Common use of Implementation Obligations Clause in Contracts

Implementation Obligations. The Borrower shall: (a) implement the Project in accordance with the Project Management Manual, agreed between the Borrower and the Bank, giving details of guidelines and procedures for the implementation, supervision, and monitoring and evaluation of the Project, including: (i) institutional arrangements; (ii) fiduciary requirements for FAPs; (iii) criteria and time schedules for development of work plans for Parts 1 and 2 of the Project; (iv) process budget documents (DIPA); (v) reporting, and monitoring and evaluation, requirements, and financial management and audit procedures as set forth in Section II of Schedule 2 to this Agreement; (vi) procurement procedures as set forth in Section III of Schedule 2 to this Agreement as well as standard procurement documentation; (vii) the Better Governance Action Plan; and (viii) eligibility and selection criteria, implementation arrangements and terms and conditions for agreements for Research Programs under Part 1.2(b)(ii) and Part 2.1(b) of the Program; (b) implement Part 3 of the Project in accordance with the FAP Manual, agreed between the Borrower and the Bank, giving details of guidelines and procedures for the eligibility and selection criteria, implementation arrangements, supervision, and monitoring and evaluation, of the FAPs, in accordance with Attachment 2 to this Schedule 2, and where FAPs will support Research Programs, the eligibility and selection criteria, implementation arrangement and terms and conditions for agreements for such Research Programs; and (c) except as the Borrower and the Bank shall otherwise agree, shall not amend or waive any provision of either of the Project Management Manual or the FAP Manual. For the purposes of establishing and providing support to NAA under Part 1.1 of the Project, the Borrower shall ensure that: NAA is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; and the Borrower shall: (i) enter into the NAA Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with NAA setting out the activities that NAA will undertake under the Project and the requirement for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to NAA and shall not permit NAA to commence activities under Part 1.1 of the Project until the Borrower and NAA have entered into such memorandum of agreement. For the purposes of supporting Associations of Health Higher Education Institutions under Part 1.2(b) of the Project, the Borrower shall enter into an Association Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with each Association of Health Higher Education Institutions setting out the activities that such institutions will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to any Association of Health Higher Education Institutions and shall not permit any such association to commence activities under Part 1.2(b) of the Project until the Borrower and such association have entered into such memorandum of agreement. For the purposes of supporting AIPKI, one of the Associations of Education Institutions, to conduct Research Programs under Part 1.2(b)(ii) of the Project, and provided that AIPKI has entered into an Association Memorandum of Agreement, (i) AIPKI shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to AIPKI for the purpose of a Research Program until AIPKI shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For the purposes of establishing and providing support to XXXX HealthPro under Part 2 of the Project, the Borrower shall ensure that: XXXX HealthPro is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; the Borrower shall: (i) enter into the XXXX HealthPro Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with XXXX HealthPro setting out the activities that XXXX HealthPro will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro and shall not permit XXXX HealthPro to commence activities under Part 2 of the Project until the Borrower and XXXX HealthPro have entered into such memorandum of agreement; and for the purposes of supporting XXXX HealthPro to undertake Research Programs under Part 2.1(b) of the Project, and provided that XXXX HealthPro has entered into the XXXX HealthPro Memorandum of Agreement, XXXX HealthPro shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro for the purpose of a Research Program until XXXX HealthPro shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For purposes of providing FAPs to Participating Medical Schools under Part 3 of the Project, the Borrower shall implement the Project in accordance with the FAP Manual and the terms and conditions for FAPs set out in Attachment 2 to this Schedule 2.

Appears in 1 contract

Samples: Loan Agreement

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Implementation Obligations. The Borrower Recipient shall: (a) implement adopt, maintain and apply in the Project in accordance with the Project Management Manual, agreed between the Borrower and the Bank, giving details of guidelines and procedures for the implementation, supervision, and monitoring and evaluation implementation of the Project, includingthe Project Operations Manual, in form and substance agreed between the Recipient and the World Bank, that sets forth in respect of the Project: (i) institutional arrangementsarrangements including list of selected Kecamatan; (ii) fiduciary requirements for FAPsfunds flow mechanism; (iii) criteria and time schedules for development of work plans for Parts 1 and 2 of the Projectinformation disclosure requirements; (iv) process budget documents (DIPA); (v) reporting, and monitoring and evaluation, requirements, and financial management and audit procedures as set forth in Section II of Schedule 2 to this Agreement; (vi) procurement procedures as set forth in Section III of Schedule 2 to this Agreement as well as Schedule, sample procurement plan, standard procurement documentationbidding documents, requests for proposals and terms of reference, reporting and record-keeping requirements; (v) payment verification procedures for Sub-projects; (vi) reporting requirements, record keeping requirements financial management procedures and audit procedures meeting the requirements forth in Section II.B of this Schedule; (vii) project performance indicators; (viii) the Better Governance Action PlanEnvironmental and Social Safeguards Framework; (ix) the Indigenous People or Isolated and Vulnerable Peoples’ Planning Framework; (x) the Land Acquisition and Resettlement Policy Framework; (xi) information to be made available to communities about the Eligibility and Selection Criteria for Community Support Grants; and (viiixii) eligibility the Nias-LEDP Governance and selection criteria, implementation arrangements and terms and conditions for agreements for Research Programs under Part 1.2(b)(ii) and Part 2.1(b) of the ProgramAccountability Framework; (b) implement Part 3 not amend, suspend, abrogate, repeal or waive any provisions of the Project in accordance Operations Manual, without the prior agreement between the Recipient and the World Bank; and with the FAP prior written agreement between the Recipient and the World Bank, update the Project Operations Manual, agreed as necessary. In the event of any inconsistency or conflict between the Borrower any provisions of this Agreement and the Bank, giving details of guidelines and procedures for the eligibility and selection criteria, implementation arrangements, supervision, and monitoring and evaluation, of the FAPs, in accordance with Attachment 2 to this Schedule 2, and where FAPs will support Research Programs, the eligibility and selection criteria, implementation arrangement and terms and conditions for agreements for such Research Programs; and (c) except as the Borrower and the Bank shall otherwise agree, shall not amend or waive any provision of either provisions of the Project Management Manual or the FAP Operations Manual. For the purposes of establishing and providing support to NAA under Part 1.1 of the Project, the Borrower shall ensure that: NAA is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; and the Borrower shall: (i) enter into the NAA Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with NAA setting out the activities that NAA will undertake under the Project and the requirement for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; Agreement shall prevail. The Recipient shall maintain and (ii) apply in the Borrower shall not make any proceeds implementation of the Loan available to NAA and shall not permit NAA to commence activities under Part 1.1 of the Project until the Borrower and NAA have entered into such memorandum of agreement. For the purposes of supporting Associations of Health Higher Education Institutions under Part 1.2(b) of the Project, the Borrower shall enter into an Association Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with each Association of Health Higher Education Institutions setting out the activities that such institutions will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to any Association of Health Higher Education Institutions and shall not permit any such association to commence activities under Part 1.2(b) of the Project until the Borrower and such association have entered into such memorandum of agreement. For the purposes of supporting AIPKI, one of the Associations of Education Institutions, to conduct Research Programs under Part 1.2(b)(ii) of the Project, and provided that AIPKI has entered into an Association Memorandum of Agreement, (i) AIPKI shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to AIPKI for the purpose of a Research Program until AIPKI shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For the purposes of establishing and providing support to XXXX HealthPro under Part 2 of the Project, the Borrower shall ensure that: XXXX HealthPro is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; the Borrower shall: (i) enter into the XXXX HealthPro Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with XXXX HealthPro setting out the activities that XXXX HealthPro will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro and shall not permit XXXX HealthPro to commence activities under Part 2 of the Project until the Borrower Sub-project Operations Manual, in form and XXXX HealthPro have entered into such memorandum substance acceptable to the Recipient and the World Bank, which shall set forth: (i) Eligibility and Selection Criteria for Community Support Grants including those set forth in paragraphs 1 and 2 of agreementAnnex 1 to this Schedule; (ii) terms and conditions of Community Support Grant Agreements, including those set forth in paragraph 3 of Annex 1 to this Schedule; and (iii) Sub-project implementation, monitoring and evaluation requirements. In the event of any inconsistency or conflict between any provisions of this Agreement and any provisions of the Sub-project Operations Manual, the provisions of this Agreement shall prevail. Unless otherwise agreed by the Recipient and the World Bank, for the purposes of supporting XXXX HealthPro to undertake Research Programs under Part 2.1(b) identifying, appraising, documenting and implementing Sub-projects, the Recipient, through the PMU, shall ensure that: the Sub-project Operations Manual shall be applied by the PMU in implementation of the Project, ; the PMU shall: (i) review each Community Support Grant Proposal for compliance with the Eligibility and provided that XXXX HealthPro has entered into the XXXX HealthPro Memorandum of Agreement, XXXX HealthPro shall Selection Criteria; and (ii) enter into a Research Program Community Support Grant Agreement with each Researcher setting Community Support Grant Entity, on terms and conditions acceptable to the Recipient and the World Bank and meeting the requirements set out in paragraph 3 of Annex 1 to this Schedule, prior to the activities that disbursement of any Grant funds for the purposes of such Researcher will undertake under Sub-project; and each Sub-project is implemented in accordance with this Agreement, the Sub-project Operations Manual and the respective Community Support Grant Agreement. The Recipient shall ensure that: (a) KPDT shall delegate to the Project and Satker referred to in paragraph 2(a) of Section I.A of this Schedule the requirements authority for the use implementation of the proceeds Project budget for approval of Project payments, including payments to consultants and Community Support Grant Entities; and (b) KPDT shall be responsible for reconciliation of the Loan Project budget and replenishment of the designated account as set out in the additional instructions on disbursement provided for in paragraph 1 of Section IV.A of this Schedule. The Recipient shall ensure that KPDT shall make publicly available on an on-going basis information on proposed and approved Sub-projects at the village and Kecamatan levels in accordance with the Project Management Manual Operations Manual. The Recipient shall ensure the individual financial management consultant with terms of reference acceptable to the Recipient and the Anti-Corruption Guidelines, including Bank shall be engaged at the provisions of Attachment 1 to this Schedule 2; and central Project implementation level by the date which is not later than the date which is one (ii1) month after the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro for the purpose of a Research Program until XXXX HealthPro shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For purposes of providing FAPs to Participating Medical Schools under Part 3 of the Project, the Borrower shall implement the Project in accordance with the FAP Manual and the terms and conditions for FAPs set out in Attachment 2 to this Schedule 2Effective Date.

Appears in 1 contract

Samples: Grant Agreement

Implementation Obligations. 1. The Borrower shall: (a) implement adopt and, thereafter ensure that the Project is implemented in accordance with with, the Project Management Operations Manual, agreed between the Borrower and acceptable to the Bank, giving details of guidelines and procedures for which shall include the implementation, supervision, and monitoring and evaluation of the Project, includingdescription of: (i) institutional arrangementsimplementation arrangements set forth in Section I of this Schedule 2; (ii) fiduciary requirements for FAPsthe procurement procedures set forth in Section III of this Schedule 2 and standard procurement documentation; (iii) criteria and time schedules for development of work plans for Parts 1 and 2 of the Project; (iv) process budget documents (DIPA); (v) reporting, and monitoring and evaluation, reporting requirements, and financial management procedures and audit procedures as set forth in Section II of this Schedule 2 to this Agreement2; (iv) disclosure standards and procedures, including procedures required for the publication of procurement opportunities, bidding documents and requests for proposals, short lists, contracts awarded and summaries of evaluation of bids and proposals; (v) the GAAP; (vi) procurement procedures as set forth the terms of reference for the Owner’s Agent consultants; and (vii) the Project Performance Indicators; (b) not amend, suspend, abrogate, repeal or waive any provisions of the Project Operations Manual except with prior agreement between the Borrower and the Bank; and (c) ensure that the Project Operations Manual is made available, at all times until completion of the Project, to the Bank and to each person or entity which receives, is responsible for deposit or transfer of, or takes or influences decisions regarding the use of proceeds of the Loan, including each member of the PIU and each contractor and consultant. 2. The Borrower shall at all times during Project implementation and thereafter ensure that provision is made in its annual budget for sufficient funds for the operation and maintenance costs of the equipment funded by the proceeds of the Loan. (a) The Borrower shall, prior to the issuance of any bidding document for the Project other than bidding documents for the Owner’s Agent contract, engage the Owner’s Agent in accordance with the Procurement Plan and the provisions of Section III of Schedule 2 to this Agreement as well as standard procurement documentation; (vii) the Better Governance Action Plan; and (viii) eligibility and selection criteriaAgreement, implementation arrangements and under terms and conditions for agreements for Research Programs under Part 1.2(b)(ii) and Part 2.1(b) of the Program; (b) implement Part 3 of the Project in accordance with the FAP Manual, agreed between reference acceptable to the Borrower and the Bank, giving details of guidelines to assist the Borrower with project implementation support, validation and procedures for the eligibility verification services, procurement and selection criteriacomplaints handling, implementation arrangements, supervision, including: (i) a project management specialist; (ii) a human resources management specialist; and monitoring and evaluation, of the FAPs, in accordance with Attachment 2 to this Schedule 2, and where FAPs will support Research Programs, the eligibility and selection criteria, implementation arrangement and terms and conditions for agreements for such Research Programs; and(iii) a procurement specialist. (cb) except Except as the Borrower and the Bank shall otherwise agree, shall not amend or waive any provision of either of the Project Management Manual or the FAP Manual. For the purposes of establishing and providing support to NAA under Part 1.1 of the Project, the Borrower shall ensure that: NAA is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; and the Borrower shall: (i) enter into retain the NAA Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with NAA setting out the activities that NAA will undertake under the Project and the requirement for the use services of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to NAA and shall not permit NAA to commence activities under Part 1.1 of the Project Owner’s Agent until the Borrower and NAA have entered into such memorandum of agreement. For the purposes of supporting Associations of Health Higher Education Institutions under Part 1.2(b) completion of the Project, the Borrower shall enter into an Association Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with each Association of Health Higher Education Institutions setting out the activities that such institutions will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to any Association of Health Higher Education Institutions and shall not permit any such association to commence activities under Part 1.2(b) of the Project until the Borrower and such association have entered into such memorandum of agreement. For the purposes of supporting AIPKI, one of the Associations of Education Institutions, to conduct Research Programs under Part 1.2(b)(ii) of the Project, and provided that AIPKI has entered into an Association Memorandum of Agreement, (i) AIPKI shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to AIPKI for the purpose of a Research Program until AIPKI shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For the purposes of establishing and providing support to XXXX HealthPro under Part 2 of the Project, the Borrower shall ensure that: XXXX HealthPro is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; the Borrower shall: (i) enter into the XXXX HealthPro Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with XXXX HealthPro setting out the activities that XXXX HealthPro will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro and shall not permit XXXX HealthPro to commence activities under Part 2 of the Project until the Borrower and XXXX HealthPro have entered into such memorandum of agreement; and for the purposes of supporting XXXX HealthPro to undertake Research Programs under Part 2.1(b) of the Project, and provided that XXXX HealthPro has entered into the XXXX HealthPro Memorandum of Agreement, XXXX HealthPro shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro for the purpose of a Research Program until XXXX HealthPro shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For purposes of providing FAPs to Participating Medical Schools under Part 3 of the Project, the Borrower shall implement the Project in accordance with the FAP Manual and the terms and conditions for FAPs set out in Attachment 2 to this Schedule 2.and

Appears in 1 contract

Samples: Loan Agreement

Implementation Obligations. (a) The Borrower shallRecipient shall prepare and adopt: (ai) implement a Project Operational Manual acceptable to the Association (“Project in accordance with the Project Management Operational Manual, agreed between the Borrower and the Bank”), giving details of guidelines and procedures agreed with the Association and other Program Partners for the implementation, supervision, and monitoring and evaluation evaluation, of the Project, including: (iA) institutional and staffing arrangements; (iiB) fiduciary reporting requirements for FAPsas set forth in Part A of Section II of this Schedule 2; (iiiC) criteria and time schedules for development of work plans for Parts 1 and 2 of the ProjectProgram Performance Indicators; (ivD) process budget documents (DIPA); (v) reporting, and monitoring and evaluation, requirements, and financial management procedures and audit procedures as set forth in Part B of Section II of this Schedule 2 to this Agreement2; (viE) procurement procedures as set forth in Section III of this Schedule 2 to this Agreement as well as standard procurement documentation2; (viiF) details of the Better Governance Action PlanSocial/Environmental Management Framework; and (viiiG) details of the Good Governance Framework; (ii) a SDG Operational Manual (“SDG Operational Manual”) acceptable to the Association, giving details of the guidelines and procedures governing SDGs, including the eligibility criteria to be used for the identification and selection criteriaof Eligible Beneficiaries, implementation arrangements and the terms and conditions for agreements for Research Programs under Part 1.2(b)(iigoverning approval of Subprojects and award of SDGs; (iii) and Part 2.1(ba HEF Operational Manual (“HEF Operational Manual”) acceptable to the Association, giving details of the Program;guidelines and procedures governing HEF Grants, including the eligibility criteria to be used for the identification and selection of Eligible Beneficiaries, and the terms and conditions governing approval of Subprojects and award of HEF Grants; and (iv) a manual (“MBPI Manual”) acceptable to the Association, for the introduction within MOH of a merit-based performance incentive scheme (“MBPI”), designed to link pay to performance and provide incentives for enhanced performance. (b) The Recipient shall implement Part 3 of the Project in accordance with the FAP Project Operational Manual, agreed between the Borrower SDG Operational Manual, HEF Operational Manual and the BankMBPI Manual, giving details of guidelines and procedures for the eligibility and selection criteriaand, implementation arrangements, supervision, and monitoring and evaluation, of the FAPs, in accordance with Attachment 2 to this Schedule 2, and where FAPs will support Research Programs, the eligibility and selection criteria, implementation arrangement and terms and conditions for agreements for such Research Programs; and (c) except as the Borrower and the Bank Association shall otherwise agree, shall not amend or waive any provision of either thereof if, in the opinion of the Project Management Manual Association, such amendment or waiver may materially and adversely affect the FAP Manual. For the purposes of establishing and providing support to NAA under Part 1.1 implementation of the Project. 2. The Recipient shall, in conjunction with the Borrower shall ensure that: NAA is established Association and other Program Partners, undertake annual Program-related reviews as an independent entity with charter documentsfollows, staffing based on terms of reference acceptable to the Association and other Program Partners: (a) a joint annual performance review (“Joint Annual Performance Review”), to be held not later than March of every year, during which they will jointly review progress in sector performance in the light of the Program Performance Indicators, and identify priorities for the next planning cycle; and (b) a joint annual operational plan and operational procedures agreed between appraisal (“Joint Annual Operational Plan and Appraisal”), to be held not later than September of every year, during which AOPs for the Borrower forthcoming Fiscal Year are to be consolidated and endorsed for final approval, and each Program Partner’s proposed share in the cost of the AOP and the Bank; Pooled Account, along with the Recipient’s own counterpart contribution, shall be duly noted and the Borrower shall: recorded. (ia) enter into the NAA Memorandum of AgreementThe Recipient shall establish and thereafter maintain, on terms and conditions agreed between which shall be acceptable to the Borrower and the BankAssociation, with NAA setting out the activities that NAA will undertake under the Project and the requirement for the use of the proceeds of the Loan in accordance a single non- interest bearing foreign exchange account (“Pooled Account”) with the Project Management Manual National Bank of Cambodia or a commercial bank, as the case may be, to be managed by MOH, into which the Association and other Program Partners who elect to do so (“Pooling Partners”) shall be invited to pool their respective contributions to the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to NAA and shall not permit NAA to commence activities under Part 1.1 cost of the Project until in order to have the Borrower Project funded jointly and NAA have entered into such memorandum of agreement. For the purposes of supporting Associations of Health Higher Education Institutions under Part 1.2(b) on a common basis, according to each Pooling Partner’s respective percentage share of the Project, the Borrower Pooled Account. (b) The Recipient shall enter into conclude an Association Memorandum of Agreementagreement (“Joint Partnership Arrangement”) with Pooling Partners, on terms and conditions agreed between acceptable to both the Borrower Recipient and the BankPooling Partners, giving details of the operational guidelines and modalities governing the Pooled Account, including the relevant institutional arrangements, fiduciary and capacity building provisions, assessment and monitoring requirements, disbursement arrangements, and information-sharing and conflict resolution measures. 4. The Recipient shall ensure that: (a) proceeds of the Credit shall be used exclusively to finance Eligible Expenditures and in accordance with the respective AOP; and (b) such expenditures shall be deemed to have been jointly financed by the Pooling Partners in accordance with each Pooling Partner’s previously agreed percentage share of funds in the Pooled Account. 5. No expenditure shall be considered eligible under the Project except to the extent that: (a) the relevant AOP has been approved by the Association; (b) the expenditure is consistent with the AOP as approved; and (c) the percentage share of the expenditure attributable to the Financing is consistent with the Association’s previously agreed percentage share of the AOP and the Pooled Account. 6. Without limitation upon its other obligations under this Agreement, the Recipient shall: (a) maintain in the National Bank of Cambodia or a commercial bank, and on terms and conditions satisfactory to the Association, an advance account to be operated and maintained by MOH (“Counterpart Fund Account”), into which it shall deposit from time to time its counterpart contribution corresponding to its share of the cost of the AOP for each Fiscal Year; (b) not later than thirty days after the date of the first deposit of funds into the Pooled Account, deposit into the Counterpart Fund Account an initial advance corresponding to the Recipient’s share of the approved AOP for the first two quarters of the first Fiscal Year, and thereafter replenish the Counterpart Fund Account on a quarterly basis, taking into account the opening balance in the Counterpart Fund Account and the Recipient’s share of the cost of the AOP for the next following quarter; and (c) ensure that funds deposited into the Counterpart Fund Account shall be used only for the purposes of defraying the cost of expenditures incurred which are part of the AOP and consistent with the Program. 7. The Recipient shall establish a Joint Program Management Group (“Joint Program Management Group”), whose mandate, membership and terms of reference shall be acceptable to the Association, which shall meet on a quarterly basis, or more often as needed, to supervise the allocation of funds required to support activities to be financed out of the resources of the Pooled Account, review the application of such funds, and make recommendations for the release of new funds, based on satisfactory financial reports, cash forecasts and agreed triggers. 8. For purposes of Grants under the Project, the Recipient shall apply the proceeds of the Credit and Pooled Account allocated to Grants to finance Subprojects for the benefit of Eligible Beneficiaries in accordance with the guidelines, procedures and criteria set forth in the SDG Operational Manual or HEF Operational Manual, as the case may be, and the additional terms and conditions set forth in Part D of this Section. (a) The Recipient shall, not later than June 30, 2011, undertake, in conjunction with the Association and other Program Partners, a midterm review, during which they shall exchange views generally on all matters relating to the progress of Health Higher Education Institutions setting out the activities that such institutions will undertake Project and Program, and the performance by the Recipient of its obligations under this Agreement, including the progress achieved by the Recipient under the Project and Program, having regard to the requirements Program Performance Indicators agreed upon among the Recipient, Association and other Program Partners. (b) Not later than one month prior to the review, the Recipient shall furnish to the Association and other Program Partners, for comments, a report, in such detail as the use of Association and other Program Partners shall reasonably request, on the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to any Association of Health Higher Education Institutions and shall not permit any such association to commence activities under Part 1.2(b) progress of the Project until the Borrower and such association have entered into such memorandum of agreement. For the purposes of supporting AIPKI, one status of the Associations of Education InstitutionsProgram, to conduct Research Programs under Part 1.2(b)(ii) and giving details of the Projectvarious matters to be discussed at such review. (c) Following the review, the Recipient undertakes to act promptly and provided that AIPKI has entered into an Association Memorandum diligently in order to take any corrective action deemed necessary to remedy any shortcoming noted in the implementation of Agreement, (i) AIPKI shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for Program, or to implement such other measures as may have been agreed upon between the use parties in furtherance of the proceeds objectives of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to AIPKI for the purpose of a Research Program until AIPKI shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For the purposes of establishing and providing support to XXXX HealthPro under Part 2 of the Project, the Borrower shall ensure that: XXXX HealthPro is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; the Borrower shall: (i) enter into the XXXX HealthPro Memorandum of Agreement, on terms and conditions agreed between the Borrower and the Bank, with XXXX HealthPro setting out the activities that XXXX HealthPro will undertake under the Project and the requirements for the use Program. 10. Pending adoption of the proceeds of the Loan in accordance with the Project Management SDG Operational Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 pursuant to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro and shall not permit XXXX HealthPro to commence activities under Part 2 of the Project until the Borrower and XXXX HealthPro have entered into such memorandum of agreement; and for the purposes of supporting XXXX HealthPro to undertake Research Programs under Part 2.1(bB.1(c) of the Project, and provided that XXXX HealthPro has entered into the XXXX HealthPro Memorandum Section IV of Agreement, XXXX HealthPro shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro for the purpose of a Research Program until XXXX HealthPro shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For purposes of providing FAPs to Participating Medical Schools under Part 3 of the Project, the Borrower shall implement the Project in accordance with the FAP Manual and the terms and conditions for FAPs set out in Attachment 2 to this Schedule 2Agreement and its extension generally to all Provinces, the Recipient shall take necessary measures acceptable to the Association to avoid any interruption in service delivery or decline in service standards across Provinces, including those to which the existing process of contractual arrangements involving NGOs applies.

Appears in 1 contract

Samples: Financing Agreement

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Implementation Obligations. The Borrower shall: (a) implement adopt and, thereafter ensure that the Project is implemented in accordance with with, the Project Management Operations Manual, agreed between the Borrower and acceptable to the Bank, giving details of guidelines and procedures for which shall include the implementation, supervision, and monitoring and evaluation of the Project, includingdescription of: (i) institutional arrangementsimplementation arrangements set forth in Section I of this Schedule 2; (ii) fiduciary requirements for FAPsthe procurement procedures set forth in Section III of this Schedule 2 and standard procurement documentation; (iii) criteria and time schedules for development of work plans for Parts 1 and 2 of the Project; (iv) process budget documents (DIPA); (v) reporting, and monitoring and evaluation, reporting requirements, and financial management procedures and audit procedures as set forth in Section II of this Schedule 2 to this Agreement2; (iv) disclosure standards and procedures, including procedures required for the publication of procurement opportunities, bidding documents and requests for proposals, short lists, contracts awarded and summaries of evaluation of bids and proposals; (v) the GAAP; (vi) procurement procedures as set forth the terms of reference for the Owner’s Agent consultants; and (vii) the Project Performance Indicators; (b) not amend, suspend, abrogate, repeal or waive any provisions of the Project Operations Manual except with prior agreement between the Borrower and the Bank; and (c) ensure that the Project Operations Manual is made available, at all times until completion of the Project, to the Bank and to each person or entity which receives, is responsible for deposit or transfer of, or takes or influences decisions regarding the use of proceeds of the Loan, including each member of the PIU and each contractor and consultant. The Borrower shall at all times during Project implementation and thereafter ensure that provision is made in its annual budget for sufficient funds for the operation and maintenance costs of the equipment funded by the proceeds of the Loan. (a) The Borrower shall, prior to the issuance of any bidding document for the Project other than bidding documents for the Owner’s Agent contract, engage the Owner’s Agent in accordance with the Procurement Plan and the provisions of Section III of Schedule 2 to this Agreement as well as standard procurement documentation; (vii) the Better Governance Action Plan; and (viii) eligibility and selection criteriaAgreement, implementation arrangements and under terms and conditions for agreements for Research Programs under Part 1.2(b)(ii) and Part 2.1(b) of the Program; (b) implement Part 3 of the Project in accordance with the FAP Manual, agreed between reference acceptable to the Borrower and the Bank, giving details of guidelines to assist the Borrower with project implementation support, validation and procedures for the eligibility verification services, procurement and selection criteriacomplaints handling, implementation arrangements, supervision, including: (i) a project management specialist; (ii) a human resources management specialist; and monitoring and evaluation, of the FAPs, in accordance with Attachment 2 to this Schedule 2, and where FAPs will support Research Programs, the eligibility and selection criteria, implementation arrangement and terms and conditions for agreements for such Research Programs; and(iii) a procurement specialist. (cb) except Except as the Borrower and the Bank shall otherwise agree, shall not amend or waive any provision of either of the Project Management Manual or the FAP Manual. For the purposes of establishing and providing support to NAA under Part 1.1 of the Project, the Borrower shall ensure that: NAA is established as an independent entity with charter documents, staffing plan and operational procedures agreed between the Borrower and the Bank; and the Borrower shall: (i) enter into retain the NAA Memorandum services of Agreementthe Owner’s Agent until completion of the Project; and (ii) take all such steps as are necessary to ensure that the Owner’s Agent is able to provide services in accordance with its contractual terms of reference. The Borrower shall ensure that the PIU shall establish in a timely manner working groups comprised of technical experts and stakeholders meeting the criteria set out in the Project Operations Manual to review, inspect and report on terms technical completeness and conditions agreed between accuracy of work done by contractors. Such working groups shall be formed by a decree issued by the Borrower Director General of DGT, where appropriate, and in any event prior to the Bank, with NAA setting out the activities that NAA will undertake time of delivery of goods and services under the Project Project. The Borrower shall ensure that the PIU shall develop and the requirement for the use of the proceeds of the Loan implement a public communications strategy in accordance with the Project Management Manual and the Anti-Corruption GuidelinesOperations Manual, including the provisions of Attachment 1 to this Schedule 2; and including: (iia) the Borrower shall not make any proceeds of the Loan available to NAA and shall not permit NAA to commence activities under Part 1.1 operation of the Project until Website by no later than the Borrower date which is 30 days after the Effectiveness Date; (b) publication, in accordance with the requirements of the Project Operations Manual, of an Annual Progress Report, reviewing progress made in carrying out the Project in the preceding year, to be posted on the Project Website promptly after issuance of each such report; (c) publication of the report of the mid-term review of the Project carried out pursuant to Section II.A.2 of Schedule 2 to this Agreement promptly after issuance of such report; (d) development and NAA have entered into publication of a complaints handling system; (e) publication of procurement activities in accordance with Section III.E of, and Annex 2 to, this Schedule promptly after completion of such memorandum of agreement. For the purposes of supporting Associations of Health Higher Education Institutions under Part 1.2(b) of activities including: advertisements for procurement funded by the Project, the Borrower shall enter into an Association Memorandum of AgreementProcurement Plan and any updates thereto, on terms and conditions agreed between the Borrower contract award information (name, amount and the Bank, with each Association of Health Higher Education Institutions setting out the activities that such institutions will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2services) after award; and (iif) the Borrower shall not make any proceeds publication of the Loan available to any Association of Health Higher Education Institutions and shall not permit any such association to commence activities under Part 1.2(b) of the Project until the Borrower and such association have entered into such memorandum of agreementfinal audit reports promptly after issuance. For the purposes of supporting AIPKI, one of the Associations of Education Institutions, to conduct Research Programs under Part 1.2(b)(ii) of the Project, and provided that AIPKI has entered into an Association Memorandum of Agreement, (i) AIPKI shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to AIPKI for the purpose of a Research Program until AIPKI shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For the purposes of establishing and providing support to XXXX HealthPro under Part 2 of the Project, the The Borrower shall ensure that: XXXX HealthPro is established as an independent entity with charter documents, staffing plan and operational procedures agreed between that the Borrower and the Bank; the Borrower PIU shall: (ia) enter into within one month of the XXXX HealthPro Memorandum Effective Date, and (b) thereafter within one month of Agreementthe publication of the Annual Progress Report each year during Project implementation, hold a press conference. The Borrower shall ensure that the PIU shall provide notice of each such meeting on terms and conditions agreed between the Borrower and the Bank, with XXXX HealthPro setting out the activities that XXXX HealthPro will undertake under the Project Website and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro and shall not permit XXXX HealthPro to commence activities under Part 2 of the Project until the Borrower and XXXX HealthPro have entered into such memorandum of agreement; and for the purposes of supporting XXXX HealthPro to undertake Research Programs under Part 2.1(b) of the Project, and provided that XXXX HealthPro has entered into the XXXX HealthPro Memorandum of Agreement, XXXX HealthPro shall enter into a Research Program Agreement with each Researcher setting out the activities that such Researcher will undertake under the Project and the requirements for the use of the proceeds of the Loan in accordance with the Project Management Manual and the Anti-Corruption Guidelines, including the provisions of Attachment 1 to this Schedule 2; and (ii) the Borrower shall not make any proceeds of the Loan available to XXXX HealthPro for the purpose of a Research Program until XXXX HealthPro shall have entered into a Research Program Agreement with the respective Researcher for such Research Program. For purposes of providing FAPs to Participating Medical Schools under Part 3 of the Project, the Borrower shall implement the Project in accordance with the FAP Manual and the terms and conditions for FAPs set out in Attachment 2 to this Schedule 2through press releases.

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Samples: Loan Agreement

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