Common use of Implementation, Institutional and Other Arrangements Clause in Contracts

Implementation, Institutional and Other Arrangements. 1. The Borrower shall carry out the relevant activities under the Project through the MOR, and shall ensure the relevant activities under the Project are carried out by Maharashtra, the MRVC. 2. The Borrower shall ensure that the Project is carried out in accordance with the provisions of the Implementation Manual, SMF, and EMPs, and in accordance with the provisions of the Anti-Corruption Guidelines, and shall ensure that the Implementation Manual, SMF, and EMPs are not materially revised, amended, waived, or abrogated without the prior consent of the Bank. If any provision of this Agreement is inconsistent with a provision of the Implementation Manual, SMF, or EMPs, the provision of this Agreement shall prevail. 3. To facilitate the carrying out of the Project, the Borrower shall: (a) make fifty percent (50%) of the proceeds of the Loan available to Maharashtra in accordance with Borrower’s standard arrangements for developmental assistance to the States of India, for the purpose of Maharashtra making such funds available to MRVC, under the terms and conditions set out in the Maharashtra- MRVC SFA; and (b) acting through the MOR, make fifty percent (50%) of the proceeds of the Loan available to the MRVC, in accordance with the terms and conditions set out in the MOR-MRVC MOU. The Borrower shall, acting through the MOR, exercise its rights under the MOR-MRVC MOU in such manner as to protect the interests of the Borrower and the Bank, and to accomplish the purposes of the Project, and except as the Bank may otherwise agree, shall not assign, abrogate, or waive any of the terms or provisions of the MOR-MRVC MOU. 4. The Borrower shall ensure that the Project Implementing Entities implement the Project in accordance with the terms and conditions set out in the respective Project Agreements. 5. The Borrower shall protect the interests of the Borrower and the Bank to accomplish the purposes of the Loan.

Implementation, Institutional and Other Arrangements. 1A. To facilitate the carrying out of the Project by DFCCIL, the Borrower shall make the proceeds of the Loan available to DFCCIL under a subsidiary agreement between the Borrower, through MOR, and DFCCIL, satisfactory to the Bank (the “Subsidiary Loan Agreement”). The Borrower shall, through MOR, provide its counterpart contribution as required by the Project to DFCCIL in a timely and adequate manner. The Borrower shall carry out protect the relevant activities under interests of the Project through Borrower and the Bank to accomplish the purposes of the Loan. B. The Borrower shall ensure that not later than September 30, 2011, MOR and DFCCIL enter into a concession agreement (the “Concession Agreement”) and that DFCCIL and MOR, prior to the commissioning of the facilities financed by the Loan, update the Concession Agreement to incorporate relevant schedules into the Track Access Agreement (as a part of the Concession Agreement), both under terms and shall ensure conditions satisfactory to the relevant activities under the Project are carried out by Maharashtra, the MRVCBank. 2. C. The Borrower Borrower, through MOR, shall ensure that the Project is carried out in accordance with the provisions of the Project Implementation Manual, SMFthe Subsidiary Loan Agreement, and EMPsthe Concession Agreement, and in accordance with the provisions of Track Access Agreement, the Anti-Corruption Guidelines, and the GAAP, and shall ensure that the Implementation Manual, SMFthe Subsidiary Loan Agreement, the Concession Agreement, the Track Access Agreement (as a part of the Concession Agreement), and EMPs the GAAP are not materially revised, amended, waived, assigned or abrogated without the prior consent of the Bank. If any provision of this Agreement is inconsistent with a provision of the Project Implementation Manual, SMFthe Subsidiary Loan Agreement, the Concession Agreement, the Track Access Agreement (as a part of the Concession Agreement), or EMPsthe GAAP, the provision of this Agreement shall prevail. 3. To facilitate the carrying out of the Project, the Borrower shall: (a) make fifty percent (50%) of the proceeds of the Loan available to Maharashtra in accordance with Borrower’s standard arrangements for developmental assistance to the States of India, for the purpose of Maharashtra making such funds available to MRVC, under the terms and conditions set out in the Maharashtra- MRVC SFA; and (b) acting through the MOR, make fifty percent (50%) of the proceeds of the Loan available to the MRVC, in accordance with the terms and conditions set out in the MOR-MRVC MOU. The Borrower shall, acting through the MOR, exercise its rights under the MOR-MRVC MOU in such manner as to protect the interests of the Borrower and the Bank, and to accomplish the purposes of the Project, and except as the Bank may otherwise agree, shall not assign, abrogate, or waive any of the terms or provisions of the MOR-MRVC MOU. 4. D. The Borrower shall ensure that the Project Implementing Entities implement DFCCIL implements the Project in accordance with the terms and conditions set out in the respective Project AgreementsAgreement. 5. E. The Borrower shall protect ensure that an Empowered Committee (EC) is established and maintained throughout the interests period of Project implementation, to address inter- ministerial and state-level issues related to the Project. F. With respect to the road over bridges to be built in the State of Uttar Pradesh linked to the Project as detailed in the Project Implementation Manual (the “Linked Activities”), which may be updated from time to time, the Borrower, through MOR, shall take all necessary measures to ensure that: (a) prior to the commencement of any civil works under the Linked Activities, that: (i) a resettlement action plan, acceptable to the Bank, is prepared in accordance with the guidelines and procedures set forth in the RPF, and thereafter said resettlement action plan is implemented, in a form and substance satisfactory to the Bank; (ii) an environmental management plan, acceptable to the Bank, is prepared in accordance with the guidelines and procedures set forth in the EMF, and thereafter said environmental management plan is implemented in a form and substance satisfactory to the Bank; (b) the provisions of the Borrower resettlement action plan and the Bank environmental management plan referred to accomplish in sub-paragraph (a) above are not amended, revised, or waived without the purposes prior agreement of the LoanBank; and (c) not later than December 31 of each year, starting December 31, 2011, an annual work program of the Linked Activities is submitted to the Bank for its review and comments and that said annual work program is implemented taking into account the Bank’s comments thereon, if any.

Implementation, Institutional and Other Arrangements. 1. The Borrower shall carry out the relevant activities under the Project through the MOR, and shall ensure the relevant activities under the Project are carried out by Maharashtra, the MRVC. 2. The Borrower shall ensure that the Project is carried out in accordance with the provisions of the Implementation Manual, SMF, and EMPs, and in accordance with the provisions of the Anti-Corruption Guidelines, and shall ensure that the Implementation Manual, SMF, and EMPs are not materially revised, amended, waived, or abrogated without the prior consent of the Bank. If any provision of this Agreement is inconsistent with a provision of the Implementation Manual, SMF, or EMPs, the provision of this Agreement shall prevail. 3. To facilitate the carrying out of the Project, the Borrower shall: (a) make fifty percent (50%) of the proceeds of the Loan available to Maharashtra in accordance with Borrower’s standard arrangements for developmental assistance to the States of India, for the purpose of Maharashtra making such funds available to MRVC, under the terms and conditions set out in the Maharashtra- Maharashtra-MRVC SFA; and (b) acting through the MOR, make fifty percent (50%) of the proceeds of the Loan available to the MRVC, in accordance with the terms and conditions set out in the MOR-MRVC MOU. The Borrower shall, acting through the MOR, exercise its rights under the MOR-MRVC MOU in such manner as to protect the interests of the Borrower and the Bank, and to accomplish the purposes of the Project, and except as the Bank may otherwise agree, shall not assign, abrogate, or waive any of the terms or provisions of the MOR-MRVC MOU. 4. The Borrower shall ensure that the Project Implementing Entities implement the Project in accordance with the terms and conditions set out in the respective Project Agreements. 5. The Borrower shall protect the interests of the Borrower and the Bank to accomplish the purposes of the Loan.

Implementation, Institutional and Other Arrangements. 1. To facilitate the carrying out of the Project, the Borrower shall make a part of the proceeds of the Grant available to the CEA, and shall make a part of the proceeds of the Loan available to Project States, all on the same financial terms and conditions as apply to the Borrower under this Agreement, and shall ensure that the Project States make such funds available to the Participating Utilities on the same terms and conditions. 2. The Borrower shall carry out cause each Project Implementing Entity to take all necessary steps to ensure that all Project activities for which it is responsible pursuant to the relevant activities under terms of its respective Project Agreement are implemented in accordance with the Schedule to such Project Agreement. 3. The Borrower shall ensure that the CEA shall implement the Respective Parts of Component 2 of the Project through in accordance with the MORCEA Operational Manual and the CEA Procurement Plan, and shall ensure not revise, amend, waive or abrogate the relevant activities CEA Operational Manual or the CEA Procurement Plan without the prior consent of the Bank. 4. Within thirty (30) days of Loan Agreement effectiveness, the Ministry of Power of the Borrower and the CEA shall enter into the Grant Implementation Agreement-CEA, which shall be consistent with and reflect the terms and conditions of the Loan Agreement and GEF Grant Agreement, and shall provide, inter alia, that the proceeds of the Grant received shall be made available to the CEA on the same financial terms and conditions as apply to the Borrower. The Borrower shall exercise its rights under the Project are carried out by MaharashtraGrant Implementation Agreement- CEA in such manner as to protect its interests and interests of the Bank, and to accomplish the purposes of the Loan. Except as the Bank shall otherwise agree, the MRVCBorrower shall not assign, amend, abrogate or waive the Grant Implementation Agreement-CEA or any of its provisions. 25. The Borrower shall ensure that the Project is carried out in accordance with the provisions of the Implementation Manual, SMF, and EMPs, and in accordance with the provisions of the Anti-Corruption Guidelines, and shall ensure that the Implementation Manual, SMF, and EMPs are not materially revised, amended, waived, or abrogated without the prior consent of the Bank. If any provision of this Agreement is inconsistent with a provision of the Implementation Manual, SMF, or EMPs, the provision of this Agreement shall prevail. 3. To facilitate the carrying out of the Project, the Borrower shall: (a) make fifty percent (50%) of the proceeds of the Loan available to Maharashtra in accordance with Borrower’s standard arrangements for developmental assistance to the States of India, for the purpose of Maharashtra making such funds available to MRVC, under the terms and conditions set out in the Maharashtra- MRVC SFA; and (b) acting through the MOR, make fifty percent (50%) of the proceeds of the Loan available to the MRVC, in accordance with the terms and conditions set out in the MOR-MRVC MOU. The Borrower shall, acting through the MOR, exercise its rights under the MOR-MRVC MOU in such manner as to protect the interests of the Borrower and the Bank, and to accomplish the purposes of the Project, and except as the Bank may otherwise agree, shall not assign, abrogate, or waive any of the terms or provisions of the MOR-MRVC MOU. 4. The Borrower shall ensure that the Project Implementing Entities implement the Project in accordance with the terms and conditions set out in the respective Project Agreements. 56. The Borrower shall protect the interests of the Borrower and the Bank to accomplish the purposes of the Loan.