Common use of Suspension; Cancellation Clause in Contracts

Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association may, by notice to the Recipient, suspend in whole or in part (i) the right of the Recipient to make withdrawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17, 1994 ("the Preparatory Grant Agreement"), or both: (i) the Recipient shall have failed to perform any of its obligations under this Agreement or under the Preparatory Grant Agreement; (ii) any representation made, or statement furnished, by the Recipient in connection with this Agreement and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association because of a failure by the Recipient to perform any of its obligations under such agreement; (iv) the right of the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Program shall have been suspended, canceled or terminated; (v) 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 Debt Reduction Program can be carried out in whole or in part or that the Recipient will be able to perform its obligations under this Agreement or any agreement related to the Debt Reduction Program; or (vi) the Recipient shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) The right of the Recipient to make withdrawals from the Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association shall have notified the Recipient that the right to make withdrawals has been restored. Section 4.02. If: (a) at any time, the Association determines, after consultation with the Recipient, that an amount of the Grant will not be required to finance the Debt Reduction Program pursuant to the terms of this Agreement;

Appears in 1 contract

Samples: Grant Agreement

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Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association may, by notice to the Recipient, suspend in whole or in part (i) the right of the Recipient to make withdrawals with-drawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 024605 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17July 1, 1994 ("the Preparatory Grant Agreement")1993, or both: (i) the Recipient shall have failed to perform any of its obligations under this Agreement or under the Preparatory Grant AgreementAgreement referred to above in this paragraph (a); (ii) any representation made, or statement furnished, by the Recipient in connection with this Agreement and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association because of a failure by the Recipient to perform any of its obligations under such agreement; (iv) the right of the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Program shall have been suspended, canceled or terminated; (v) 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 Debt Reduction Program can be carried out in whole or in part or that the Recipient will be able to perform its obligations under this Agreement or any agreement related to the Debt Reduction ProgramPurchase Agreement; or (viv) the Recipient shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) The right of the Recipient to make withdrawals from either of the Grant Account or the right Accounts referred to in paragraph (a) of the Recipient to make withdrawals from the Preparatory Grant Accountthis Section, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association shall have notified the Recipient that the right to make withdrawals has been restored. Section 4.02. If: (a) at any time, the Association determines, after consultation with the Recipient, that an amount of the Grant will not be required to finance the Debt Reduction Program pursuant to the terms of this Agreement;

Appears in 1 contract

Samples: Grant Agreement

Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association Grantor may, by notice to Niger and the RecipientGuarantor, suspend in whole or in part (i) the right of the Recipient Guarantor to make withdrawals with-drawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17, 1994 ("the Preparatory Grant Agreement"), or both: (i) Niger or the Recipient Guarantor shall have failed to perform any of its their respective obligations under this Agreement or under the Preparatory Grant Agreement; (ii) any representation made, or statement furnished, by Niger or the Recipient Guarantor in connection with this Agreement and intended to be relied upon by the Association Grantor in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Recipient Niger to make withdrawals under any agreement between the Recipient and with the Association because of a failure by the Recipient Niger to perform any of its obligations under such agreement; (iv) the right of Niger or the Recipient Guarantor to withdraw proceeds of any financing (other than that provided hereunder) provided for to secure the Debt Reduction Program Guaranties shall have been suspended, canceled cancelled or terminatedterminated pursuant to the terms of the agreement providing therefor; (v) 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 Debt Reduction Program Plan can be carried out in whole or in part or that the Recipient Guarantor or Niger will be able to perform its their respective obligations under this Agreement or any agreement related to the Debt Reduction ProgramDocument; or (vi) the Recipient Niger shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) The right of the Recipient Guarantor to make withdrawals from the Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association Grantor shall have notified the Recipient Guarantor that the right to make withdrawals has been restored. Section 4.026.02. If: : (a) at any time, the Association Grantor determines, after consultation with Niger and the RecipientGuarantor, that an amount of the Grant will not be required to finance the Debt Reduction Program for Collateral pursuant to the terms of this Agreement;Agreement (including Section 3.02), (b) after the Closing Date, an amount of the Grant shall remain unwithdrawn from the Grant Account, or (c) the right of the Guarantor to make withdrawals in respect of any amount from the Grant Account shall have been suspended for a continuous period of thirty days, the Grantor may, by notice to Niger and the Guarantor, terminate the right of the Guarantor to make withdrawals with respect to such amount, whereupon such amount of the Grant shall be cancelled. Section 6.03. Notwithstanding any suspension or cancellation under this Article, all the provisions of this Agreement shall continue in full force and effect, except as specifically provided in this Article.

Appears in 1 contract

Samples: Grant Agreement

Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association may, by notice to the Republic and the Recipient, suspend in whole or in part (i) the right of the Recipient to make withdrawals with-drawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17, 1994 ("the Preparatory Grant Agreement"), or both: (i) the Republic or the Recipient shall have failed to perform any of its their respective obligations under this Agreement or under the Preparatory Grant Agreement; (ii) any representation made, or statement furnished, by the Republic or the Recipient in connection with this Agreement and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Republic or the Recipient to make withdrawals under any other agreement between the Recipient Republic or the Recipient, respectively, and the Association because of a failure by the Republic or the Recipient to perform any of its obligations under such agreement; (iv) the right of the Republic or the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the 1992 Debt Reduction Program shall have been suspended, canceled cancelled or terminated; (v) 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 1992 Debt Reduction Program can be carried out in whole or in part or that the Republic or the Recipient will be able to perform its their respective obligations under this Agreement or any agreement related pertaining to the 1992 Debt Reduction Program; or (vi) the Recipient Republic shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Republic or the Recipient shall have failed, after the Closing Date, to perform any of its their respective obligations under this Agreement, the Association may, by notice to the Republic and the Recipient, suspend in whole or in part the right of the Republic and the Recipient to make withdrawals under any other agreement between the Republic or the Recipient and the Association. (c) The right of the Recipient to make withdrawals from the Grant Account or the right of the Recipient Republic to make withdrawals from the Preparatory Grant Account, or from any credit account opened established under any of the development credit agreements agreement between the Recipient Republic and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association shall have notified the Recipient Republic or the Recipient, as the case may be, that the right to make withdrawals has been restored. Section 4.02. If: (a) at any time, the Association determines, after consultation with the Republic and the Recipient, that an amount of the Grant will not be required to finance the 1992 Debt Reduction Program pursuant to the terms of this Agreement;

Appears in 1 contract

Samples: Grant Agreement

Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association may, by notice to the Recipient, suspend in whole or in part (i) the right of the Recipient to make withdrawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 025420 (Preparation of Commercial Debt Reduction ProgramProject-Legal and Financial Component) entered into between the Recipient and the Association dated August 1714, 1994 1991, as amended, ("the Preparatory Grant Agreement"), Account) or both: (i) the Recipient shall have failed to perform any of its obligations under this Agreement or under the Preparatory Grant Agreement; (ii) any representation made, or statement furnished, by the Recipient in connection with this Agreement and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association because of a failure by the Recipient to perform any of its obligations under such agreement; (iv) the right of the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Program shall have been suspended, canceled or terminated; (v) 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 Debt Reduction Program can be carried out in whole or in part or that the Recipient will be able to perform its obligations under this Agreement or any agreement related to the Debt Reduction Program; or (vi) the Recipient shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) The right of the Recipient to make withdrawals from the Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association shall have notified the Recipient that the right to make withdrawals has been restored. Section 4.02. If: (a) at any time, the Association determines, after consultation with the Recipient, that an amount of the Grant will not be required to finance the Debt Reduction Program pursuant to the terms of this Agreement;

Appears in 1 contract

Samples: Grant Agreement

Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association may, by notice to the RecipientCôte d’Ivoire, suspend in whole or in part (i) the right of the Recipient Côte d’Ivoire to make withdrawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17, 1994 ("the Preparatory Grant Agreement"), or both: (i) the Recipient Côte d’Ivoire shall have failed to perform any of its respective obligations under this Agreement or under the Preparatory Grant Credit Agreement; (ii) any representation made, or statement furnished, by the Recipient Côte d’Ivoire in connection with this Agreement or the Credit Agreement and the Debt Reduction Agreements and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association or the International Bank for Reconstruction and Development (the Bank) shall have suspended in whole or in part the right of the Recipient Côte d’ Ivoire to make withdrawals under any development credit agreement between the Recipient and with the Association or any loan agreement with the Bank because of a failure by Côte d’Ivoire to perform any of its obligations under such agreement; or the Recipient Bank shall have suspended in whole or in part the right of any borrower to make withdrawals under a loan agreement with the Bank guaranteed by Côte d’Ivoire because of a failure by such borrower to perform any of its obligations under such agreement; (iv) the right of the Recipient Côte d’Ivoire to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Restructuring Program shall have been suspended, canceled or terminated; (v) 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 Debt Reduction Restructuring Program can be carried out in whole or in part or that the Recipient Côte d’Ivoire will be able to perform its obligations under this Agreement, the Credit Agreement or any agreement related to the Debt Reduction ProgramAgreements; or (vi) the Recipient Côte d’Ivoire shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient Côte d’Ivoire shall have failed, after the Grant Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the RecipientCôte d’Ivoire, suspend in whole or in part the right of the Recipient Côte d’Ivoire to make withdrawals under any agreement between the Recipient Côte d’Ivoire and the Association. (c) The right of the Recipient Côte d’Ivoire to make withdrawals from the Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements agreement between the Recipient Côte d’Ivoire and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association shall have notified the Recipient Côte d’Ivoire that the its right to make withdrawals has been restored. Section 4.02. If: (a) at any time, the Association determines, after consultation with the RecipientCôte d’Ivoire, that an amount of the Grant will not be required to finance the Debt Reduction Restructuring Program pursuant to the terms of this Agreement;

Appears in 1 contract

Samples: Grant Agreement

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Suspension; Cancellation. (a) If any of the following events shall have occurred and be continuing, the Association may, by notice to the Recipient, suspend in whole or in part (i) the right of the Recipient to make withdrawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory Grant Account") opened pursuant to the Grant Agreement Number TF 27395 025975 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17February 13, 1994 1996 ("the Preparatory Grant Agreement"), or both: (i) the Recipient shall have failed to perform any of its obligations under this Agreement or under the Preparatory Grant Agreement; (ii) any representation made, or statement furnished, by the Recipient in connection with this Agreement and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association because of a failure by the Recipient to perform any of its obligations under such agreement; (iv) the right of the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Program shall have been suspended, canceled or terminated; (v) 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 Debt Reduction Program can be carried out in whole or in part or that the Recipient will be able to perform its obligations under this Agreement or any agreement related to the Debt Reduction Program; or (vi) the Recipient shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) The right of the Recipient to make withdrawals from the Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended until the event or events which gave rise to suspension shall have ceased to exist, unless the Association shall have notified the Recipient that the right to make withdrawals has been restored. Section 4.02. If: (a) at any time, the Association determines, after consultation with the Recipient, that an amount of the Grant will not be required to finance the Debt Reduction Program pursuant to the terms of this Agreement;

Appears in 1 contract

Samples: Grant Agreement

Suspension; Cancellation. (a) Section 3.01. If any of the following events shall have occurred at any time after the date of this Financing Agreement and be continuing, the Association may, ADB may by notice to the RecipientGovernment, HPG or BMG suspend in whole or in part (i) the right of the Recipient HPG, through HFB, to make withdrawals apply for disbursements from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory GEF Grant Account") opened pursuant to the Grant Agreement Number TF 27395 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17, 1994 ("the Preparatory Grant Agreement"), or both: (ia) the Recipient The Government, HPG, or BMG shall have failed to perform any of its obligations under this Agreement or Financing Agreement; and (b) The loan provided by ADB under the Preparatory Loan Agreement shall have become liable for suspension or cancellation. The right of HPG, through HFB, to apply for disbursements from the GEF Grant Agreement; (ii) any representation made, or statement furnished, by the Recipient in connection with this Agreement and intended Account shall continue to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part part, as the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association because of a failure by the Recipient to perform any of its obligations under such agreement; (iv) the right of the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Program shall have been suspendedcase may be, canceled or terminated; (v) 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 Debt Reduction Program can be carried out in whole or in part or that the Recipient will be able to perform its obligations under this Agreement or any agreement related to the Debt Reduction Program; or (vi) the Recipient shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) The right of the Recipient to make withdrawals from the Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended until the event or events which gave rise to such suspension shall have have, in the reasonable opinion of ADB, ceased to exist, unless the Association exist or until ADB shall have notified the Recipient Government, HPG, or BMG that the right to make withdrawals has been restoredrestored in whole or in part, whichever is the earlier. Section 4.023.02. If: If (ai) the right of HPG, through HFB, to apply for disbursements from the GEF Grant Account shall have been suspended with respect to any amount of the GEF Grant for a continuous period of 30 days; or (ii) at any time, the Association time ADB determines, after consultation with the RecipientHPG and BMG, that an any amount of the GEF Grant will not be required for the purposes of the Project, ADB may by notice to finance Heibei Finance Department and BMG terminate the Debt Reduction Program pursuant right of HPG, through HFB, to apply for disbursements with respect to such amount. Upon giving of such notice, such amount of the terms GEF Grant shall be cancelled. Section 3.03. Notwithstanding any cancellation or suspension, all the provisions of this Agreement;Financing Agreement shall continue in full force and effect except as in this Article specifically provided.

Appears in 1 contract

Samples: Financing Agreement

Suspension; Cancellation. (a) Section 3.01. If any of the following events shall have occurred at any time after the date of this Financing Agreement and be continuing, the Association may, ADB may by notice to the Recipient, Recipient suspend in whole or in part (i) the right of the Recipient to make withdrawals from the Grant Account or (ii) the right of the Recipient to make withdrawals from the Grant Account ("the Preparatory GEF Grant Account") opened pursuant to the Grant Agreement Number TF 27395 (Preparation of Commercial Debt Reduction Program) entered into between the Recipient and the Association dated August 17, 1994 ("the Preparatory Grant Agreement"), or both: (ia) the Recipient shall have failed to perform any of its obligations under this Agreement or under the Preparatory Grant Financing Agreement; (ii) any representation made, or statement furnished, by the Recipient in connection with this Agreement and intended to be relied upon by the Association in making the Grant shall have been incorrect in any material respect; (iii) the Association shall have suspended in whole or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association because of a failure by the Recipient to perform any of its obligations under such agreement; (iv) the right of the Recipient to withdraw proceeds of any financing (other than that provided hereunder) provided for the Debt Reduction Program shall have been suspended, canceled or terminated; (v) 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 Debt Reduction Program can be carried out in whole or in part or that the Recipient will be able to perform its obligations under this Agreement or any agreement related to the Debt Reduction Program; or (vi) the Recipient shall have been suspended from membership in or ceased to be a member of the Association, or ceased to be a member of the International Monetary Fund. (b) If the Recipient Loan shall have failed, after the Closing Date, to perform any of its obligations under this Agreement, the Association may, by notice to the Recipient, suspend in whole been suspended or in part the right of the Recipient to make withdrawals under any agreement between the Recipient and the Association. (c) cancelled. The right of the Recipient to make withdrawals from the GEF Grant Account or the right of the Recipient to make withdrawals from the Preparatory Grant Account, or from any credit account opened under any of the development credit agreements between the Recipient and the Association, shall continue to be suspended in whole or in part, as the case may be, until the event or events which gave rise to such suspension shall have have, in the reasonable opinion of ADB, ceased to exist, unless the Association exist or until ADB shall have notified the Recipient that the right to make withdrawals has been restoredrestored in whole or in part, whichever is the earlier. Section 4.023.02. If: If (ai) the right of the Recipient to make withdrawals from the GEF Grant Account shall have been suspended with respect to any amount of the GEF Grant for a continuous period of 30 days; (ii) at any time, the Association time ADB determines, after consultation with the Recipient, that an any amount of the GEF Grant will not be required for the purposes of the Project, (iii) by the GEF Grant Closing Date an amount of the GEF Grant shall remain unwithdrawn from the GEF Grant Account; (iv) at any time ADB determines, with respect to finance any contract to be financed in full or in part out of the Debt Reduction Program pursuant GEF Grant proceeds, that corrupt or fraudulent practices, as determined by ADB, were engaged in by representatives of the Recipient or any beneficiary of the GEF Grant during the procurement of Goods, Works or services, consultants’ selection or the execution of a contract, without the Recipient having taken timely and appropriate action satisfactory to ADB to remedy the situation; (v) at any time ADB determines that the procurement of any Goods, Works or services to be financed out of the GEF Grant proceeds is inconsistent with the procedure set out in this Financing Agreement, ADB may by notice to the terms Recipient terminate the right of the Recipient to make withdrawals with respect to such amount. Upon giving of such notice, such amount of the GEF Grant shall be cancelled. Section 3.03. Notwithstanding any cancellation or suspension, all the provisions of this Agreement;Financing Agreement shall continue in full force and effect except as specifically provided in this Article.

Appears in 1 contract

Samples: Financing Agreement

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