Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days written notice. (b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination has occurred, which circumstances include, but are not limited, to the following: (i) the Government fails to comply with its obligations under this Compact, the PIA, or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program; (ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact; (iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect; (iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States; (v) an act has been committed or an omission or an event has occurred that would render the Philippines ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law; (vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report; (vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines for assistance under the MCA Act; or (viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking. (c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination. (d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment. (e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 3 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days 30 days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days 30 days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Nepal ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Nepal for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 3 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Indonesia ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Indonesia for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective Objectives or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Benin ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Benin for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified in writing to the Government) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Georgia ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Georgia for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days days’ written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Program Implementation Agreement or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates or would violate applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Burkina Faso ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Burkina Faso for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC Funding may permit MCC Funding to be used, in compliance with this Compact and the PIAProgram Implementation Agreement, to pay for (i) reasonable expenditures for goods, works, works or services that are properly incurred under or in furtherance of the Program before expiration, suspension, suspension or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) 120 days after the expiration, suspension, suspension or termination of this Compact, so long as, with respect to (i) and (ii) herein, as the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, suspension or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, suspension or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with to the Compact and the PIA Government will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended under Section 2.4 before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Jordan ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Jordan for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, but are not limited, to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Moldova ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines Moldova is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Moldova for assistance under the MCA Act; or
(viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Morocco ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of Morocco for assistance under the MCA Act;
(vii) Morocco is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines for assistance under the MCA Act; orand
(viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Liberia ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Liberia for assistance under the MCA Act; or;
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 2 contracts
Samples: Millennium Challenge Compact, Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified in writing to the Government) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines El Salvador ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines El Salvador for assistance under the MCA Act; or
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made in this Compact, the PIA, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been incorrect or misleading as of the date when made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program Project Objective or any of the Project Objectives will shall not be achieved during the Compact Term or that the Government will shall not be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Mongolia ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Mongolia for assistance under the MCA Act; orand
(viii) the Government or another a person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole by giving the other Party thirty (30) days days’ written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days days’ written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates or would violate applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Senegal ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Senegal for assistance under the MCA Act; or
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) reasonable expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact MCC Funding without cause in part by giving the Government Mozambique thirty (30) days days’ prior written notice.
(b) The United States may, immediately, upon written notice to Mozambique, suspend or terminate this Compact and MCC may, immediately, upon written notice to the GovernmentMozambique, suspend or terminate this Compact or MCC Funding, in each case, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to Mozambique in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government Mozambique fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government it in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance made or deemed made by Mozambique in this Compact, the Program Implementation Agreement, any other Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been incorrect or misleading in any material respect as of the date when made or deemed made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will is not going to be achieved during the Compact Term or that the Government will Mozambique is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government Mozambique or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Mozambique ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;; and
(vii) the Government Mozambique has engaged in a pattern of actions inconsistent with the criteria used to determine the its eligibility of the Philippines for assistance under the MCA Act; or
(viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Subject to Section 5.2, either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days days’ written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether such circumstance is notified in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Program Implementation Agreement or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable improbable that the Program Objective or any of the Project Objectives will not be achieved during the term of this Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates would violate applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Lesotho ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Lesotho for assistance under the MCA ActMillennium Challenge Act of 2003, as amended; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit that MCC Funding to may be used, in compliance with this Compact and the PIAProgram Implementation Agreement, to pay for (i) reasonable expenditures for goods, works, or works and services that are properly incurred under or in furtherance of the Program this Compact before expiration, suspension, suspension or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) 120 days after the expiration, suspension, suspension or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to clause (c) of this Section 5.1(c)5.1, upon the expiration, suspension, suspension or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with to the Compact and the PIA Government will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended under Section 2.3 before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension.
(a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Niger ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Niger for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Project Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Zambia ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of Zambia for assistance under the MCA Act;
(vii) Zambia is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines for assistance under the MCA Act; orand
(viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact without cause MCC Funding in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made or deemed made in this Compact, the PIA, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been incorrect or misleading as of the date when made or deemed made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will is not going to be achieved during the Compact Term Term, or that the Government will is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Lesotho ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Lesotho for assistance under the MCA Act; or;
(viii) Lesotho is classified as a Tier 3 country in the Government or another United States Department of State’s annual Trafficking in Persons Report; and
(ix) a person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days 30 days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days 30 days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, but are not limited, limited to the following:
(i) the Government fails to comply with its obligations or commitments under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made in this Compact, the PIA, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been willfully false or misleading as of the date when made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program any Project Objective or any of the Project Objectives will is not going to be achieved during the Compact Term or that the Government will is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Burkina Faso ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Burkina Faso for assistance under the MCA Act; orand
(viii) Burkina Faso is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report; and
(ix) the Government or another a person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days days’ written notice.
(b) MCC may, immediately, upon written notice to the GovernmentNamibia, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC MCC, in writing to the Government its reasonable discretion, as a basis for suspension or termination has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government Namibia fails to comply with its obligations under this Compact, the PIA, PIA or any other agreement or arrangement entered into by the Government Namibia in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government Namibia will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates or would violate applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government Namibia or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Namibia ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government Namibia has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Namibia for assistance under the MCA ActAct ; orand
(viiivii) the Government Namibia or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC Funding may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) reasonable expenditures for goods, works, works or services that are properly incurred under or in furtherance of the Program before expiration, suspension, suspension or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) 120 days after the expiration, suspension, suspension or termination of this Compact, so long as, with respect to (i) and (ii) herein, as the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, suspension or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, suspension or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA to Namibia will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government Namibia receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government Namibia or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days 30 days’ prior written notice. MCC may also terminate this Compact MCC Funding without cause in part by giving the Government thirty (30) days 30 days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made or deemed made in this Compact, the PIA, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been incorrect or misleading as of the date when made or deemed made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program any Project Objective or any of the Project Objectives will is not going to be achieved during the Compact Term or that the Government will is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Timor-Leste ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Timor-Leste for assistance under the MCA Act; or;
(viii) Timor-Leste is classified as a Tier 3 country in the Government or another United States Department of State’s annual Trafficking in Persons Report; and
(ix) a person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made or deemed made in this Compact, the Program Implementation Agreement, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been incorrect or misleading as of the date when made or deemed made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program any Project Objective or any of the Project Objectives will is not going to be achieved during the Compact Term or that the Government will is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Kosovo ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Kosovo for assistance under the MCA Act; orand
(viii) the Government or another a person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Côte d’Ivoire ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of Côte d’Ivoire for assistance under the MCA Act;
(vii) Côte d’Ivoire is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines for assistance under the MCA Act; orand
(viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective Objectives or any of the Project Objectives will shall not be achieved during the Compact Term or that the Government will shall not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Cape Verde ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Cape Verde for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days 30 days’ prior written notice. MCC may also terminate this Compact without cause MCC Funding in part by giving the Government thirty (30) days 30 days’ prior written notice.
(b) MCC The United States may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made or deemed made in this Compact, the Program Implementation Agreement, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been incorrect or misleading as of the date when made or deemed made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program any Project Objective or any of the Project Objectives will is not going to be achieved during the Compact Term or that the Government will is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Malawi ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;; and
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Malawi for assistance under the MCA Act; or
(viii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days 30 days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days 30 days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, but are not limited, limited to the following:
(i) the Government fails to comply with its obligations or commitments under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) any statement, affirmation or assurance of the Government made in this Compact, the PIA, any Supplemental Agreement, or in any certificate or other document delivered in connection with this Compact proves to have been willfully false or misleading as of the date when made;
(iii) an event or series of events has occurred that MCC determines makes it probable that the Program any Project Objective or any of the Project Objectives will is not going to be achieved during the Compact Term or that the Government will is not going to be able to perform its obligations under this Compact;
(iiiiv) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(ivv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(vvi) an act has been committed or an omission or an event has occurred that would render the Philippines Senegal ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Senegal for assistance under the MCA Act; orand
(viii) Senegal is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report; and
(ix) the Government or another a person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days days’ written notice.
(b) MCC may, immediately, immediately upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC website at xxx.xxx.xxx/xxxxxxxxxxxxxx) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, PIA or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable improbable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates would violate applicable law or United States Government government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Mozambique ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Mozambique for assistance under the MCA ActMillennium Challenge Act of 2003; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC Funding may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) reasonable expenditures for goods, works, works or services that are properly incurred under or in furtherance of the Program this Compact before expiration, suspension, suspension or termination of this Compact, ; and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) 120 days after the expiration, suspension, suspension or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to subsection (c) of this Section 5.1(c)5.1, upon the expiration, suspension, suspension or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with to the Compact and the PIA Government will be automatically released from any obligation in connection with this Compact, Compact and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days written notice. MCC may also terminate this Compact without cause in part by giving the Government thirty (30) days days’ written notice.
(b) MCC may, immediately, immediately upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government as a basis for suspension or termination (whether in writing to the Government or by posting on the MCC Website) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, PIA or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable improbable that the Program Objective or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates or would violate applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired financed in whole or in part with MCC Funding is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Morocco ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended 1961 (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Morocco for assistance under the MCA ActMillennium Challenge Act of 2003; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired financed in whole or in part with MCC Funding is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC Funding may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) reasonable expenditures for goods, works, works or services that are properly incurred under or in furtherance of the Program before expiration, suspension, suspension or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) 120 days after the expiration, suspension, suspension or termination of this Compact, so as long as, with respect to (i) and (ii) herein, as the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, suspension or termination.
(d) Subject to subsection (c) of this Section 5.1(c)5.1, upon the expiration, suspension, suspension or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended committed under Section 2.3 before the expiration, suspension or termination of this Compact, plus accrued interest thereon thereon, will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact
Termination; Suspension. (a) Either Party may terminate this Compact without cause in whole its entirety by giving the other Party thirty (30) days days’ prior written notice. MCC may also terminate this Compact or MCC Funding without cause in part by giving the Government thirty (30) days days’ prior written notice.
(b) MCC may, immediately, upon written notice to the Government, suspend or terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, if MCC determines that any circumstance identified by MCC in writing to the Government MCC, as a basis for suspension or termination (as notified to the Government in writing) has occurred, which circumstances include, include but are not limited, limited to the following:
(i) the Government fails to comply with its obligations under this Compact, the PIA, Compact or any other agreement or arrangement entered into by the Government in connection with this Compact or the Program;
(ii) an event or series of events has occurred that MCC determines makes it probable that the Program Objective Objectives or any of the Project Objectives will not be achieved during the Compact Term or that the Government will not be able to perform its obligations under this Compact;
(iii) a use of MCC Funding or continued implementation of this Compact or the Program violates applicable law or United States Government policy, whether now or hereafter in effect;
(iv) the Government or any other person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is engaged in activities that are contrary to the national security interests of the United States;
(v) an act has been committed or an omission or an event has occurred that would render the Philippines Ghana ineligible to receive United States economic assistance under Part I of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the application of any provision of the Foreign Assistance Act of 1961 such act or any other provision of law;
(vi) the Philippines is classified as a Tier 3 country in the United States Department of State’s annual Trafficking in Persons Report;
(vii) the Government has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the Philippines Ghana for assistance under the MCA Act; orand
(viiivii) the Government or another person or entity receiving MCC Funding or using assets acquired in whole or in part with MCC Funding Program Assets is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking.
(c) All Disbursements will cease upon expiration, suspension, or termination of this Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are properly incurred under or in furtherance of the Program before expiration, suspension, or termination of this Compact, and (ii) reasonable expenditures (including administrative expenses) properly incurred in connection with the winding up of the Program within one hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within ninety (90) days after such expiration, suspension, or termination.
(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the Compact and the PIA will be automatically released from any obligation in connection with this Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC but not expended before the expiration, suspension or termination of this Compact, plus accrued interest thereon will be returned to MCC within thirty (30) days after the Government receives MCC’s request for such return; provided, however, that if this Compact is suspended or terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for payment.
(e) MCC may reinstate any suspended or terminated MCC Funding under this Compact if MCC determines that the Government or other relevant person or entity has committed to correct each condition for which MCC Funding was suspended or terminated.
Appears in 1 contract
Samples: Millennium Challenge Compact