Common use of Particular Covenants Clause in Contracts

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

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Particular Covenants. (a) The Borrower shall cause CRC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and development railway construction, maintenance and operations practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land services and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the ProjectProject and for the operation and maintenance of the Goods. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities Goods are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall cause CRC to enable ADB’s representatives to inspect the Project, the Goods and any records and documents relating to the Project. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs CRC to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Particular Covenants. (a) The Borrower APB shall cause carry out the Project to be carried out with due diligence and efficiency efficiency, and in conformity with sound applicable technicaladministrative, banking, financial, business, and development practicesenvironmental management practices and under the supervision of competent and experienced management and personnel. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower APB shall perform, or cause to be performed, perform all obligations set forth in the Project Loan Agreement to the extent that they are applicable to APB and all obligations set forth in the Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.022.02. The Borrower APB shall make available, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land services and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.032.03. The Borrower shall ensure that the activities of its departments Except as ADB may otherwise agree, all goods and agencies with respect services to the carrying be financed out of the Project and operation proceeds of the Project facilities are conducted and coordinated Loan shall be procured in accordance with sound administrative policies the provisions of Schedule 4 and procedures. Section 4.04. The Borrower shall take all actions which shall be necessary on its part Schedule 5 to enable the State and the DISCOMs to perform their obligations under the Project Loan Agreement, and shall . ADB may refuse to finance a contract where goods or services have not take or permit any action which would interfere been procured under procedures substantially in accordance with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of those agreed between the Borrower and ADB or where the terms and to accomplish the purposes conditions of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice contract are not satisfactory to ADB. Section 2.04. APB shall carry out the Project in accordance with plans and work schedules acceptable to ADB. APB shall furnish, or cause to be furnished, to ADB, promptly after their preparation, such plans and work schedules, and any material modifications subsequently made therein, in such detail as ADB shall reasonably request. Section 2.05. (a) APB shall ensure that arrangements satisfactory to ADB for insurance of Project facilities, are made to such extent and against such risks and in such amounts as shall be consistent with sound practice.

Appears in 1 contract

Samples: Project Agreement

Particular Covenants. (a) The Borrower shall cause EVN to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and development power generation practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 Schedules 5, 6 and 7 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, available or cause to be made available by the Stateto EVN, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs EVN to perform their its obligations under the Project Agreement, Agreement and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan.Loan.‌ (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State and GETCO to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performedperformed by the State, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause the State to be made available by the Statemake available, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs GETCO to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause BPDB, DESCO, DPDC, and PGCB to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and power sector development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make availableavailable to BPDB, or cause to be made available by the StateDESCO, DPDC, and PGCB, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State BPDB, DESCO, DPDC, and the DISCOMs PGCB to perform their its obligations under the Project AgreementAgreements, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement Agreements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreements shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs WSCs to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State, the DISCOMs and MP Tradeco to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall cause the State to make available, or cause available to be made available by the StateDISCOMs and MP Tradeco, promptly as needed, and on terms and conditions mutually acceptable to ADBADB and the Borrower, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions which shall be necessary on its part to enable the State and State, the DISCOMs and MP Tradeco to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation so far as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation so far as it relates to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall carry out or cause the Project to be carried out the Project with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and development hydropower practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in herein and Schedule 5 to this the Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall cause DGPC to enable ADB’s representatives to inspect the Project, the Goods, and Works financed out of the proceeds of the Loan, all other plants, sites, properties and equipment, and any relevant records and documents relating to the Project. Section 4.03. The Borrower shall make available, available or shall cause to be made available by the Stateavailable, to DHPC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.034.04. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.044.05. The Borrower shall take all actions which action that shall be necessary on its part to enable the State DGPC and the DISCOMs DHPC to perform their respective obligations under the Project Agreement, and shall not take or permit any action which that would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this DHPC Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the DHPC Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause NTDC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, electrical transmission, and development environmental practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Schedule to the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateNTDC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs NTDC to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) Section 4.01. In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause enable ADB’s representatives to be made available by inspect the State, promptly as needed, and on terms and conditions acceptable to ADBProject, the funds, facilities, services, land Goods and other resources, as required, in addition to Works financed out of the proceeds of the Loan, for the carrying out all other plants, sites, properties and equipment of the ProjectBorrower, and any relevant records and documents. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs CEB to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan CEB Subsidiary Financing Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the CEB Subsidiary Financing Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB. (c) In the event the Borrower or CEB shall have failed to perform any of its obligations under the CEB Subsidiary Financing Agreement, and such breach shall not have been rectified within sixty (60) days after notice thereof given by ADB to the Borrower and CEB of its occurence, then such unrectified breach shall be an additional event for suspension of the right of the Borrower to make withdrawals from the Loan Account for the purposes of Section 8.01(m) of the Loan Regulations, and for acceleration of maturity for the purposes of Section 8.07(d) of the Loan Regulations.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State and MPRDC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause the State or MPRDC to be performedperform, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateState and MPRDC, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs MPRDC to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation so far as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with the State, and State pursuant to Section 3.01 (a) of this Loan Agreement through MPRDC in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation so far as it relates to the Project, no rights or obligations under such the financing arrangements with the State and/State through MPRDC, shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall shall, through XUARG, cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, needed the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any records and documents relating to the Project. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable XUARG, and, through XUARG, the State IAs and the DISCOMs PIUs to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) Section 4.01. In the carrying out of the Project and operation of the Project facilitiesProject, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The In addition to the reports and information set forth in Section 6.05 of the Loan Regulations, the Borrower shall make availablefurnish, or cause to be made available by furnished, to ADB all such reports and information as ADB shall reasonably request, with regard to the StateProject, promptly as needed, and on terms and conditions acceptable to ADBconcerning (i) the MGs, the fundssubprojects, facilitiessubloans and grants; and (ii) the administration, services, land operations and other resources, as required, in addition to the proceeds financial condition of the Loan, for the carrying out of the ProjectMDF. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies enable ADB's representatives to inspect, with respect regard to the carrying Project, any MG, any subproject, the Goods and Works financed out of the Project and operation proceeds of the Project facilities are conducted Loan, and coordinated in accordance with sound administrative policies any relevant records and proceduresdocuments maintained by MDF. Section 4.04. The Borrower shall promptly take all actions action which shall be necessary on its part to enable the State and the DISCOMs MDF to perform their its obligations under the Project Agreement, Agreement and shall not take or permit any action which would interfere with the MDF’s performance of such its obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Project Implementation Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Project Implementation Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause SPG to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, urban (urban road, river improvement and area upgrading) and social (education) development, and development public facility (wastewater, water supply, gas supply, heating, and solid waste management) practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Schedule to the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the StateSPG to, promptly as needed, and on terms and conditions acceptable to ADB, make available the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs SPG to perform their its obligations under the Project Agreement, including the establishment and maintenance of tariffs as stipulated in paragraphs 32 through 34 of the Schedule to the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall ensure through SPG that the concerned Local Government(s) exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (aOnlending Agreement(s) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the ProjectThe Borrower shall ensure, where applicable, through SPG that no rights or obligations under such financing arrangements any Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of the Borrower and ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause MORD and the States to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and rural roads development and maintenance practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by MORD and the State, States promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, Loan and the Government Contribution for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. Insofar as it relates to the Project, the Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs Project Executing Agencies to perform their respective obligations under the Project AgreementAgreements, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation Insofar as it relates to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause CIPA to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to the Special Operations Loan Agreement (which is incorporated herein by reference and forms an integral part of this Loan Agreement Agreement) and the Amended Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateCIPA, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project and the Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs CIPA to perform their its obligations under the Amended Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB. Section 4.07. The Borrower shall and shall cause CIPA to ensure that the Project is implemented in accordance with the detailed arrangements set forth in the XXX. Any subsequent change to the XXX shall become effective only after approval of such change by the Borrower and ADB. In the event of any discrepancy between the XXX and this Loan Agreement, the provisions of this Loan Agreement shall prevail.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall through APG cause HMG to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall, through APG, cause HMG, upon reasonable request by ADB, to enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents relating to the Project. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State APG and the DISCOMs HMG to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause VEC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and development highway practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this the Special Operations Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateVEC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs VEC to perform their its obligations under the Project Agreement, including the establishment and maintenance of toll rates as stipulated in paragraph 10 of Schedule 5 to the Special Operations Loan Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, business and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADBavailable, the fundsfunds (including any residual financing for completion of contracts under the Project), facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower and Project Executing Agency shall ensure that the activities of its their departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. In so far as it relates to the Project, the Borrower shall take all actions which shall be necessary on its part to enable the State MOR and the DISCOMs RVNL to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation so far as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with RVNL MOU and the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation so far as it relates to the Project, no rights or obligations under such financing arrangements the RVNL MOU or the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State and the DISCOMs to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and power sector development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall cause the State to make available, or cause available to be made available by the StateDISCOMs, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a3.01(a) of with this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the PCBs to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, business and development practices. (b) In the carrying out of the Project and operation of the Project facilitiesProject, the Borrower shall perform, or cause to be performed, all the obligations set forth in Schedule 5 3 to this Loan Agreement and the Project AgreementAgreements. Section 4.02. The In addition to the reports and information set forth in Section 7.04 of the Loan Regulations, the Borrower shall make availablefurnish, or cause to be made available by furnished, to ADB all such reports and information as ADB shall reasonably request concerning: (a) the State, promptly as needed, and on terms and conditions acceptable to ADBQualified Subborrowers, the fundsQualified Subprojects and the Subloans; and (b) the administration, facilities, services, land operations and other resources, as required, in addition to the proceeds financial condition of the Loan, for the carrying out of the ProjectPCBs. Section 4.03. The Borrower shall ensure that enable ADB's representatives to inspect any Qualified Subborrower, any Qualified Subproject, the activities of its departments Goods and agencies with respect to Works, and any relevant records and documents maintained by the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and proceduresPCBs. Section 4.04. The Borrower shall promptly take all actions action, including the provision of funds, facilities, services and other resources, which shall be necessary on its part to enable the State and the DISCOMs PCBs to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement Agreements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performedperformed by the State, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development state road developmental practices. (b) In the carrying out of the Project and operation of the Project facilitiesFacilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, resources as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure ensure, or cause the State to ensure, that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities Facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. In so far as it relates to the Project, the Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs EA to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation so far as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant Financing Arrangements referred to in Section 3.01 (a) 3.01 of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation so far as it relates to the Project, no rights or obligations under such financing arrangements the Financing Arrangements referred to in Section 3.01 of this Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause SAWACO to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateSAWACO, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs SAWACO to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its the State departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs HPPTCL to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) 3.01 of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project AgreementAgreements. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs States to perform their obligations under the Project AgreementAgreements, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant referred to in Section 3.01 (a) 3.01 of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such the aforementioned financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall shall, through GPG and ZCG, cause DHC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, and development hydropower practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Schedule to the Project Agreement. Section 4.02. The Borrower shall make availableavailable to GPG, or and cause GPG and ZCG to be made make available by the Stateto DHC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State GPG, ZCG and the DISCOMs DHC to perform their respective obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall through GPG cause ZCG to exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause JPG to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, wastewater treatment, water supply and development heating practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement, the Schedule to the Project Agreement and the Project AgreementOnlending Agreements. Section 4.02. The Borrower shall shall, through JPG, CMG and YMG, make available, or cause available to be made available by the StateIAs, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs JPG to perform their its obligations under the Project Agreement, including the establishment and maintenance of tariffs as stipulated in paragraphs 13 and 17 of the Schedule to the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall through JPG ensure that CMG and YMG exercise its their rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Onlending Agreements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements any Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and urban development and public utility practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land services and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs to perform their its obligations under the Project Agreement, including the establishment and maintenance of tariffs as stipulated in paragraph 10 of Schedule 5 to this Loan Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with arrangements, in relation to the Project, to the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such the financing arrangements to the State shall be assigned, amended, abrogated or waived without the prior notice to ADB. Rights or obligations under the said financing arrangements shall only be assigned, amended, abrogated or waived, if satisfactory to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project Executing Agencies to be carried carry out the Project with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project Subprojects’ facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project AgreementAgreements. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateProject Executing Agencies, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land services and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower and the Project Executing Agencies shall ensure that the activities of its their departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. Insofar as it relates to the Project, the Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs Project Executing Agencies to perform their obligations under the Project AgreementAgreements, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation Insofar as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation Insofar as it relates to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause MORD, Assam, Orissa, and WB to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, social, and rural roads development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make availableavailable to MORD, or cause to be made available by the StateAssam, Orissa, and WB, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State MORD, Assam, Orissa and the DISCOMs WB to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such the financing arrangements relating to the Project shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause each Project Executing Agency to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the Stateeach Project Executing Agency, promptly as needed, and on terms and conditions acceptable to ADB, ADB the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs each Project Executing Agency to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement Agreements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreements shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the DISCO to carry out the Investment Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and development social safeguards practices. (b) In the carrying out of the Investment Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Schedule to the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateDISCO, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Investment Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Investment Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs DISCO to perform their its obligations under the Project Agreement, including the establishment and maintenance of tariffs as stipulated in paragraph 5 of Schedule 5 to this Loan Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Relending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Relending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

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Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this the Special Operations Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that enable ADB's representatives to inspect the activities of its departments Project, the Goods and agencies with respect to the carrying out of the Project Works, and operation of the Project facilities are conducted any relevant records and coordinated in accordance with sound administrative policies and proceduresdocuments. Section 4.04. ADB shall disclose the annual audited financial statements for the Project and the opinion of the auditors on the financial statements within 30 days of the date of their receipt by posting them on ADB’s website. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State CEB and the DISCOMs SEA to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with CEB Subsidiary Loan Agreement and the State pursuant to Section 3.01 (a) of this SEA Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the CEB Subsidiary Loan Agreement and SEA Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such the said financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause NTDC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, electrical transmission, and development environmental practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateNTDC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs NTDC to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause HPG, and through HPG cause JECC, to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, highway and development road construction, operation and maintenance practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 6 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make availableavailable to HPG, or cause and through HPG to be made available by the StateJECC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State HPG and the DISCOMs JECC to perform their obligations under the Project Agreement, including the establishment and maintenance of tariffs as stipulated in paragraphs 6 and 7 of the Schedule to the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall cause HPG to exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State, and through the State the ASEB, to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and power sector development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performedperformed by the State, and through the State the ASEB, all respective obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the State, and through the State to ASEB, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land services and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its the State's departments and agencies (including ASEB and the IAs) with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State, and through the State and the DISCOMs ASEB, to perform their respective obligations under the Project Agreement, Agreement and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, Project no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall shall, through GPG and ZCG, cause EHC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, and development hydropower practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Schedule to the Project Agreement. Section 4.02. The Borrower shall make availableavailable to GPG, or and cause GPG and ZCG to be made make available by the Stateto EHC, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, services ,land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State GPG, ZCG and the DISCOMs EHC to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall cause ZCG to exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause MOUD and each State to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, business and urban development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the MOUD and each State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, resources as required, in addition to the proceeds of the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB’s representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the MOUD and each State and the DISCOMs to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State and BSRDC to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performedperformed by the State through BSRDC, all obligations set forth in Schedule 5 4 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateState and BSRDC, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs BSRDC to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 3 to this Loan Agreement Agreement, the Initial Loan Agreements and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs VEC to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause YPG to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, roads and expressway construction, and development operation and maintenance practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement, the Schedule to the Project Agreement and the Project Onlending Agreement. Section 4.02. The Borrower shall make availablemake, or cause to be made made, available by the Stateto YPG, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs YPG to perform their its obligations under the Project Agreement, including the establishment and maintenance of tolls as stipulated in paragraph 13 of the Schedule to the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall cause YPG to exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the ProjectThe Borrower shall, through YPG, ensure that no rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that enable ADB's representatives to inspect the activities of its departments Project, the Goods and agencies with respect to the carrying out of the Project Works, and operation of the Project facilities are conducted any relevant records and coordinated in accordance with sound administrative policies and proceduresdocuments. Section 4.04. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs Punjab to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Relending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Relending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.. ARTICLE V‌‌

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause each DISCO to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the Stateeach DISCO, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs each DISCO to perform their its obligations under the Project Agreement, including the establishment and maintenance of tariffs as stipulated in paragraph 5 of Schedule 5 to this Loan Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Relending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Relending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause SPG to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental, roads and expressway construction, and development operation and maintenance practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement, and the Schedule to the Project Agreement and the Project Onlending Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateSPG, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs SPG to perform their its obligations under the Project Agreement, including the establishment and maintenance of tolls as stipulated in paragraph 9 of the Schedule to the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Onlending Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Onlending Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall cause NPT to enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs NPT to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause HnPG, and shall ensure that HnPG causes the Local Governments, to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, environmental and development flood management practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and in the Schedule to the Project Agreement. Section 4.02. The Borrower shall shall, through HnPG, make available, or cause available to be made available by the StateLocal Governments, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State and the DISCOMs HnPG to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Agreement, and shall cause HnPG and the Local Governments to exercise their rights under the Onlending Agreements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation The Borrower, through HnPG, shall cause the Local Governments to ensure that the Project, no rights or obligations under such financing arrangements shall be Onlending Agreements are not assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. ADB shall disclose the annual audited financial statements for the Project and the opinion of the auditors on the financial statements within 30 days of the date of their receipt by posting them on ADB’s website. Section 4.06. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs FRA to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Financing Arrangement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure or cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. In so far as it relates to the Project, the Borrower shall take all actions which shall be necessary on its part to enable the State State, MP Transco and the DISCOMs to perform their obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation so far as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation so far as it relates to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause SPG and SAPG to ensure that SPCD, and BCG and HCG, respectively, carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technicaladministrative, financial, businessengineering, and development environmental practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Schedule to the Project AgreementAgreements. Section 4.02. The Borrower shall cause SPG and SAPG to make availableavailable to SPCD, or cause to be made available by the Stateand BCG and HCG, respectively, promptly as needed, needed and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as resources which are required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions action which shall be necessary on its part to enable the State each of SPG, SAPG, SPCD, BCG and the DISCOMs HCG to perform their its obligations under the respective Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Implementation Agreements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Implementation Agreements shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall ensure that any facilities relevant to the Project are operated, maintained and repaired in accordance with sound applicable technical, financial, business, development, operational and maintenance practices. Section 4.06. The Borrower shall take all actions which shall be necessary on its part to enable the State NN3PC and the DISCOMs LHSE to perform their obligations under the Project Agreement, Concession Agreement and NN3PC Agreements, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the The Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Subsidiary Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no No rights or obligations under such financing arrangements the Subsidiary Loan Agreement shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the State to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall cause the State to ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any relevant records and documents. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement Financing Arrangements in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements the Financing Arrangements shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower Recipient shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, power, rural electrification, and development practices. (b) In the carrying out of the Project and operation of the Project facilitiesProject, the Borrower Recipient shall perform, or cause to be performed, all obligations set forth in Schedule 5 4 to this Loan Agreement and the Project ACEF Grant Agreement. Section 4.02. The Borrower Recipient shall make availableavailable to DOE, or cause to be made available by the State, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land services and other resources, as resources that are required, in addition to the proceeds of the LoanACEF Grant, for the carrying out of the Project. Section 4.03. The Borrower Recipient shall enable ADB's representatives to inspect the Project, the Goods, Works, and consulting services financed out of the proceeds of the ACEF Grant, and any relevant records and documents. Section 4.04. The Recipient shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.044.05. The Borrower Recipient shall take all actions which action that shall be necessary on its part to enable the State and the DISCOMs DOE to perform their its obligations under the Project Agreement, and shall not take or permit any action which that would interfere with the performance of such obligations. (a) In relation to the Project, the Borrower The Recipient shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Grant Agreement in such a manner as to protect the interests of the Borrower Recipient and ADB and to accomplish the purposes of the LoanACEF Grant. (b) In relation to the Project, no No rights or obligations under such the financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to concurrence of ADB.

Appears in 1 contract

Samples: Grant Agreement

Particular Covenants. (a) The Borrower shall through GZARG cause NMG, the IAs to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause to be made available by the Stateavailable, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall enable ADB's representatives to inspect the Project, the Goods and Works, and any records and documents related to the Project. Section 4.05. The Borrower shall take all actions which shall be necessary on its part to enable the State GZARG and the DISCOMs NMG to perform their respective obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation to the Project, the Section 4.06. The Borrower shall through GZARG cause NMG to exercise its rights under the financing funding arrangements with the State pursuant required to fulfill its obligations under Section 3.01 (a) of this Loan Agreement 3.01 in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation to the Project, no rights or obligations under such financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

Particular Covenants. (a) The Borrower shall cause the SEA to carry out the Project to be carried out with due diligence and efficiency and in conformity with sound applicable technical, financial, business, and development practices. (b) In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement. Section 4.02. The Borrower shall make available, or cause available to be made available by the StateSEA, promptly as needed, and on terms and conditions acceptable to ADB, the funds, facilities, services, land and other resources, as required, in addition to the proceeds of the Loan, for the carrying out of the Project. Section 4.03. The Borrower shall ensure that the activities of its departments and agencies with respect to the carrying out of the Project and operation of the Project facilities are conducted and coordinated in accordance with sound administrative policies and procedures. Section 4.04. The Borrower shall take all actions which shall be necessary on its part to enable the State and the DISCOMs SEA to perform their its obligations under the Project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations. (a) In relation so far as it relates to the Project, the Borrower shall exercise its rights under the financing arrangements with the State pursuant to Section 3.01 (a) of this Loan Agreement in such a manner as to protect the interests of the Borrower and ADB and to accomplish the purposes of the Loan. (b) In relation so far as it relates to the Project, no rights or obligations under such the financing arrangements shall be assigned, amended, abrogated or waived without the prior notice to ADB.

Appears in 1 contract

Samples: Loan Agreement

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