Credit shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.033.04. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.03 through 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) shall be carried out by Fuzhou KWS pursuant to Section 2.03 of the Project Agreement. Section 3.05. The Borrower shall take all necessary measures to ensure that the costs for improving tourist access roads leading to Amboseli National Park, Meru National Park and Aberdare National Park are included in the Ministry of Public Works Printed Estimates for financial year 1992/93 and its Forward Budget Estimates for 1993/94. Section 3.06. The Borrower shall implement or shall cause to be implemented action plans, satisfactory to the Association, developed pursuant to reviews carried out by KWS under Section 3.04 (vi) 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 ProjectProject 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 the Loan Agreement, shall, through Fujian Provincial Government, shall cause Fuzhou Shaanxi to perform in accordance with the provisions set forth in of the Project AgreementAgreement all the obligations of Shaanxi therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services, services and other resources, necessary or appropriate to enable Fuzhou Shaanxi 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 available the proceeds of the Loan available to Fuzhou, through the Fujian Provincial Government, under terms and conditions satisfactory to the Bank, and Shaanxi on the following principal terms: (i) The the principal amount so made available to Shaanxi shall be made available the equivalent in Dollars dollars (determined on the date, date or respective dates, dates of withdrawal from the Loan Account or payment out of the Special Account) of the value of the currency or currencies so withdrawn.withdrawn or paid out, on account of the cost of goods, works and services required for the Project and to be financed out of the proceeds of the Loan; (ii) The following Shaanxi shall be recovered repay the principal amount so made available to it over a period of twenty (20) years, inclusive of a grace period of five (5) years; and (iii) the Borrower shall charge: (A) interest on the principal amount so made available; available and (B) an amount equal to the fee paid pursuant to Section 2.04 of this Agreement. (iii) Interest shall be charged on such principal amount withdrawn and outstanding remaining unpaid from time to time at a rate equal to the rate of interest applicable from time to time to the Loan pursuant to the provisions of Section 2.06 2.05 of this Agreement. ; and (ivB) A a commitment fee shall be charged charge on such the principal amount of the Loan so made available and not withdrawn from time to time at a rate equal to three three-fourths of one percent (3/4 of 1%) per annum. (a) Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to the Project Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, through the Fujian Provincial Government, cause Fuzhou to update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. 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) shall be carried out by Fuzhou Shaanxi pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Samples: Loan Agreement

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