Implementation Agreements. 9.1. If the Grantee(s) have to conclude implementation Agreements with contractors in order to carry out the Project, these may only cover a limited portion of the Project and shall respect BIOPAMA Procurement Policies and Procedures set out in Attachment 3 of this Agreement.
9.2. To the extent relevant, the Grantee(s) shall ensure that the conditions applicable to them under Articles 3, 4, 5, 6, 7 and 15 of these General Conditions are also applicable to contractors awarded an implementation Agreement.
Implementation Agreements. The Parties to this Participation Agreement acknowledge that all Implementation Elements contained in the Wake Transit Work Plan, whether partially or fully funded with Wake County Transit Tax Revenues, will not move forward until Implementation Agreements, which shall include a Capital Funding Agreement and an Operating Agreement, are executed by and between the Party or Parties and GoTriangle, as administrator of the Special District. Each Capital Funding Agreement and Operating Agreement shall contain all elements in the definitions of such agreements as set forth in this Participation Agreement. If any Implementation Agreement involves federal or state funding that is otherwise under the distribution and program management responsibility of CAMPO or, regardless of funding source, constitutes a regionally significant project as defined in 23 CFR § 450.104, CAMPO shall also be a party to the agreement. The purpose of this Section is to acknowledge, as defined, the minimum requirements of Implementation Agreements. Nothing herein shall be construed to bind a future governing board of a Party or otherwise alter its ability to negotiate or approve the contents of an Implementation Agreement.
Implementation Agreements. When authorized by the Board, affected Members may execute special/supplemental Implementation Agreements (or Joint Powers Agreements pursuant to Government Code section 6500 et seq.) for the purpose of authorizing the SFVCOG to implement, manage and administer specific area-wide and regional programs in the interest of the local public welfare. The costs and liabilities incurred by the SFVCOG in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that Implementation Agreement. Nothing in this Agreement shall be construed so as to prevent any of the Members from entering into memoranda of understanding or joint powers agreements with each other or with third parties, outside of the SFVCOG.
Implementation Agreements. Provider will provide Services to Recipient Parties pursuant to separate implementation agreements to be entered into between Provider and such Recipient Parties consistent with the term and conditions of this Agreement, to the extent that such implementation agreements are actually entered into by Provider and each Recipient Party. If Provider fails to enter into an implementing agreement with any Recipient Party, Provider shall provide to such Recipient Party the Services hereunder pursuant to the terms and conditions of this Agreement. In the event of any conflict between any implementation agreement and any term or condition of this Agreement, this Agreement will control. Such agreements shall be in the form mutually agreed to by the Parties.
Implementation Agreements. 6. For the purposes of oversight, coordination and facilitation of the Project at the provincial and local level, the Recipient shall enter into an agreement with each of the Northern PC and the Eastern PC, acceptable to the Association, such agreement to provide, among other things:
(a) That each PC, through the Commissioner of Local Government, shall be responsible for management and coordination of Project activities at the provincial level and shall maintain staff with skills, qualifications and experience, and in sufficient numbers, as set out in the PIP and agreed with the Association;
(b) That each PC, through the Provincial Planning Committee, shall review overall progress of the Project activities at the provincial and local level.
(c) That each PC, through the Assistant Commissioners of Local Government, shall facilitate the preparation of LA Development Plans and the identification, preparation and execution of Subprojects, and shall provide such other assistance as needed to the LAs.
(d) That each PC shall: (i) ensure that LA Development Plans and Subprojects are prepared and appraised in accordance with the criteria and procedures specified in the LAPIM; and (ii) facilitate the receipt of the proceeds of the Financing by each of the Participating LAs from the PCU in a timely manner in accordance with the relevant Grant Agreement.
(e) That the PCs shall take all necessary measures to ensure that the LAs carry out Subprojects in accordance with the Grant Agreements, the PIP, the LAPIM, the GAAP; and the ESMF, provided that in the event of any discrepancy between the PIP or the LAPIM and this Agreement, the provisions of this Agreement shall apply.
(f) That the PCs shall not, and shall ensure that the LAs do not, amend or waive any provision of the PIP, the LAPIM, the GAAP or the ESMF without the prior written consent of the Association.
7. The Recipient shall exercise its rights under each Implementation Agreement in such a manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Financing. Except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate or waive the Implementation Agreement or any of its provisions.
Implementation Agreements. The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this Agreement. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this Agreement. If and when, from time to time, the Parties find that mutually acceptable refinements or adjustments are desirable, such refinements or adjustments shall be accomplished through operating memoranda or implementation agreements approved by the Parties which, after execution shall be attached to this Agreement as addenda and become a part hereof. Operating memoranda or implementation agreements may be executed on the City's behalf by the City Manager, or the City Manager's designee. In the event a particular subject requires notice or hearing, such notice or hearing shall be appropriately given. Notwithstanding the foregoing, nothing in this Section shall be deemed to require the City to consider any request by Developer for a waiver of any particular obligation as set forth herein.
Implementation Agreements. (a) For purposes of carrying out Parts A.2 and B of the Project, the Recipient shall enter into an agreement (the Subsidiary Agreement) with PRAF under terms and conditions which shall have been approved by the Association which shall include, inter alia, those set forth in Schedule 4 to this Agreement.
(b) The Recipient shall exercise its rights and carry out its obligations under the Subsidiary Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Financing. Except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate, terminate, waive, or fail to enforce the Subsidiary Agreement or any of its provisions.
2. Without limitation to the provisions of Section 4.10 of the General Conditions, and in case PRAF has decided (in consultation with the Association) to replace the existing Financial Institution (in accordance with the terms of the pertinent Financial Institution Agreement) with one or more new Financial Institutions, or to select and contract one or more additional Financial Institutions for purposes of assisting PRAF to carry out Part B of the Project, the Recipient shall cause PRAF to:
(a) not later than one hundred and twenty days: (i) prior to the replacement of the existing Financial Institution; or (ii) after the decision to select and contract one or more additional Financial Institutions has been made, select one or more new or additional Financial Institutions (each of which with qualifications and experience acceptable to the Association), as the case may be; and
(b) (i) in case PRAF has decided to replace the existing Financial Institution with one or more new Financial Institutions and immediately after the termination of the existing Financial Institution Agreement, enter into a separate new Financial Institution Agreement with each of the selected Financial Institutions, as applicable, all under terms and conditions acceptable to the Association, which terms and conditions shall be identical to those set forth in paragraph C (e) of Schedule 4 to this Agreement; and
Implementation Agreements. (a) The MIDP will address the principal commercial terms for the potential implementation of the MIDP. The main agreements between the Parties to implement the MIDP are referred to herein as the “Principal Implementation Agreements.” Waterfront Toronto and Sidewalk Labs will seek to finalize the Principal Implementation Agreements in connection with, and subject to, the receipt of approvals necessary to proceed.
(b) The Parties acknowledge that other agreements may be required in connection with the Project from time to time (the “Future Implementation Agreements”). The Principal Implementation Agreements and Future Implementation Agreements shall be referred to together as the “Implementation Agreements.”
(c) The Implementation Agreements will include, among other things, customary commercial terms that are mutually acceptable to the Parties and provide appropriate and reasonable comfort regarding the satisfaction of each Party’s obligations.
Implementation Agreements. 1. For purposes of carrying out any given Subproject, and prior to the carrying out of any of the works or Project activities under the pertinent Subproject, the Borrower, through MPF (through UCPyPFE), shall enter into an agreement (the Participation, Transfer and Maintenance Agreement) with the corresponding Participating Province, under terms and conditions acceptable to the Bank, which shall include, inter alia, those set forth in Schedule 4 to this Agreement.
2. The Borrower, through MPF (through UCPyPFE), shall exercise its rights and carry out its obligations under each Participation, Transfer and Maintenance Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, terminate, waive or fail to enforce any Participation, Transfer and Maintenance Agreement or any of its provisions.
Implementation Agreements. 1. For purposes of carrying out any given Subproject, and prior to the carrying out of any of the works or Project activities under the pertinent Subproject, the Borrower, through MPF (through UCPyPFE), shall enter into an agreement (the Participation, Transfer and Maintenance Agreement) with the corresponding Participating Province, under terms and conditions acceptable to the Bank, which shall include, inter alia, those set forth in Schedule 4 to this Agreement.
2. The Borrower, through MPF (through UCPyPFE), shall exercise its rights and carry out its obligations under each Participation, Transfer and Maintenance Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, terminate, waive or fail to enforce any Participation, Transfer and Maintenance Agreement or any of its provisions.
3. Without limitation to the provisions of the General Conditions, the Bank, the Borrower and/or the relevant Participating Province shall, from time to time, at the request of any of them, exchange views so as to enable the Bank to determine continued compliance by the relevant WSS Service Provider in meeting the corresponding eligibility criteria to participate in the Project, as this criteria is further detailed in the Operational Manual. Said criteria shall include, in respect of WSS Service Providers which participate or benefit from the Project, the presentation to the Bank of acceptable evidence that ensure the provision of water and sanitation services by the relevant WSS Service Provider in a context of: (a) a legal framework which will enable said WSS Service Provider to provide said services in case the Subproject is carried out by the Borrower or a Participating Province; and (b) an economic/financial sustainability of said Subproject.
