Common use of ACCOUNTABLE ENTITY Clause in Contracts

ACCOUNTABLE ENTITY. The Government hereby designates the Ministry of Economy, acting through the National Competitiveness Program (Programa Nacional de Competitividad, known as “PRONACOM”) to implement the Program and to exercise and perform the Government’s right and obligation to coordinate, manage, implement and oversee the Program, including without limitation, managing the implementation of the Projects, allocating resources and managing procurements. The Ministry of Economy acting through PRONACOM will: (i) be referred to herein as the “Accountable Entity”; (ii) have the authority to bind the Government with regard to the Program (including, without limitation, the legal authority to execute contracts, cooperative agreements or other, similar arrangements); and (iii) act in accordance with MCC’s “Guidelines for Accountable Entities and Implementation Structures” provided by MCC or posted on the MCC Website (the “MCC Governance Guidelines”) (to the extent applicable to the Threshold Program and as further instructed by MCC from time to time), provided that they do not contradict the provisions of Guatemalan domestic law. The designation of the Accountable Entity contemplated by this Section 3.2(b) will not relieve the Government of any obligations or responsibilities hereunder or under any related agreement, for which the Government remains fully responsible. MCC hereby acknowledges and consents to the designation in this Section 3.2(b). With the prior written consent of MCC, the Government may designate one or more additional entities to implement the Program and to exercise and perform the Government’s right and obligation to oversee, manage and implement the Program.

ACCOUNTABLE ENTITY. The Government hereby establishes the Millennium Challenge Coordinating Unit (“MCCU”) in the Office of the President as an independent entity with legal personality pursuant to the terms and conditions of this Agreement, and hereby designates the Ministry of Economy, acting through the National Competitiveness Program (Programa Nacional de Competitividad, known as “PRONACOM”) Millennium Challenge Coordinating Unit to implement the Program and to exercise and perform the Government’s right and obligation to coordinateoversee, manage, manage and implement and oversee the Program, including without limitation, managing the implementation of the Projects, allocating resources and managing procurements. The Ministry of Economy acting through PRONACOM Such entity will: (i) be referred to herein as the “Accountable Entity”; (ii) have the authority to bind the Government with regard to the Program (including, without limitation, the legal authority to execute contracts, grants, cooperative agreements or other, similar arrangements); and (iii) act in accordance with MCC’s “Guidelines for Accountable Entities and Implementation Structures” provided by MCC or posted on the MCC Website (the “MCC Governance Guidelines”) (to the extent applicable to the Threshold Program and as may be further instructed by MCC from time to time), provided that they do not contradict the provisions of Guatemalan domestic law. The designation of the Accountable Entity contemplated by this Section 3.2(b) will not relieve the Government of any obligations or responsibilities hereunder or under any related agreement, for which the Government remains fully responsible. MCC hereby acknowledges and consents to the designation in this Section 3.2(b). With the prior written consent of MCC, the Government may designate one or more additional entities to implement the Program and to exercise and perform the Government’s right and obligation to oversee, manage and implement the Program.

ACCOUNTABLE ENTITY. The With the prior written consent of MCC, the Government hereby designates an entity to be established as a foundation in accordance with the Ministry Law on Freedom of Economy, acting through the National Competitiveness Program (Programa Nacional de Competitividad, Association in Non-Governmental Organizations to be known as “PRONACOM”) Millennium Foundation Kosovo to implement the Program and to exercise and perform the Government’s right and obligation to coordinateoversee, manage, manage and implement and oversee the Program, including without limitation, managing the implementation of the Projects, allocating resources and managing procurements. The Ministry of Economy acting through PRONACOM Such entity will: (i) be referred to herein as the “Accountable Entity”; (ii) have the authority to bind the Government with regard to the Program (including, without limitation, the legal authority to execute contracts, grants, cooperative agreements or other, similar arrangements); and (iii) act in accordance with MCC’s “Guidelines for Accountable Entities and Implementation Structures” provided by MCC or posted on the MCC Website (the “MCC Governance Guidelines”) (to the extent applicable to the Threshold Program and as may be further instructed by MCC from time to time), provided that they do not contradict the provisions of Guatemalan domestic law. The designation of the Accountable Entity contemplated by this Section 3.2(b) will not relieve the Government of any obligations or responsibilities hereunder or under any related agreement, for which the Government remains fully responsible. MCC hereby acknowledges and consents to the designation in this Section 3.2(b). With the prior written consent of MCC, the Government may designate one or more additional entities to implement the Program and to exercise and perform the Government’s right and obligation to oversee, manage manage, and implement the Program. The Parties note that the Government remains ultimately responsible for the performance of the Government’s obligations under or in relation to this Agreement.