Common use of Representation and statements Clause in Contracts

Representation and statements. 13.1 Representation of the Borrower. The Minister of Finance and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the execution of this Loan Agreement. The Minister of Construction, Transport and Infrastructure and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the implementation of the Programme and this Loan Agreement. The power of representation will not expire until its express revocation by the representative of the Borrower authorised at such time has been received by KfW. 13.2 Addresses: Declarations or notifications in connection with this Loan Agreement must be in writing. They must be sent as originals or – with the exception of requests for disbursement - via facsimile. Any and all declarations or notifications made in connection with this Loan Agreement must be sent to the following addresses: For KfW: KfW 60046 Frankfurt am Main Germany Fax: +00 00 0000-0000 For the Borrower: Ministry of Finance Kneza Milosa 20,11000 Beograd Republic of Serbia Fax: +000-00-0000-000 Ministry of Construction, Transport and Infrastructure Nemanjina 22-26, 11 000 Belgrad Republic of Serbia Fax: +000 00 00 00 000 14.1 Publication of Programme-related information by KfW. To comply with internationally accepted principles of utmost transparency and efficiency in the development cooperation, KfW publishes selected information (including evaluation reports) about the Programme and how it is financed during pre-contractual negotiations, while the Programme-related agreement(s) is (are) being implemented and in the post-contractual stage (hereinafter referred to as the "Entire Period"). The information is published regularly on the website of KfW Development Bank (xxxx://xxxxxxxxxxx.xxx-xxxxxxxxxxxxxxxx.xx/xx). The publication of information (either by KfW or third parties in accordance with Article 14.3 below) about the Programme and how it is financed does not include any contractual documentation or any sensitive financial or business-related detailed information about the parties involved in the Programme or its financing, such as a) information about internal financial data; b) business strategies; c) internal corporate guidelines and reports; d) personal data of natural persons; e) KfW's internal rating of the parties’ financial position. 14.2 Transfer of Programme-related information to third parties. KfW shares selected information about the Programme and how it is financed during the Entire Period with the entities mentioned below, particularly to ensure transparency and efficiency: a) subsidiaries of KfW; b) the Federal Republic of Germany and its competent bodies, authorities, institutions, agencies or entities; c) other implementing organisations involved in German bilateral development cooperation, particularly the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH; d) international organisations involved in collecting statistical data and their members, especially the Organisation for Economic Cooperation and Development (OECD) and its members. 14.3 Transfer of Programme-related information to third parties and publication by these. Furthermore, the Federal Republic of Germany has requested KfW to share selected information about the Programme and how it is financed throughout the Entire Period with the following entities, which publish the sections relevant to the purpose: a) Federal Republic of Germany for the purposes of the International Aid Transparency Initiative (xxxx://xxx.xxx.xx/xx/xxx_xxx_xxxxxx/xxxx/xxxxxxxxxxx-xxxx-xxxx-Xxxxxxxxxxx/xxxxx.xxxx); b) Germany Trade & Invest (GTAI) for the purposes of market information (xxxx://xxx.xxxx.xx/XXXX/Xxxxxxxxxx/XX/xxxxx.XXX); c) OECD for the purpose of reporting financial flows in the framework of development cooperation (xxxx://xxxxx.xxxx.xxx/); d) German Institute for Development Evaluation (DEval) for the purposes of evaluating the overall German development cooperation to ensure transparency and efficiency (xxxx://xxx.xxxxx.xxx/xx/). 14.4 Transfer of Programme-related information to other third parties (including publication by these). KfW further reserves the right to transfer (including for the purposes of publication) information about the Programme and how it is financed during the Entire Period to other third parties so as to safeguard legitimate interests. The information is not transferred by KfW to other third parties if the legitimate interests of the Borrower in the information not being transferred outweigh KfW's interests in it being transferred. The legitimate interests of the Borrower particularly include the confidentiality of the sensitive information mentioned in Article14.1, which is excluded from publication. Furthermore, KfW is entitled to transfer information to third parties if this is necessary due to statutory or regulatory requirements or to assert or defend claims or other legal rights in court or administrative proceedings.

Appears in 1 contract

Samples: Loan Agreement

Representation and statements. 13.1 Representation of the Borrower. The Minister of Finance and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the execution of this Loan Agreement. The Minister of Construction, Transport Mining and Infrastructure Energy and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the implementation of the Programme Program and this Loan Agreement. The power powers of representation will not expire until its their express revocation by the representative of the Borrower authorised at such time has been received by KfW. 13.2 Addresses: . Declarations or notifications in connection with this Loan Agreement must be in writing. They must be sent as originals or – with the exception of requests for disbursement - via facsimile. Any and all declarations or notifications made in connection with this Loan Agreement must be sent to the following addresses: For KfW: KfW 60046 Frankfurt am Main Germany Fax: +00 00 0000-0000 For the Borrower: Ministry of Finance Kneza Milosa 20,11000 Beograd 11000 Belgrade Republic of Serbia Fax: +000-00-0000-000 Ministry of Construction, Transport Mining and Infrastructure Energy Nemanjina 22-26, 11 000 Belgrad 26 11000 Belgrade Republic of Serbia Fax: +000 +381 - 00 000 00 00 00000 14.1 Publication of ProgrammeProgram-related information by KfW. To comply with internationally accepted principles of utmost transparency and efficiency in the development cooperation, KfW publishes selected information (including evaluation reports) about the Programme Program and how it is financed during pre-pre- contractual negotiations, while the ProgrammeProgram-related agreement(s) is (are) being implemented and in the post-contractual stage (hereinafter referred to as the "Entire Period"). Period").‌ The information is published regularly on the website of KfW Development Bank (xxxx://xxxxxxxxxxx.xxx-xxxxxxxxxxxxxxxx.xx/xx). The publication of information (either by KfW or third parties in accordance with Article 14.3 below) about the Programme Program and how it is financed does not include any contractual documentation or any sensitive financial or business-business- related detailed information about the parties involved in the Programme Program or its financing, such as a) information about internal financial data; b) business strategies; c) internal corporate guidelines and reports; d) personal data of natural persons; e) KfW's internal rating of the parties’ financial position. 14.2 Transfer of ProgrammeProgram-related information to third parties. KfW shares selected information about the Programme Program and how it is financed during the Entire Period with the entities mentioned below, particularly to ensure transparency and efficiency: a) subsidiaries of KfW; b) the Federal Republic of Germany and its competent bodies, authorities, institutions, agencies or entities; c) other implementing organisations involved in German bilateral development cooperation, particularly the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH; d) international organisations involved in collecting statistical data and their members, especially the Organisation for Economic Cooperation and Development (OECD) and its members, and e) the Swiss Confederation represented by its State Secretariat for Economic Affairs ("SECO"). 14.3 Transfer of ProgrammeProgram-related information to third parties and publication by these. Furthermore, the Federal Republic of Germany has requested KfW to share selected information about the Programme Program and how it is financed throughout the Entire Period with the following entities, which publish the sections relevant to the purpose: a) Federal Republic of Germany for the purposes of the International Aid Transparency Initiative (xxxx://xxx.xxx.xx/xx/xxx_xxx_xxxxxx/xxxx/xxxxxxxxxxx-xxxx-xxxx-Xxxxxxxxxxx/xxxxx.xxxxxxxx://xxx.xxx.xx/xx/xxx_xxx_xxxxxx/xxxx/xxxxxxxxxxx-xxxx-xxxx- Wirksamkeit/index.html); b) Germany Trade & Invest (GTAI) for the purposes of market information (xxxx://xxx.xxxx.xx/XXXX/Xxxxxxxxxx/XX/xxxxx.XXX); c) OECD for the purpose of reporting financial flows in the framework of development cooperation (xxxx://xxxxx.xxxx.xxx/); d) German Institute for Development Evaluation (DEval) for the purposes of evaluating the overall German development cooperation to ensure transparency and efficiency (xxxx://xxx.xxxxx.xxx/xx/); and e) the Swiss public procurement platform SIMAP. 14.4 Transfer of ProgrammeProgram-related information to other third parties (including publication by these). KfW further reserves the right to transfer (including for the purposes of publication) information about the Programme Program and how it is financed during the Entire Period to other third parties so as to safeguard legitimate interests. The information is not transferred by KfW to other third parties if the legitimate interests of the Borrower in the information not being transferred outweigh KfW's interests in it being transferred. The legitimate interests of the Borrower particularly include the confidentiality of the sensitive information mentioned in Article14.1Article 0, which is excluded from publication. Furthermore, KfW is entitled to transfer information to third parties if this is necessary due to statutory or regulatory requirements or to assert or defend claims or other legal rights in court or administrative proceedings.

Appears in 1 contract

Samples: Loan Agreement

Representation and statements. 13.1 Representation of the Borrower. The Minister of Finance and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the execution of this Loan Agreement. The Minister of Construction, Transport and Infrastructure and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the implementation of the Programme and this Loan Agreement. The power powers of representation will not expire until its their express revocation by the representative of the Borrower authorised at such time has been received by KfW. 13.2 Addresses: . Declarations or notifications in connection with this Loan Agreement must be in writing. They must be sent as originals or – with the exception of requests for disbursement - via facsimile. Any and all declarations or notifications made in connection with this Loan Agreement must be sent to the following addresses: For KfW: KfW Postfach 11 11 41 60046 Frankfurt am Main Germany Fax: +00 00 0000-0000 For the Borrower: Ministry of Finance Kneza Milosa 20,11000 Beograd Republic Xxxxxx 00,00000 Xxxxxxx Xxxxxxxx of Serbia Fax: +000-00-0000-000 Ministry of Construction, Transport and Infrastructure Nemanjina 22-26, 11 000 Belgrad Republic of Serbia Fax: +000 00 00 00 000 14.1 Publication of Programme-related information by KfW. To comply with internationally accepted principles of utmost transparency and efficiency in the development cooperation, KfW publishes selected information (including results of environmental and social categorization and assessment as well as ex post evaluation reports) about the Programme and how it is financed its financing during pre-contractual negotiations, while the Programme-related agreement(s) is (are) being implemented and in the post-contractual stage (hereinafter referred to as the "Entire Period"). The information is published regularly on the website of KfW Development Bank (xxxx://xxxxxxxxxxx.xxx-xxxxxxxxxxxxxxxx.xx/xx). The publication of information (either by KfW or third parties in accordance with Article 14.3 below(Transfer of Programme related information to third parties and publication by these) below about the Programme and how it is financed its financing does not include any contractual documentation or any sensitive financial or business-related detailed information about the parties involved in the Programme or its financing, such as a) information about internal financial data; b) business strategies; c) internal corporate guidelines and reports; d) personal data of natural persons; e) KfW's ’s internal rating of the parties’ financial position. 14.2 Transfer of Programme-related information to third parties. KfW shares selected information about the Programme and how it is financed its financing during the Entire Period with the entities mentioned below, particularly to ensure transparency and efficiency: a) subsidiaries of KfW; b) the Federal Republic of Germany and its competent bodies, authorities, institutions, agencies or entities; c) other implementing organisations involved in German bilateral development cooperation, particularly the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH; d) international organisations involved in collecting statistical data and their members, especially the Organisation for Economic Cooperation and Development (OECD) and its members. 14.3 Transfer of Programme-related information to third parties and publication by these. Furthermore, the Federal Republic of Germany has requested KfW to share selected information about the Programme and how it is financed its financing throughout the Entire Period with the following entities, which publish the sections relevant to the purpose: a) Federal Republic of Germany for the purposes of the International Aid Transparency Initiative (xxxx://xxx.xxx.xx/xx/xxx_xxx_xxxxxx/xxxx/xxxxxxxxxxx-xxxx-xxxx-Xxxxxxxxxxx/xxxxx.xxxxxxxx://xxx.xxx.xx/xx/xxxxxxxxxxx/xxxxxx_xxxxxx/xxxxxxxxxxx-xxxx-xxxx-Xxxxxxxxxxx/Xxxxxxxxxxxxxxxxxxxx/xxxxx.xxxx); b) Germany Trade & Invest (GTAI) for the purposes of market information (xxxx://xxx.xxxx.xx/XXXX/Xxxxxxxxxx/XX/xxxxx.XXXxxxx://xxx.xxxx.xx/XXXX/Xxxxxxxxxx/XX/xxxxxxx.xxxx); c) OECD for the purpose of reporting financial flows in the framework of development cooperation (xxxx://xxxxx.xxxx.xxx/xxxx://xxx.xxxx.xxx/); d) German Institute for Development Evaluation (DEval) for the purposes of evaluating the overall German development cooperation to ensure transparency and efficiency (xxxx://xxx.xxxxx.xxx/xx/xxxxx://xxx.xxxxx.xxx/xx/). 14.4 Transfer of Programme-related information to other third parties (including publication by these). KfW further reserves the right to transfer (including for the purposes of publication) information about the Programme and how it is financed its financing during the Entire Period to other third parties so as to safeguard legitimate interests. The information is not transferred by KfW to other third parties if the legitimate interests of the Borrower in the information not being transferred outweigh KfW's ’s interests in it being transferred. The legitimate interests of the Borrower particularly include the confidentiality of the sensitive information mentioned in Article14.1Article 14.1 (Publication of Programme-related information by KfW), which is excluded from publication. Furthermore, KfW is entitled to transfer information to third parties if this is necessary due to statutory or regulatory requirements or to assert or defend claims or other legal rights in court or administrative proceedings.

Appears in 1 contract

Samples: Loan Agreement

Representation and statements. 13.1 12.1 Representation of the Borrower. The Minister of Finance and the Minister of Mining and Energy and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the execution of this Loan Agreement. The Minister of Construction, Transport Mining and Infrastructure Energy and such persons as designated by him or her to KfW and authorised by specimen signatures authenticated by him or her will represent the Borrower in the implementation of the Programme and this Loan AgreementProject. The power powers of representation will not expire until its their express revocation by the representative of the Borrower authorised at such time has been received by KfW. 13.2 12.2 Addresses: Declarations or notifications in connection with this Loan Agreement must be in writing. They must be sent as originals or – with the exception of requests for disbursement - via facsimile. Any and all declarations or notifications made in connection with this Loan Agreement must be sent to the following addresses: For KfW: KfW 60046 Frankfurt am Main Germany Fax: +00 00 0000-0000 For the Borrower: Ministry of Finance Kneza Milosa 20,11000 Beograd Republic of Serbia Xxxxx Xxxxxx 00,00000 Xxxxxxxx Xxxxxxxx xx Xxxxxx Fax: +000-00-0000-000 Ministry of Construction, Transport Mining and Infrastructure Energy Nemanjina 22-26, 11 000 Belgrad Belgrade Republic of Serbia Fax: +000 00 00 00 000 14.1 13.1 Publication of ProgrammeProject-related information by KfW. To comply with internationally accepted principles of utmost transparency and efficiency in the development cooperation, KfW publishes selected information (including results of environmental and social categorization and assessment as well as ex post evaluation reports) about the Programme Project and its financing how it is financed used during pre-contractual negotiations, while the ProgrammeProject-related agreement(s) is (are) being implemented and in the post-contractual stage (hereinafter referred to as the "Entire Period"). The information is published regularly on the website of KfW Development Bank (xxxx://xxxxxxxxxxx.xxx-xxxxxxxxxxxxxxxx.xx/xx). The publication of information (either by KfW or third parties in accordance with Article 14.3 13.3 (Transfer of Project related information to third parties and publication by these) below) about the Programme Project and how it is financed its financing does not include any contractual documentation or any sensitive financial or business-related detailed information about the parties involved in the Programme Project or its financing, such as a) information about internal financial data; b) business strategies; c) internal corporate guidelines and reports; d) personal data of natural persons; e) KfW's internal rating of the parties’ financial position. 14.2 Transfer of Programme-related information to third parties. KfW shares selected information about the Programme and how it is financed during the Entire Period with the entities mentioned below, particularly to ensure transparency and efficiency: a) subsidiaries of KfW; b) the Federal Republic of Germany and its competent bodies, authorities, institutions, agencies or entities; c) other implementing organisations involved in German bilateral development cooperation, particularly the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH; d) international organisations involved in collecting statistical data and their members, especially the Organisation for Economic Cooperation and Development (OECD) and its members. 14.3 Transfer of Programme-related information to third parties and publication by these. Furthermore, the Federal Republic of Germany has requested KfW to share selected information about the Programme and how it is financed throughout the Entire Period with the following entities, which publish the sections relevant to the purpose: a) Federal Republic of Germany for the purposes of the International Aid Transparency Initiative (xxxx://xxx.xxx.xx/xx/xxx_xxx_xxxxxx/xxxx/xxxxxxxxxxx-xxxx-xxxx-Xxxxxxxxxxx/xxxxx.xxxx); b) Germany Trade & Invest (GTAI) for the purposes of market information (xxxx://xxx.xxxx.xx/XXXX/Xxxxxxxxxx/XX/xxxxx.XXX); c) OECD for the purpose of reporting financial flows in the framework of development cooperation (xxxx://xxxxx.xxxx.xxx/); d) German Institute for Development Evaluation (DEval) for the purposes of evaluating the overall German development cooperation to ensure transparency and efficiency (xxxx://xxx.xxxxx.xxx/xx/). 14.4 Transfer of Programme-related information to other third parties (including publication by these). KfW further reserves the right to transfer (including for the purposes of publication) information about the Programme and how it is financed during the Entire Period to other third parties so as to safeguard legitimate interests. The information is not transferred by KfW to other third parties if the legitimate interests of the Borrower in the information not being transferred outweigh KfW's interests in it being transferred. The legitimate interests of the Borrower particularly include the confidentiality of the sensitive information mentioned in Article14.1, which is excluded from publication. Furthermore, KfW is entitled to transfer information to third parties if this is necessary due to statutory or regulatory requirements or to assert or defend claims or other legal rights in court or administrative proceedings.

Appears in 1 contract

Samples: Loan Agreement