Common use of Remedies of the Bank Clause in Contracts

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower to perform any of its obligations under this Agreement; or (i) Subject to sub-paragraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe EIB Loan Agreement shall have failed to become effective by May 31, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions2005, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; orand (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project EIB Loan shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant EIB Loan Agreement, or (B) such loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. (c) the Operational Manual shall have been amended, suspended, abrogated or waived without the Bank’s prior consent.

Remedies of the Bank. Section 5.016.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe EBRD Loan Agreement or the DBK Loan Agreement, Law No. 33 of 2004 Regarding Fiscal Balance between as the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002case may be, shall have been amendedfailed to become effective by August 31, suspended2006, abrogatedor such later date as the Bank may agree; provided, repealed or waived so as however, that the provisions of this paragraph shall not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for Parts A, B and adversely C of the ability Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant EBRD Loan or the DBK Loan, as the case may be, made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant EBRD Loan Agreement or the DBK Loan Agreement, as the case may be; or (B) the EBRD Loan or the DBK Loan, as the case may be, shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination pre-maturing is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for Parts A, B and C of the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (k) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe Cofinancing Agreement shall have failed to become effective by June 30, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1990, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant Cofinance or any other loan or any grant made to the Borrower for the financing of the Project shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant AgreementCofinancing Agreement or other agreement providing therefor; or (B) any such loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. Pursuant to Section 7.01 (h) of the General Conditions, the following additional event is specified, namely that the event specified in paragraph (b) (i) (B) of Section 5.01 of this Agreement shall occur, subject to the proviso of paragraph (b) (ii) of that Section.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (l) of the General Conditions, the following additional events are event is specified, namely that: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe EIB Loan Agreement shall have failed to become effective by December 31, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1991, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however that the provisions of this paragraph shall have been amendednot apply if the Borrower establishes, suspendedto the satisfaction of the Bank, abrogated, repealed or waived so as that adequate funds for the Project are available to affect materially the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project EIB Loan shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant EIB Loan Agreement, or (B) the EIB Loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph (i) of this paragraph (b) shall not apply if the Borrower establishes to the satisfaction satis- faction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreementthe EIB Loan Agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. Pursuant to Section 7.01 (h) of the General Conditions, the following additional event is specified, namely, that the event specified in sub-paragraph (b) (i) (B) of Section 5.01 of this Agreement shall occur, subject to the proviso of sub- paragraph (b) (ii) of that Section.

Remedies of the Bank. Section 5.016.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 99/2000 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, Guarantor shall have been amended, suspended, abrogated, repealed or waived or the Guarantor shall have enacted new legislation or issued new directives so as to affect materially and adversely the ability of the Borrower to perform any of its obligations under this Agreement or the ability of ANRE or OPCOM to implement Part B or Part C of the Project, respectively; (b) Guarantor shall have amended, suspended, abrogated, repealed or waived its Road Map so as to affect materially and adversely the design or implementation of its power sector reform strategy; (c) OPCOM shall have failed to perform any of its obligation under the Financing and Project Implementation Agreement; orand (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, the right of ANRE to use the Borrower to withdraw the proceeds of the PHRD EU Grant made to the Borrower ANRE for the financing carrying out of Part B of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD EU Grant AgreementAgreement providing therefor. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower ANRE establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower ANRE to perform any of its obligations under such agreementthe EU Grant Agreement; and (B) adequate funds for Part B of the Project are available to the Borrower ANRE from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are event is specified, namely, that: (a) any of Law No. 32 of 2004 Regarding Regional Governancethe WMF Grant Agreement shall have failed to become effective by March 31, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1999, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Grant any grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreementagreement providing therefor. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) a situation has arisen which shall make it improbable that the Program or a significant part of it will be carried out; (b) the Development Grant Agreement or any of Law No. 32 of 2004 Regarding Regional Governancethe Other Donors’ Grant Agreements shall have failed to become effective by December 31, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions2004, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall not apply if the Recipient establishes to the satisfaction of the Bank that adequate funds for the Project are available to the Recipient from other sources on terms and conditions consistent with the obligations of the Recipient under this Agreement; (c) ANGAP shall have been amended, suspended, abrogated, repealed or waived so as failed to affect materially and adversely the ability of the Borrower to perform comply with any of its obligations under this the ANGAP Subsidiary Agreement; or; (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, the right of the Borrower Recipient to withdraw the proceeds of the PHRD Development Grant or any of the Other Donors’ Grants made to the Borrower Recipient for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Development Grant AgreementAgreement or any of the Other Donors’ Grant Agreements providing therefor. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower Recipient establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower Recipient to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower Recipient from other sources on terms and conditions consistent with the obligations of the Borrower Recipient under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (k) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe Additional Grant Agreements shall have failed to become effective by December 31, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1991, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : the right of the Borrower to withdraw the proceeds of the PHRD Swedish Grant, the Canadian Grant or the Additional Grants made to the Borrower for the financing of the Project shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement.agreement providing therefor; and (ii) Sub-paragraph subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.and

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe KfW Loan shall have failed to become effective by June 30, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1999, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant any grant or loan made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreementagreement providing therefor, or (B) any such loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: : (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe DFID Grant Agreement, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and SDC Grant or the RegionsXxxxx Foundation Grant shall have failed to become effective by March 31, 2001, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; orand (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : the right of the Borrower to withdraw the proceeds of the PHRD DFID Grant, SDC Grant made to or the Borrower for the financing of the Project Xxxxx Foundation Grant shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD DFID Grant Agreement, the SDC Grant Agreement or the Xxxxx Foundation Grant, respectively. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (k) of the General Conditions, the following additional events are specified: (a) any subject to paragraph (b) of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower to perform any of its obligations under this Agreement; orSection: (i) Subject to sub-paragraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Grant any loan or grant made to the Borrower for the financing of the Project shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement.thereof, or (ii) Sub-paragraph any such loan shall have become due and payable prior to the agreed maturity thereof. (ib) Paragraph (a) of this paragraph Section shall not apply if the Borrower establishes to the satisfaction of the Bank that: (Ai) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (Bii) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. (c) The ITTO Grant Agreement shall have failed to become effective by December 31, 1990, or such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that adequate funds for the overseas degree training costs under the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. Pursuant to Section 7.01 (h) of the General Conditions, the following additional events are specified: (a) that the event specified in Section 5.01 (a) (ii) of this Agreement shall occur, subject to the proviso of Section 5.01 (b) of this Agreement; and

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between a situation has arisen which shall make it improbable that the Central Government and the RegionsProject, or Decree MOF-No. 35/KMK.072/2002a significant part thereof, shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower to perform any of its obligations under this Agreement; orwill be carried out. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant AFESD Loan or the EIB Loan made to the Borrower for the financing Part A.1 with respect to AFESD and Parts A.3 and B.2 with respect to EIB, of the Project Project, shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant AgreementAFESD Loan Agreement or the EIB Loan Agreement as the case may be, or (B) the AFESD Loan or the EIB Loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (k) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, The Additional Cofinancing Agreement shall have been amendedfailed to become effective by December 31, suspended1990 or such later date as the Bank may otherwise agree; provided, abrogatedhowever, repealed or waived so as that the provisions of this paragraph shall not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant any grant or loan made to the Borrower for the financing of the Project shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreementagreement providing there for; or (B) any such loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. Pursuant to Section 7.01 (h) of the General Conditions, the following additional event is specified, namely that the event specified in paragraph (b) (i) (B) of Section 5.01 of this Agreement shall occur, subject to the proviso of paragraph (b) (ii) of that Section.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower to perform any of its obligations under this Agreement; or (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower Recipient to withdraw the proceeds of the PHRD Grant Loan made to the Borrower Recipient for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Loan Agreement; or (B) the Loan Agreement shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower Recipient establishes to the satisfaction of the Bank that: : (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower Recipient to perform any of its obligations under any of such agreement; and and (B) adequate funds for the Project are available to the Borrower Recipient from other sources on terms and conditions consistent with the obligations of the Borrower Recipient under this Agreement. (b) The Recipient shall have failed to perform any of its obligations under the Loan Agreement. (c) As a result of events which have occurred after the date of this Agreement, an extraordinary situation shall have arisen which shall make it improbable that the Recipient will be able to perform its obligations under the Loan Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) : any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower to perform any of its obligations under this Agreement; or (i) Subject to sub-paragraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. . (a) Pursuant to Section 6.02(p6.02 (l) of the General Conditions, the following additional events are event is specified: , namely that: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, OECF Loan Agreement shall have been amendedfailed to become effective by March 1, suspended1996 or such later date as the Bank may agree; provided, abrogatedhowever, repealed that the provisions of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from its own or waived so as to affect materially other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project OECF Loan shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant OECF Loan Agreement, or (B) the OECF Loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from its own or other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.016.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe EBRD Loan Agreement shall have failed to become effective by June 30, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions2000, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant EBRD Loan made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant EBRD Loan Agreement, or (B) the EBRD Loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: : (A) such suspension, cancellation cancellation, termination or termination pre-maturing is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governancea situation shall have arisen, Law No. 33 of 2004 Regarding Fiscal Balance between which shall make it improbable that the Program or a significant part thereof will be carried out; (b) Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, Fund regulations shall have been amended, suspended, abrogated, repealed or waived without the Bank’s concurrence, so as to affect materially and adversely the ability of the Borrower Central Fund to perform any of its obligations under the Project; (c) the Sida Grant Arrangement shall have failed to become effective by June 30, 1999, or such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement; orand (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Grant any grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreementagreement providing therefor. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes established to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.and

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, The Charter shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability operations or the financial condition of the Borrower or its ability to carry out Parts A and C of the Project or to perform any of its obligations under this Agreement; or. (b) An event shall have occurred which shall make it improbable that the Program or a significant part thereof will be carried out. (i) Subject to sub-paragraph clause (ii) of this paragraph, paragraph (c): (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant made NDF Loan to the Borrower for the financing of Part C of the Project, or the right of the Guarantor to withdraw the proceeds of the European Union Grant to the Guarantor for the financing of Part B of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreementrespective agreements providing therefor; or (B) the NDF Loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Clause (i) of this paragraph (c) shall not apply if the Borrower or the Guarantor, as the case may be, establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower or the Guarantor, as the case may be, to perform any of its obligations under such the respective agreement; and (B) adequate funds for Parts B and C of the Project are available to the Borrower and the Guarantor from other sources on terms and conditions consistent with the obligations obligation of the Guarantor under the Guarantee Agreement or of the Borrower under this the Loan Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (l) of the General Conditions, the following additional events are event is specified, namely that: (a) any of Law No. 32 of 2004 Regarding Regional GovernanceThe EBRD loan shall have failed to become effective by June 1, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1995, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree; provided, shall have been amendedhowever, suspended, abrogated, repealed or waived so as to affect materially and adversely that the ability of the Borrower to perform any of its obligations under this Agreement; or (i) Subject to sub-paragraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement. (ii) Sub-paragraph (i) provisions of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. (1) Subject to paragraph (b) (2) of this Section: (i) the right of the Borrower to withdraw the proceeds of any loan or grant made to the Borrower for the financing of the Project shall have been suspended, cancelled or terminated in whole or in part, pursuant to the terms of the agreement providing therefor, or (ii) any such loan shall have become due and payable prior to the agreed maturity thereof. (2) Paragraph (b) (1) of this Section shall not apply if the Borrower establishes to the satisfaction of the Bank that: (Ai) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (Bii) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. Pursuant to Section 7.01 (h) of the General Conditions, the following additional event is specified, namely that the event specified in Section 5.01 (a) (ii) of this Agreement shall occur, subject to the proviso of Section 5.01 (b) of this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (l) of the General Conditions, the following additional events are specified, provided, however, that in respect of any event referred to in paragraph (e) below, the Bank may, if justifiable in its opinion, restrict the suspension of disbursements of Loan proceeds in respect of the portion or portion thereof, or Approved Subproject or Subprojects, affected by the event in question: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, shall SIF such have been amended, suspended, abrogated, repealed or waived so as failed to affect materially and adversely the ability of the Borrower to perform comply with any of its obligations under the Subsidiary Agreement or under any of the contractual arrangements referred to in paragraph (f)(iv) of this Section or in paragraph (e) of Section 6.01 of this Loan Agreement; or. (b) Any Cooperation Agreement shall have been modified or terminated without the acquiescence of the Bank, or any of the parties thereto shall have failed to comply with their respective obligations thereunder. (c) (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant any grant or loan made to the Borrower for the financing of the Project Project, including the BCIE Loan or the KfW Loan or the right of SIF to have access to such proceeds shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement.BCIE Agreement or the KfW Agreement or any other agreement providing a grant or loan for the Project, as the case may be; or (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available any such loan shall have become due and payable prior to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.agreed maturity thereof; and

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between a situation shall have arisen which shall make it improbable that the Central Government and Program or a significant part thereof will be carried out; (b) the Regions, or Decree MOF-No. 35/KMK.072/2002, Fund Constitution shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower Recipient to perform any of its obligations arising under this Agreement; or; (i) Subject subject to sub-paragraph subparagraph (ii) of this paragraph, paragraph (A) the right of the Borrower Recipient to withdraw the proceeds of the PHRD Grant Development Credit made to the Borrower Recipient for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Development Credit Agreement., or (B) such Development Credit shall have become due and payable prior to the agreed maturity thereof, and (ii) Sub-paragraph subparagraph (i) of this paragraph shall not apply if the Borrower Recipient establishes to the satisfaction of the Bank that: that (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower Recipient to perform any of its obligations under such agreement; Development Credit Agreement, and (B) adequate funds for the Project are available to the Borrower Recipient from other sources on terms and conditions consistent with the obligations of the Borrower Recipient under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, Guangdong shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower failed to perform any of its obligations under this the Project Agreement; (b) As a result of events which have occurred after the date of the Loan Agreement, an extraordinary situation shall have arisen which shall make it improbable that Guangdong will be able to perform its obligations under the Project Agreement; orand (i) Subject to sub-paragraph (ii) of this paragraphparagraph (c), the right of the Borrower to withdraw the proceeds of the PHRD Trust Fund Grant made to the Borrower for the financing of Parts B.2, C.1, C.2, D.2 and E.4 of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD said GEF Trust Fund Grant Agreement. (ii) Sub-paragraph (i) of this paragraph (c) shall not apply if the Borrower establishes to the satisfaction of the Bank that: : (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any Any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, Project Provinces shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower failed to perform any of its obligations under this its respective Implementation Arrangement. (b) As a result of events which have occurred after the date of the Loan Agreement; or, an extraordinary situation shall have arisen which shall make it improbable that any Project Province will be able to perform its obligations under its respective Implementation Arrangement. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, (A) after approval of the EU Grant by the EU Asia and Latin America Committee the EU Grant shall have been withdrawn without becoming effective, or (B) after effectiveness, the right of the Borrower to withdraw the proceeds of the PHRD EU Grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD EU Grant Agreement.; (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such withdrawal, suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. (d) The right of the Borrower to withdraw the proceeds of the GEF Trust Fund Grant shall have been suspended, cancelled or terminated in whole or in part, pursuant to the terms of the GEF Grant Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any The Hokimiyat of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, Tashkent or Decree MOF-No. 35/KMK.072/2002, Spetstrans shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower failed to perform any of its obligations under this the Project Agreement; or. (b) As a result of events which have occurred after the date of the Loan Agreement, an extraordinary situation shall have arisen which shall make it improbable that the Hokimiyat of Tashkent or Spetstrans will be able to perform its obligations under the Project Agreement. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant Loan or any grant or loan made to the Borrower for the financing of the Project shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreementagreement providing therefor, or (B) any such loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.;

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the RegionsAdministrative Service Agreement, or Decree MOF-No. 35/KMK.072/2002any provision thereof, shall have been amended, suspended, abrogated, repealed or waived so as to affect by the Borrower or HAMAG, without the prior concurrence of the Bank, and such amendment, suspension, abrogation, repeal or waiver affects materially and adversely the ability of the Borrower or HAMAG to perform any of its respective obligations under this Agreement. (b) The Dutch Grant Agreement shall have failed to become effective by April 30, 2006, or such later date as the Bank may agree; orprovided, however, that the provisions of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement; and (i) Subject to sub-paragraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Dutch Grant made to the Borrower for the financing of the Project Agreement shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Dutch Grant Agreement. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.. ARTICLE VI

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (k) of the General Conditions, the following additional events are specified: (a) any The exchange of Law No. 32 letters related to the Swiss Grant and referred to in Whereas Clause (E) of 2004 Regarding Regional Governancethis Agreement shall not have occurred by June 30, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions1996, or Decree MOF-No. 35/KMK.072/2002such later date as the Bank may agree upon; provided however, that the provisions of this paragraph shall have been amended, suspended, abrogated, repealed or waived so as not apply if the Recipient establishes to affect materially and adversely the ability satisfaction of the Borrower Bank that adequate funds for the Project are available to perform any the Recipient from other sources on terms and conditions consistent with the obligations of its obligations the Recipient under this Agreement; or. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, : (A) the right of the Borrower Recipient to withdraw the proceeds of the PHRD Grant made to the Borrower for the financing of the Project EMP Loan shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant EMP Loan Agreement, or (B) the EMP Loan shall have become due and payable prior to the agreed maturity thereof. (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower Recipient establishes to the satisfaction of the Bank that: (A) such suspension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower Recipient to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower Recipient from other sources on terms and conditions consistent with the obligations of the Borrower Recipient under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (l) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between A situation has arisen which shall make it improbable that the Central Government and the RegionsProgram, or Decree MOF-No. 35/KMK.072/2002a significant part thereof, will be carried out. (b) The Cofinancing Agreements shall have been amendedfailed to become effective by August 31, suspended1992, abrogatedor such later date as the Bank may agree; provided, repealed or waived so as however, that the provisions of this paragraph shall not apply if the Borrower establishes to affect materially the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and adversely conditions consistent with the ability obligations of the Borrower to perform any of its obligations under this Agreement; or. (i) Subject to sub-paragraph (ii) of this paragraph, : (A) the right of the Borrower to withdraw the proceeds of the PHRD Grant any loan or grant made to the Borrower for the financing of the Project shall have been suspended, canceled cancelled or terminated in whole or in part, pursuant to the terms of thereof, or (B) any such loan shall have become due and payable prior to the PHRD Grant Agreementagreed maturity thereof. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspensionsus- pension, cancellation cancellation, termination or termination prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. Pursuant to Section 7.01 (h) of the General Conditions, the following additional event is specified, namely that the event specified in paragraph (c) (i) (B) of Section 5.01 of this Agreement shall occur, subject to the proviso of paragraph (c) (ii) of that Section.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the RegionsAdministrative Service Agreement, or Decree MOF-No. 35/KMK.072/2002any provision thereof, shall have been amended, suspended, abrogated, repealed or waived so as to affect by the Borrower or HAMAG, without the prior concurrence of the Bank, and such amendment, suspension, abrogation, repeal or waiver affects materially and adversely the ability of the Borrower or HAMAG to perform any of its respective obligations under this Agreement. (b) The Dutch Grant Agreement shall have failed to become effective by April 30, 2006, or such later date as the Bank may agree; orprovided, however, that the provisions of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement; and (i) Subject to sub-paragraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD Dutch Grant made to the Borrower for the financing of the Project Agreement shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Dutch Grant Agreement. (ii) Sub-paragraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.

Remedies of the Bank. Section 5.01. Pursuant to Section 6.02(p6.02 (p) of the General Conditions, the following additional events are specified: (a) any of Law No. 32 of 2004 Regarding Regional Governance, Law No. 33 of 2004 Regarding Fiscal Balance between the Central Government and the Regions, or Decree MOF-No. 35/KMK.072/2002, CONAFOR shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Borrower failed to perform any of its obligations under this the Project Agreement or the XXXXXXX Contract or NAFIN shall have failed to perform any of its obligations under the XXXXXXX Contract. (b) As a result of events which have occurred after the date of the Loan Agreement; or, an extraordinary situation shall have arisen which shall make it improbable that CONAFOR will be able to perform any of its obligations under the Project Agreement. (i) Subject to sub-paragraph subparagraph (ii) of this paragraph, the right of the Borrower to withdraw the proceeds of the PHRD GEF Trust Fund Grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the PHRD Grant Agreement.agreement providing therefor, or (ii) Sub-paragraph Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Bank that: (A) such suspension, cancellation or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement.