Common use of Subsidiary Grant Agreement Clause in Contracts

Subsidiary Grant Agreement. (a) The Recipient shall ensure that the Subsidiary Grant Agreement shall maintain, at all times during Project implementation, provisions to the following effect: (i) The Recipient’s obligation to provide the proceeds of the Grant to LACE on terms and conditions satisfactory to the World Bank. (ii) LACE’s obligation to carry out Part 1 of the Project with due diligence and efficiency, in conformity with appropriate administrative, financial, technical, environmental and social practices, under the supervision of qualified and experienced management assisted by competent staff in adequate numbers, and in accordance with the provisions of this Agreement, the Operational Manual, and the MAAFP. (iii) LACE’s obligation to procure the goods, works and services required for Part 1 of the Project and to be financed out of the proceeds of the Grant, in accordance with the provisions of Section III of Schedule 2 to this Agreement, as said provisions may be further elaborated in the Procurement Plan and the LACE Operational Manual. (iv) LACE’s obligation to implement Part 1 of the Project in accordance with the provisions of the ESMF and RPF, and, except as the World Bank shall otherwise agree, LACE shall not amend or waive, or permit to be amended or waived, any provision of the ESMF or the RPF, if such amendment or waiver may, in the opinion of the World Bank, materially or adversely affect Project implementation. (v) LACE’s obligation to abide by the terms of the Anti-Corruption Guidelines and carry out the obligations set forth in Sections 4.04, 4.05, 4.06, 4.07, 4.08, 4.09; and 4.10 of the General Conditions (relating to insurance; land acquisition; use of goods, works and services; maintenance; plans and schedules; records, reports and documents; monitoring and evaluation; financial management; financial statements; audits; and cooperation and consultation, respectively) in respect of Part 1 of the Project. (vi) LACE’s obligation to: (1) maintain a separate financial management system for the implementation of Part 1 of the Project; (2) prepare financial statements in accordance with consistently applied accounting standards acceptable to the World Bank, adequate to reflect its operations and financial condition; and (3) register separately the operations, resources and expenditures related to the Project. (vii) LACE’s obligation to promptly inform the Recipient and the World Bank of any condition which interferes or threatens to interfere with the progress of the Project and the performance of its obligations under the Subsidiary Grant Agreement. (viii) LACE’s obligation to neither take nor concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement. (b) The Subsidiary Grant Agreement shall include a provision stipulating that in the case of conflict between the Subsidiary Grant Agreement and this Agreement, the provisions of this Agreement shall apply.

Appears in 1 contract

Samples: Grant Agreement

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Subsidiary Grant Agreement. (a) The Recipient shall ensure that the Subsidiary Grant Agreement shall maintain, at all times during Project implementation, provisions to the following effect: (i) The Recipient’s obligation to provide the proceeds of the Grant to LACE on terms and conditions satisfactory to the World BankAssociation. (ii) LACE’s obligation to carry out Part 1 of the Project with due diligence and efficiency, in conformity with appropriate administrative, financial, technical, environmental and social practices, under the supervision of qualified and experienced management assisted by competent staff in adequate numbers, and in accordance with the provisions of this Agreement, the Operational Operation Manual, and the MAAFP. (iii) LACE’s obligation to procure the goods, works and services required for Part 1 of the Project and to be financed out of the proceeds of the Grant, in accordance with the provisions of Section III of Schedule 2 to this Agreement, as said provisions may be further elaborated in the Procurement Plan and the LACE Operational Operation Manual. (iv) LACE’s obligation to implement Part 1 of the Project in accordance with the provisions of the ESMF and RPF, and, except as the World Bank Association shall otherwise agree, LACE shall not amend or waive, or permit to be amended or waived, any provision of the ESMF or the RPFaforementioned, if such amendment or waiver may, in the opinion of the World BankAssociation, materially or adversely affect Project implementation. (v) LACE’s obligation to abide by the terms of the Anti-Corruption Guidelines and carry out the obligations set forth in Sections 4.04, 4.05, 4.06, 4.07, 4.08, 4.09; and 4.10 of the General Conditions (relating to insurance; land acquisition; use of goods, works and services; maintenance; plans and schedules; records, reports and documents; monitoring and evaluation; financial management; financial statements; audits; and cooperation and consultation, respectively) in respect of Part 1 of the Project. (vi) LACE’s obligation to: (1) maintain a separate financial management system for the implementation of Part 1 of the Project; (2) prepare financial statements in accordance with consistently applied accounting standards acceptable to the World Bank, adequate to reflect its operations and financial condition; and (3) register separately the operations, resources and expenditures related to the Project. (vii) LACE’s obligation to promptly inform the Recipient and the World Bank of any condition which interferes or threatens to interfere with the progress of the Project and the performance of its obligations under the Subsidiary Grant Agreement. (viii) LACE’s obligation to neither take nor concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement. (b) The Subsidiary Grant Agreement shall include a provision stipulating that in the case of conflict between the Subsidiary Grant Agreement and this Agreement, the provisions of this Agreement shall apply.;

Appears in 1 contract

Samples: Financing Agreement

Subsidiary Grant Agreement. (a1) The Recipient shall ensure that the Subsidiary Grant Agreement shall maintaininclude, at all times during Project implementationwithout being limited to, provisions to the following effect: (ia) The Recipient’s obligation to Recipient shall provide the proceeds of the Grant to LACE on terms and conditions satisfactory to the World BankAssociation. (iib) LACE’s obligation to LACE shall carry out Part 1 of the Project with due diligence and efficiency, in conformity with appropriate administrative, financial, technical, environmental and social practices, under the supervision of qualified and experienced management assisted by competent staff in adequate numbers, and in accordance with the provisions of this Agreement, the Operational Manual, Operation Manual and the MAAFP. (iiic) LACE’s obligation to procure Procurement of the goods, works and services required for Part 1 of the Project and to be financed out of the proceeds of the Grant, in accordance with Grant shall be governed by the provisions of Section III of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan and the LACE Operational Operation Manual. (ivd) LACE’s obligation to implement Part 1 of LACE shall ensure that the Project is implemented in accordance with the provisions of the ESMF and RPF, and, except as the World Bank Association shall otherwise agree, LACE shall not amend or waive, or permit to be amended or waived, any provision of the ESMF or the RPFaforementioned, if such amendment or waiver may, in the opinion of the World BankAssociation, materially or adversely affect Project implementation. (ve) LACE’s obligation to abide by the terms of the Anti-Corruption Guidelines and LACE shall carry out the obligations set forth in Sections 4.048.03, 4.058.04, 4.068.05, 4.078.06, 4.08, 4.09; 8.07 and 4.10 8.08 of the General Conditions (relating to insurance; land acquisition; , use of goods, works goods and services; maintenance; , plans and schedules; records, reports records and documents; monitoring reports, maintenance and evaluation; financial management; financial statements; audits; and cooperation and consultationland acquisition, respectively) in respect of Part 1 of the Project. (vif) LACE’s obligation to: (1) LACE shall establish and maintain a separate financial management system for the implementation of Part 1 of the Project; (2) system, including records and accounts, and prepare financial statements in accordance with consistently applied accounting standards acceptable to the World BankAssociation, adequate to reflect its operations and financial condition; condition and (3) to register separately the operations, resources and expenditures related to the Project. (viig) LACE’s obligation to LACE shall promptly inform the Recipient and the World Bank Association of any condition which interferes or threatens to interfere with the progress of the Project and the performance of its obligations under the Subsidiary Grant Agreement. (viiih) LACE’s obligation to Except as the Association shall otherwise agree, LACE shall neither take nor concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement. (b2) The Subsidiary Grant Agreement shall include a provision stipulating that in the case of conflict between the Subsidiary Grant Agreement and this Agreement, the provisions of this Agreement latter shall apply.

Appears in 1 contract

Samples: Grant Agreement

Subsidiary Grant Agreement. (a) The 1. For purposes of carrying out the Project, the Recipient shall ensure that make the proceeds of the Financing available, on a grant basis, to the Project Implementing Entity under a Subsidiary Grant Agreement (as updated pursuant to the provisions of Section 5.01 of this Agreement to include the Additional Grant) to be entered into between the Recipient, through its Ministry of Finance, and the Project Implementing Entity, under terms and conditions which shall have been approved by the Association which shall include, inter alia, the terms and conditions set forth in Section I.C.2 of this Schedule 2. The terms and conditions of the Subsidiary Grant Agreement shall maintain, at all times during include the following: the Project implementation, provisions to the following effect: (i) The Recipient’s obligation to provide the proceeds of the Grant to LACE on terms and conditions satisfactory to the World Bank. (ii) LACE’s obligation Implementing Entity shall undertake to carry out Part 1 of the Project with due diligence and efficiency, in conformity with appropriate administrative, financial, technical, environmental and social practices, under the supervision of qualified and experienced management assisted by competent staff in adequate numbers, efficiency and in accordance with the Project Implementation Plan; the Project Implementing Entity shall not use the financing provided through the Subsidiary Grant Agreement for ineligible expenditures and purposes inconsistent with this Agreement and the provisions of this Agreementthe Anti-Corruption Guidelines; the Project Implementing Entity shall follow management, financial, safeguards and practices acceptable to the Association, and provide, promptly as needed, the Operational Manualfunds, facilities and other resources required for the purpose; the Project Implementing Entity undertakes to follow the safeguards provisions mentioned in Section I.F of this Schedule 2; the Project Implementing Entity shall train the accounting staff of its Management Unit in the preparation of financial reports and in the operation of its financial management system, all in a manner and substance satisfactory to the Association; the Project Implementing Entity shall adopt, put into effect, and apply throughout the MAAFP. implementation of the Project, a Project Implementation Plan, satisfactory to the Association, that includes: (i) the institutional arrangements for the implementation of the Project; (ii) the procurement manual, setting forth the procurement procedures consistent with the provisions set forth in Section III of this Schedule 2 and standard procurement documentation; (iii) LACE’s obligation to procure a financial management manual, setting forth: (A) the goodsarrangements for the flow of funds; and (B) the guidelines and procedures for financial management and control, works record keeping reporting and services required auditing requirements, all consistent with Section II.B of this Schedule 2; (iv) an operations manual, including Sub-project eligibility criteria and the procedures for Part 1 the selection and approval of the Project and Sub-projects to be financed out of the proceeds of the GrantSub-grants; procedures for screening Sub-projects for environmental, involuntary resettlement; land acquisition, and Ethnic Groups purposes, procedures for disbursement of Sub-grants; terms and conditions governing Sub-grant Agreements, including, inter alia, the terms referred to in Section I.D of this Schedule, remedies for non-compliance; reporting requirements and monitoring and evaluation of Sub-project implementation; and (v) procedures for the monitoring, evaluation and reporting of Project activities; the Project Implementing Entity shall not amend, suspend, abrogate, repeal or waive any provisions of the Project Implementation Plan without the prior agreement of the Recipient and the Association; the Project Implementing Entity shall undertake to enable the Association to inspect the Sub-projects and, the operation thereof, and any relevant records and documents; the Project Implementing Entity shall promptly inform the Recipient of any condition which obstructs or threatens to obstruct with the implementation of the Project and the achievement of the objectives thereof; the Project Implementing Entity shall undertake to: (i) maintain records and accounts adequate to reflect in accordance with the provisions of Section III of Schedule 2 to this Agreement, as said provisions may be further elaborated in the Procurement Plan and the LACE Operational Manual. (iv) LACE’s obligation to implement Part 1 of the Project in accordance with the provisions of the ESMF and RPF, and, except as the World Bank shall otherwise agree, LACE shall not amend or waive, or permit to be amended or waived, any provision of the ESMF or the RPF, if such amendment or waiver may, in the opinion of the World Bank, materially or adversely affect Project implementation. (v) LACE’s obligation to abide by the terms of the Anti-Corruption Guidelines and carry out the obligations set forth in Sections 4.04, 4.05, 4.06, 4.07, 4.08, 4.09; and 4.10 of the General Conditions (relating to insurance; land acquisition; use of goods, works and services; maintenance; plans and schedules; records, reports and documents; monitoring and evaluation; financial management; financial statements; audits; and cooperation and consultation, respectively) in respect of Part 1 of the Project. (vi) LACE’s obligation to: (1) maintain a separate financial management system for the implementation of Part 1 of the Project; (2) prepare financial statements in accordance with consistently applied sound accounting standards acceptable to the World Bank, adequate to reflect practices its operations and financial condition; and (3) register separately the operations, resources and expenditures related to the Project.; (viiii) LACE’s obligation to promptly inform retain all records (contracts, orders, invoices, bills, receipts and other documents) evidencing expenditures under the Project until at least the later of: (A) one (1) year after the Recipient and the World Bank of any condition Association have received the audited financial statements covering the period during which interferes or threatens to interfere with the progress of last withdrawal from the Project Financing Account was made; and (B) two (2) years after the Closing Date; (iii) enable the Recipient’s representatives and the performance of its obligations under the Subsidiary Grant Agreement.Association’s representatives to examine such records; (viiiiv) LACE’s obligation have its records, accounts and financial statements (cash flow statements) for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to neither take nor concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement.Association; (bv) The Subsidiary Grant Agreement shall include a provision stipulating that prepare and furnish to the Association interim unaudited financial reports, financial statements and accounts, and audits for the Project, as provided for in the case of conflict between the Subsidiary Grant Agreement and this Agreement, the provisions Section II.B of this Agreement Schedule 2; and (vi) prepare and furnish to the Recipient and the Association all such other information concerning said records, accounts and financial statements, as well as the audit thereof, as the Recipient and the Association shall applyreasonably request.

Appears in 1 contract

Samples: Financing Agreement

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Subsidiary Grant Agreement. (a) The 1. For purposes of carrying out the Project, the Recipient shall ensure that make the proceeds of the Financing available, on a grant basis, to the Project Implementing Entity under a Subsidiary Grant Agreement (as updated pursuant to the provisions of Section 5.01 of this Agreement to include the Additional Grant) to be entered into between the Recipient, through its Ministry of Finance, and the Project Implementing Entity, under terms and conditions which shall have been approved by the Association which shall include, inter alia, the terms and conditions set forth in Section I.C.2 of this Schedule 2. 2. The terms and conditions of the Subsidiary Grant Agreement shall maintain, at all times during Project implementation, provisions to include the following effectfollowing: (ia) The Recipient’s obligation to provide the proceeds of the Grant to LACE on terms and conditions satisfactory to the World Bank. (ii) LACE’s obligation Project Implementing Entity shall undertake to carry out Part 1 of the Project with due diligence and efficiency, in conformity with appropriate administrative, financial, technical, environmental and social practices, under the supervision of qualified and experienced management assisted by competent staff in adequate numbers, efficiency and in accordance with the Project Implementation Plan; (b) the Project Implementing Entity shall not use the financing provided through the Subsidiary Grant Agreement for ineligible expenditures and purposes inconsistent with this Agreement and the provisions of this Agreementthe Anti-Corruption Guidelines; (c) the Project Implementing Entity shall follow management, financial, safeguards and practices acceptable to the Association, and provide, promptly as needed, the Operational Manualfunds, facilities and other resources required for the purpose; (d) the Project Implementing Entity undertakes to follow the safeguards provisions mentioned in Section I.F of this Schedule 2; (e) the Project Implementing Entity shall train the accounting staff of its Management Unit in the preparation of financial reports and in the operation of its financial management system, all in a manner and substance satisfactory to the Association; (f) the Project Implementing Entity shall adopt, put into effect, and apply throughout the MAAFP. implementation of the Project, a Project Implementation Plan, satisfactory to the Association, that includes: (i) the institutional arrangements for the implementation of the Project; (ii) the procurement manual, setting forth the procurement procedures consistent with the provisions set forth in Section III of this Schedule 2 and standard procurement documentation; (iii) LACE’s obligation to procure a financial management manual, setting forth: (A) the goodsarrangements for the flow of funds; and (B) the guidelines and procedures for financial management and control, works record keeping reporting and services required auditing requirements, all consistent with Section II.B of this Schedule 2; (iv) an operations manual, including Sub-project eligibility criteria and the procedures for Part 1 the selection and approval of the Project and Sub-projects to be financed out of the proceeds of the GrantSub-grants; procedures for screening Sub-projects for environmental, involuntary resettlement; land acquisition, and Ethnic Groups purposes, procedures for disbursement of Sub-grants; terms and conditions governing Sub- grant Agreements, including, inter alia, the terms referred to in Section I.D of this Schedule, remedies for non-compliance; reporting requirements and monitoring and evaluation of Sub-project implementation; and (v) procedures for the monitoring, evaluation and reporting of Project activities; (g) the Project Implementing Entity shall not amend, suspend, abrogate, repeal or waive any provisions of the Project Implementation Plan without the prior agreement of the Recipient and the Association; (h) the Project Implementing Entity shall undertake to enable the Association to inspect the Sub-projects and, the operation thereof, and any relevant records and documents; (i) the Project Implementing Entity shall promptly inform the Recipient of any condition which obstructs or threatens to obstruct with the implementation of the Project and the achievement of the objectives thereof; (j) the Project Implementing Entity shall undertake to: (i) maintain records and accounts adequate to reflect in accordance with the provisions of Section III of Schedule 2 to this Agreement, as said provisions may be further elaborated in the Procurement Plan and the LACE Operational Manual. (iv) LACE’s obligation to implement Part 1 of the Project in accordance with the provisions of the ESMF and RPF, and, except as the World Bank shall otherwise agree, LACE shall not amend or waive, or permit to be amended or waived, any provision of the ESMF or the RPF, if such amendment or waiver may, in the opinion of the World Bank, materially or adversely affect Project implementation. (v) LACE’s obligation to abide by the terms of the Anti-Corruption Guidelines and carry out the obligations set forth in Sections 4.04, 4.05, 4.06, 4.07, 4.08, 4.09; and 4.10 of the General Conditions (relating to insurance; land acquisition; use of goods, works and services; maintenance; plans and schedules; records, reports and documents; monitoring and evaluation; financial management; financial statements; audits; and cooperation and consultation, respectively) in respect of Part 1 of the Project. (vi) LACE’s obligation to: (1) maintain a separate financial management system for the implementation of Part 1 of the Project; (2) prepare financial statements in accordance with consistently applied sound accounting standards acceptable to the World Bank, adequate to reflect practices its operations and financial condition; and (3) register separately the operations, resources and expenditures related to the Project.; (viiii) LACE’s obligation to promptly inform retain all records (contracts, orders, invoices, bills, receipts and other documents) evidencing expenditures under the Project until at least the later of: (A) one (1) year after the Recipient and the World Bank of any condition Association have received the audited financial statements covering the period during which interferes or threatens to interfere with the progress of last withdrawal from the Project and the performance of its obligations under the Subsidiary Grant Agreement. (viii) LACE’s obligation to neither take nor concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement. (b) The Subsidiary Grant Agreement shall include a provision stipulating that in the case of conflict between the Subsidiary Grant Agreement and this Agreement, the provisions of this Agreement shall apply.Financing Account was made; and

Appears in 1 contract

Samples: Financing Agreement

Subsidiary Grant Agreement. (a) The Recipient shall ensure that the Subsidiary Grant Agreement shall maintain, at all times during Project implementation, provisions to the following effect: (i) The Recipient’s obligation to provide the proceeds of the Grant to LACE on terms and conditions satisfactory to the World BankAssociation. (ii) LACE’s obligation to carry out Part 1 of the Project with due diligence and efficiency, in conformity with appropriate administrative, financial, technical, environmental and social practices, under the supervision of qualified and experienced management assisted by competent staff in adequate numbers, and in accordance with the provisions of this Agreement, the Operational Operation Manual, and the MAAFP. (iii) LACE’s obligation to procure the goods, works and services required for Part 1 of the Project and to be financed out of the proceeds of the Grant, in accordance with the provisions of Section III of Schedule 2 to this Agreement, as said provisions may be further elaborated in the Procurement Plan and the LACE Operational Operation Manual. (iv) LACE’s obligation to implement Part 1 of the Project in accordance with the provisions of the ESMF and RPF, and, except as the World Bank Association shall otherwise agree, LACE shall not amend or waive, or permit to be amended or waived, any provision of the ESMF or the RPFaforementioned, if such amendment or waiver may, in the opinion of the World BankAssociation, materially or adversely affect Project implementation. (v) LACE’s obligation to abide by the terms of the Anti-Corruption Guidelines and carry out the obligations set forth in Sections 4.04, 4.05, 4.06, 4.07, 4.08, 4.09; and 4.10 of the General Conditions (relating to insurance; land acquisition; use of goods, works and services; maintenance; plans and schedules; records, reports and documents; monitoring and evaluation; financial management; financial statements; audits; and cooperation and consultation, respectively) in respect of Part 1 of the Project. (vi) LACE’s obligation to: (1) maintain a separate financial management system for the implementation of Part 1 of the Project; (2) prepare financial statements in accordance with consistently applied accounting standards acceptable to the World BankAssociation, adequate to reflect its operations and financial condition; and (3) register separately the operations, resources and expenditures related to the Project. (vii) LACE’s obligation to promptly inform the Recipient and the World Bank Association of any condition which interferes or threatens to interfere with the progress of the Project and the performance of its obligations under the Subsidiary Grant Agreement. (viii) LACE’s obligation to neither take nor concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Grant Agreement. (b) The Subsidiary Grant Agreement shall include a provision stipulating that in the case of conflict between the Subsidiary Grant Agreement and this Agreement, the provisions of this Agreement latter shall apply.

Appears in 1 contract

Samples: Financing Agreement

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