Execution of the Project. Section 3.01. The Borrower declares its commitment to the objective of the Project as set forth in Schedule 2 to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under the Development Credit Agreement, the Borrower: (a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit; (b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and (c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose. Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date: (i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or (ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 3 contracts
Sources: Development Credit Agreement, Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject, through MOH, with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement, the Project Operational Manual and the Environmental Management Plan.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower Recipient shall afford all reasonable opportunity for representatives of the Association, WHO, and UNECA, to visit any part of its territory for purposes related to the Grant, and shall cooperate with such representatives in such manner as to facilitate the carrying out by the Association, WHO, and UNECA, of their respective obligations under the Program.
Section 3.05. Unless otherwise agreed by the Recipient and the Association hereby agree that the obligations set forth in Sections 9.03Association, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the no expenditures required for a Sub-Project shall be carried eligible for financing out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisproceeds of the Grant, unless the Recipient shall have carried out, in accordance with the performance indicators included Environmental Management Plan, an environmental assessment for the Sub-Project, and shall have undertaken processes and activities to mitigate any negative environmental impacts of such Sub-Project in Schedule 4 to this Agreement and any others that may be accordance with the Environmental Management Plan, together with evidence, satisfactory to the Association, that the carrying out of the Sub-Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterinvolve any involuntary resettlement.
Appears in 3 contracts
Sources: Development Grant Agreement, Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject, through MOH, with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement, the Project Operational Manual and the Environmental Management Plan.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as the said provisions shall be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower Recipient shall afford all reasonable opportunity for representatives of the Association, WHO, and UNECA, to visit any part of its territory for purposes related to the Grant, and shall cooperate with such representatives in such manner as to facilitate the carrying out by the Association, WHO, and UNECA, of their respective obligations under the Program, in line with current arrangements between MOH and its donor partners.
Section 3.05. Unless otherwise agreed by the Recipient and the Association hereby agree that the obligations set forth in Sections 9.03Association, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the no expenditures required for a Sub-Project shall be carried eligible for financing out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisproceeds of the Grant, unless the Recipient shall have carried out, in accordance with the performance indicators included Environmental Management Plan, an environmental assessment for the Sub-Project, and shall have undertaken processes and activities to mitigate any negative environmental impacts of such Sub-Project in Schedule 4 to this Agreement and any others that may be accordance with the Environmental Management Plan, together with evidence, satisfactory to the Association, that the carrying out of the Sub-Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterinvolve any involuntary resettlement.
Appears in 3 contracts
Sources: Development Grant Agreement, Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower ICT Agency declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under the Development Credit Agreement, and, to this end, shall carry out the Borrower:
(a) shall duly Project with due diligence and punctually performefficiency and in conformity with appropriate administrative, in accordance with the provisions of the Agreement Establishing ATI financial, and the Participation Agreementengineering practices, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Association and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation theretoICT Agency shall otherwise agree, the Borrower shall:ICT Agency shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to this Agreement.
(a) prepareExcept as the Association shall otherwise agree, on procurement of the basis goods, works, and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 1 to this Agreement.
(b) The ICT Agency shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than six twelve (612) months after the Insurance Facility First Closing Date or such later date as may be agreed of the preceding Procurement Plan, for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and’s approval.
(ba) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that ICT Agency shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
(b) For the purposes of Section 3.04. The Borrower 9.06 of the General Conditions and without limitation thereto, the ICT Agency shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(bi) prepare, under terms on the basis of reference satisfactory guidelines acceptable to the Association, Association and furnish to the Association, on or about Association not later than six (6) months after the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, Closing Date or such later date as may be agreed for this purpose between the Association shall requestand the ICT Agency, a plan for the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion future operation of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this AgreementProject; orand
(ii) afford the operations of ATI are not self-financing; then Association a reasonable opportunity to exchange views with the Borrower shall take all corrective measures necessary under the circumstances, based ICT Agency on the Association’s views on the matterplan.
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through NTSC, with due diligence and efficiency and in conformity with appropriate administrative, management, financial, engineering and traffic management practices, and sound environmental and social standards acceptable to the Association; and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out, and cause to be carried out, the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate environmental, financial, technical and administrative practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall cause the Project Secretariat to update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) cause the Project Secretariat to prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient and the Project Secretariat on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date Except as the Association shall requestotherwise agree, the report referred to in paragraph (b) of this SectionRecipient shall not, andand the Recipient shall ensure that the Project Secretariat shall not, thereafteramend, take all measures required to ensure the efficient completion suspend, abrogate, terminate or waive any provision of the Project and Operational Manual without the achievement prior written consent of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any shall carry out the Project through DEAT with due diligence and efficiency and in conformity with appropriate administrative, financial and pest management practices and with due regard to ecological and environmental factors and to the health and safety of workers, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project.
(b) The Recipient shall duly perform its other obligations under the Development Credit Agreement, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth Conventions and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower Recipient and the Association Bank and to accomplish the purposes of the Credit;Project, and without limitation to the generality of the foregoing, undertake all such actions as may be necessary and proper to ensure the safe and effective treatment and/or disposal of Obsolete Pesticides and Associated Waste under the Project.
(c) Without limitation upon the provisions of paragraphs (a) and (b) of this Section, and except as the Recipient and the Bank shall otherwise agree, the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Bank shall otherwise agree, procurement of the goods, works, consultants’ services and Disposal Services required for the Project and to be financed out of the proceeds of the GEF Trust Fund Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall take and cause update the Procurement Plan in accordance with guidelines acceptable to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATIBank, and shall furnish such update to the Bank not take or permit to be taken any action which would prevent or interfere with such realization or later than twelve (12) months after the fulfillment date of the objectives of preceding Procurement Plan, for the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposeBank’s approval.
Section 3.023.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower For the avoidance of doubt, the Bank and the Association hereby Recipient agree that the obligations set forth in Sections 9.03Project activities are potentially hazardous, 9.04, 9.05, 9.06, 9.07 and 9.08 involving as they do potentially dangerous chemicals; that the Bank shall not be responsible for execution of the General Conditions (relating Project activities, including any activities undertaken by any partners in or contractors to insurance, use the Project; that the Bank shall at no time during the course of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) the Project acquire any legal title to or obligations in respect of any Obsolete Pesticides, Associated Waste or the equipment used to dispose of, treat, handle or transport any of the same; and that the Bank shall not be liable if the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 activities cause any loss or damage of the Project Agreementany kind whatsoever.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out the Project through its Ministry of its other obligations under the Development Credit AgreementEducation with due diligence and efficiency and in conformity with appropriate administrative, financial, educational and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate public utility, financial and engineering practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Bank and the Borrower shall otherwise agree, necessary or appropriate the Borrower shall: (i) carry out Parts A and B of the Project in accordance with the action plan set forth in the letter supplemental to enable ATI to realize this Agreement of even date herewith; (ii) ensure at all times during the carrying out of the Project the coordination of all activities thereunder through the existing project executing unit within the Borrower’s Transmission Directorate; and (iii) maintain said unit for the purposes above (except for which it was created under changes thereto which, in the Agreement Establishing ATIopinion of the Bank, and shall not take or permit to be taken any action which would prevent or interfere with such realization or adversely affect the fulfillment of the objectives carrying out of the Project; and
(c) if ), until a member of COMESAdate not earlier than one year after the last withdrawal from the Loan Account has taken place, with an adequate structure, organization and staff, and provide it with such other resources as shall at all times comply with be necessary or convenient to enable the provisions of the COMESA Protocol on Transit Trade said unit to discharge its functions and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposeresponsibilities.
Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement.
Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions Conditions, and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Bank and the AssociationBorrower, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. (a) The Borrower and shall furnish to the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions Bank: (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectivelyi) a Project-specific environmental report in respect of each transmission line and ancillary facilities thereto to be constructed under Part B of the Project shall Project, each such report to include a detailed environmental management plan designed to mitigate undesirable effects on human populations and natural resources during construction and operation of the line and facilities in question; and (ii) a resettlement plan, based on the detailed engineering for the construction in question, designed to relocate certain households affected by the construction and/or operation of each of the aforesaid lines and facilities (which have been estimated to be carried out by ATIcurrently about 40 households, as applicable in the aggregate), and/or to compensate other households also affected, all located along the corresponding corridors to be used for construction of transmission lines under the circumstances, pursuant to Section 2.03 of the Project AgreementProject.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary Each of the Effective Date, a report integrating the results of the monitoring reports and evaluation activities performed pursuant plans referred to in paragraph (a) of this Sectionabove shall be presented to the Bank in a timely fashion, on the progress achieved in the carrying out account being taken of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report then current action plan referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of Section 3.01 of this Loan Agreement, so as to afford the Credit has not been withdrawn from Bank a reasonable opportunity to give its comments thereon, and to enable the Credit Account Borrower to introduce in accordance the plan or plans in question all reasonable changes thereto that the Bank shall have requested, if any, and to comply with the provisions of Schedule 3 to paragraph (c) of this AgreementSection.
(c) Without limitation or restriction upon the provisions of paragraph (e) of this Section and in respect of each of the works included in Part B of the Project, the Borrower shall not: (i) invite bids for the works in question unless the corresponding environmental management and resettlement plans have been agreed between the Bank and the Borrower; or
and (ii) authorize any contractor to initiate the operations line construction and assembly phase of ATI are the contract in question unless: (A) each of the persons affected by the works under such contract shall have been provided, pursuant to the corresponding resettlement plan, with enforceable rights to a new home or adequate compensation, or both, as such person may be entitled to under such plan; and (B) evidence thereof shall have been furnished to the Bank in a manner satisfactory to the Bank.
(d) The Borrower shall execute in a timely manner all of the actions included in each environmental management plan and resettlement plan agreed pursuant to the provisions of subparagraph (i) of the preceding paragraph of this Section and shall not self-financing; then change any of such plans unless otherwise agreed with the Bank.
(e) Without limitation or restriction upon the provisions of the preceding paragraphs of this Section or of Section 9.09 of the General Conditions, and in respect of the aforesaid lines and facilities, the Borrower shall not authorize the initiation of the line construction and assembly phase of the works in question, unless all the corresponding land and right in respect of land required for the carrying out of such works shall have been acquired.
(a) The Borrower shall, commencing in 1996 and until the year in which the last withdrawal from the Loan Account takes place, undertake to complete jointly with the Bank on a date to be agreed with the Bank on each year but which shall be not later than four months counted from the end of the preceding Borrower’s fiscal year, an annual review of all aspects related to the execution of the Project during the preceding year, the Borrower’s financial situation and local funding capability in subsequent years.
(b) After completion of each of the aforesaid reviews, the Borrower shall take all corrective measures necessary such remedial action concerning Project execution as the Bank shall have reasonably requested.
Section 3.06. The Borrower shall: (a) before the end of each year, commencing in 1995, submit to the Bank for approval two plans of specific activities under each of Parts C.1 and C.2 of the circumstancesProject (including terms of reference and, based on if required, procurement procedures therefor), in respect of which the Association’s views on expenditures under such Parts of the matter.Project to be financed with the proceeds of the Loan shall be incurred during the following year; and
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Execution of the Project. Section 3.01. The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, technical and financial practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For Except as the purposes of Section 9.06 Association shall otherwise agree, procurement of the General Conditions goods and without limitation thereto, consultants’ services required for the Borrower shall:
(a) prepare, on the basis of guidelines acceptable Project and to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement financed out of the Project; and
(b) afford proceeds of the Association a reasonable opportunity Credit shall be governed by the provisions of Schedule 3 to exchange views with the Borrower on said planthis Agreement.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going ongoing basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective DateDecember 31, 2005, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective DateFebruary 28, 2006, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter.
Section 3.04. Without limiting For the generality purposes of Section 9.06 of the foregoingGeneral Conditions and without limitation thereto, in the event that by the third anniversary of the Effective DateBorrower shall:
(ia) at least fifty per cent prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (50%6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Credit has not been withdrawn from Project’s objectives; and
(b) afford the Credit Account in accordance Association a reasonable opportunity to exchange views with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the mattersaid plan.
Appears in 2 contracts
Sources: Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out the Project through its Ministry of its other obligations under Agriculture and Rural Development and the Development Credit AgreementProject Provinces, with due diligence and efficiency and in conformity with appropriate administrative, financial, veterinarian and public health practices, and sound social and environmental standards acceptable to the Association, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; objectives of the Project and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through the HCNLS, with due diligence and efficiency and in conformity with appropriate administrative, community development, environmental, financial and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated upon in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association and furnish such update to the Association not a member later than twelve (12) months after the date of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable the preceding Procurement Plan for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective of the Project as set forth in Schedule 2 Project, and, to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental, social, engineering, public utility and technical practices (including for dam safety), and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project.
(b) The Borrower also declares that: (i) no excavations or other types of works under Part A of the Project shall be carried out unless the use, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment process of acquisition, of land sites are carried out in a manner satisfactory to the objectives Bank; (ii) no Resettlement shall occur under Part A of the Project; andand (iii) if any temporary loss of crops, harvesting or use of land occurs under the Project, it shall cause WASCO to compensate any affected person(s) an amount equivalent to the market value of such temporary loss.
(c) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraphs (a) and (b) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Bank shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement.
(a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental, technical and forestry practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section, and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Bank shall otherwise agree, whether or not a member of COMESA, undertakes the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works, and consultants’ services required for the Project and to be financed out of the proceeds of the GEF Trust Fund Grant extended to the Recipient under this Agreement shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, Bank and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower and For the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 purpose of Part 5 of the General Conditions (relating to insuranceProject, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower Recipient shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisestablish ALIF as a legal entity which shall be responsible, inter ▇▇▇▇, for financing Subprojects for communities living in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereofGlobally Significant Biodiversity Areas;
(b) prepare, under terms of reference satisfactory to the Association, prepare and furnish to the AssociationBank the ALIF Operational Manual, on or about satisfactory to the third anniversary of the Effective DateBank, a report integrating the results of the monitoring which shall contain, inter alia, procedures, eligibility criteria, and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report terms and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such dateconditions for financing Subprojects; and
(c) review with the Association, by the third anniversary allocate an amount of the Effective DateGEF Grant, or not exceeding such later date amount as the Association shall request, the report referred may be allocated from time to in paragraph time to Category (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%4) of the Credit has not been withdrawn from the Credit Account table in paragraph 1 of Schedule 1 to this Agreement, to finance Subprojects for communities living in Globally Significant Biodiversity Areas, in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterALIF Operational Manual.
Appears in 2 contracts
Sources: Global Environment Facility Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 Project, and, to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MWRI with due diligence and efficiency and in conformity with appropriate administrative, economic, engineering, environmental, financial, management and technical practices, and shall provide, as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Bank shall otherwise agree, whether or the Borrower shall, through MWRI carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement, the ESMP and the PIP.
(a) Except as the Bank shall otherwise agree, procurement of the goods and works required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall, through MWRI, update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall, through MWRI:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan designed to ensure for the continued achievement of the objectives of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject, through MOH, with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement, the Project Operational Manual and the Environmental Management Plan.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as the said provisions shall be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower Recipient shall afford all reasonable opportunity for representatives of the Association, WHO, and UNECA, to visit any part of its territory for purposes related to the Grant, and shall cooperate with such representatives in such manner as to facilitate the carrying out by the Association, WHO, and UNECA, of their respective obligations under the Program.
Section 3.05. Unless otherwise agreed by the Recipient and the Association hereby agree that the obligations set forth in Sections 9.03Association, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the no expenditures required for a Sub-Project shall be carried eligible for financing out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisproceeds of the Grant, unless the Recipient shall have carried out, in accordance with the performance indicators included Environmental Management Plan, an environmental assessment for the Sub-Project, and shall have undertaken processes and activities to mitigate any negative environmental impacts of such Sub-Project in Schedule 4 to this Agreement and any others that may be accordance with the Environmental Management Plan, together with evidence, satisfactory to the Association, that the carrying out of the Sub-Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterinvolve any involuntary resettlement.
Appears in 2 contracts
Sources: Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall, carry out the Development Credit AgreementProject through the MoH with due diligence and efficiency and in conformity with appropriate administrative, financial and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepareExcept as the Association shall otherwise agree, on procurement of the basis goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient, through the MoH, shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than six (6) 12 months after the Insurance Facility First Closing Date or such later date of the preceding Procurement Plan, for the Association’s approval.
Section 3.03. Without limitation upon the provisions of Section 3.01 and except as may be agreed for this purpose between the Borrower Recipient and the AssociationAssociation shall otherwise agree, a plan designed the Recipient shall:
(a) carry out the Project in accordance with the Operational Manual satisfactory to ensure the continued achievement Association and in full compliance with the provisions of the ProjectEnvironmental Management Plan and in a timely manner; and
(b) afford maintain the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect PIU until completion of the Project shall be carried out by ATIin a legal and organizational form, as applicable with staff, resources and under terms of reference, all satisfactory to the circumstances, pursuant to Section 2.03 of the Project AgreementAssociation.
Section 3.04. The Borrower Recipient shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going ongoing basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective DateMarch 31, 2008, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective DateMay 31, 2008, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter.
Section 3.05. Without limiting For the generality purposes of Section 9.06 of the foregoingGeneral Conditions and without limitation thereto, in the event that by Recipient, through the third anniversary of the Effective DateMoH, shall:
(ia) at least fifty per cent (50%) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Recipient and the Association, a plan designated to ensure the continued achievement of the Credit has not been withdrawn from Project; and
(b) afford the Credit Account in accordance Association a reasonable opportunity to exchange views with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based Recipient on the Association’s views on the mattersaid plan.
Appears in 2 contracts
Sources: Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations shall carry out the Project through the Line Ministries under the Development Credit Agreementcoordination of MOE with due diligence and efficiency and in conformity with appropriate administrative, financial, economic, health and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement, the Project Implementation Plan and the Environmental Management Plan.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions shall be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a final completion report including a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said report and plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) In order to achieve the objectives of Parts C.2 and D.3 of the Project, the Borrower shall maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be arrangements satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed Association pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then which the Borrower shall take all corrective measures necessary select Sub-Projects to be carried out under Parts C.2 and D.3 of the circumstances, based on the Association’s views on the matterProject.
Appears in 2 contracts
Sources: Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, and environmental practices, and shall provide, promptly as needed, the Borrower:funds, facilities, services, and other resources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Recipient and the Association shall duly and punctually performotherwise agree, the Recipient shall carry out the Project in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein Implementation Program set forth and shall exercise its rights thereunder in such manner as Schedule 4 to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
In order to assist the Recipient in carrying out the Project, the Recipient shall appoint a nationalized commercial bank to be responsible for Project-related banking activities (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisParticipating Banks), in accordance with for which purpose, the performance indicators included in Schedule 4 to this Agreement and any others that may be Recipient shall enter into a Participation Agreement, satisfactory to the Association; such Participation Agreement to provide, inter alia, for: (a) the carrying out of the Project procedures for distributing education allowances and the achievement of the objectives thereof;
LC Grants; (b) prepare, under terms of reference satisfactory to the Association, Participating Bank’s responsibilities on maintaining records; and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary auditing of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the AssociationParticipating Bank’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary activities under the circumstances, based on the Association’s views on the matterProject.
Appears in 2 contracts
Sources: Development Grant Agreement, Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out the Project through the Ministry of its other obligations under Education with due diligence and efficiency and in conformity with appropriate administrative, management, financial, and education practices, and sound social and environmental standards acceptable to the Development Credit AgreementAssociation, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Credit and the NZAID Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the ProjectProject objectives; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MARD, MOF, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI Project Provinces and the Participation AgreementParticipating Agencies with due diligence and efficiency and in conformity with appropriate administrative, all its obligations therein set forth financial, and engineering practices and sound environmental and social standards acceptable to the Association, and shall exercise its rights thereunder in such manner provide, promptly as to protect needed, the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 2 contracts
Sources: Development Credit Agreement, Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, education management, pedagogical and architectural practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford Without limitation upon the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 provisions of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this SectionSection and, on except as the progress achieved in Borrower and the carrying Association shall otherwise agree, the Borrower shall carry out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review in accordance with the Association, by the third anniversary of the Effective Date, or such later date Implementation Program set forth in Schedule 4 to this Agreement.
Section 3.02. Except as the Association shall requestotherwise agree, procurement of the report referred to in paragraph (b) of this Sectiongoods, and, thereafter, take all measures works and consultants’ services required to ensure the efficient completion of for the Project and the achievement to be financed out of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) proceeds of the Credit has not been withdrawn from the Credit Account in accordance with shall be governed by the provisions of Schedule 3 to this Agreement.
(a) The Borrower and the Association shall, not later than October 30, 1995, or at such other date as the Borrower and the Association shall agree upon, carry out a joint in-depth review of the Project implementation (mid-term review), such review to focus on: (i) the effectiveness of Project management; or
(ii) progress in meeting the operations Project’s development objectives assessed against monitoring indicators as attached to the Program; (iii) the policy of ATI are not selfthe technical education and vocational training sector in view of the aptitude of such policy to meet perceived needs of the labour market; (iv) functions and organization of CRES; and (v) the evaluation of TSF operations, and the effectiveness of its institu- tional framework, following analysis of the audit reports referred to under paragraph 7 of Schedule 4 to this Agreement; such mid-financing; then term review to be attended by all donors providing assistance to the Borrower shall take all corrective measures necessary under the circumstances, based on Project;
(b) furnish to the Association’s views on , not later than one month prior to such mid-term review, a report, intended to prepare such review, with proposals to improve the mattereffectiveness of project implementation, as the case may be; and
(c) following such review, act promptly and diligently in taking any action deemed necessary by the participants of the mid- term review, and to prepare and implement an action plan and take such measures satisfactory to the Association as appropriate in furtherance of the objectives of the Project.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Paragraph 1 of Schedule 2 to this Agreement. To Agreement and, to this end, without shall carry out Part B.8 of the Project through the National Steering Committee on Nam Theun 2 Implementation, reporting to the Deputy Prime Minister, Part C.6 of the Project through STEA, Part D of the Project through WMPA, and Part E.2 of the Project through MIH and WMPA, with due diligence and efficiency and in conformity with appropriate administrative and financial practices and sound social and environmental standards acceptable to the Association, and shall provide, promptly as needed, the funds, facilities, services and other resources required for said Parts of the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Recipient and the Association shall otherwise agree, the Recipient shall carry out Parts B.8, C.6, D and Part E.2 of the Project in accordance with the implementation program set forth in Schedule 3 to this Agreement.
(c) Without any limitation or restriction upon any of its other obligations under the Development Credit this Agreement, the Borrower:
(a) Recipient shall duly and punctually perform, take all action as may be necessary to cause NTPC to perform in accordance with the provisions of the NTSEP Project Agreement Establishing ATI and all the Participation Agreement, all its obligations of NTPC therein set forth forth, including the carrying out of Parts B (other than Part B.8), C (other than Part C.6) and shall exercise its rights thereunder in such manner as to protect the interests E.1 of the Borrower and the Association Project and to accomplish the purposes of the Credit;
(b) this end shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, action necessary or appropriate to enable ATI NTPC to realize the purposes for which it was created under the Agreement Establishing ATIperform such obligations, including granting all necessary approvals, permits or licenses, and shall not take or permit to be taken any action which would prevent or interfere with such realization or performance.
(a) The Recipient shall, through MOF, make the fulfillment proceeds of the objectives Grant available to LHSE under a loan and shareholder agreement to be entered into between the Recipient and LHSE, under terms and conditions which shall have been approved by the Association which shall include those set forth in Part A of the Project; Annex to Schedule 3 to this Agreement.
(b) The Recipient shall, through MOF, exercise its rights under the LHSE Loan and Shareholder Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Grant, and, except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate or waive the LHSE Loan and Shareholder Agreement or any provision thereof.
(c) if a member The Recipient shall, through MOF, enter into an agreement with NTPC and LHSE under terms and conditions which shall have been approved by the Association, which shall include those set forth in Part B of COMESAthe Annex to Schedule 3, and, except as the Association shall at all times comply with otherwise agree, the Recipient shall not assign, amend, abrogate or waive the Tri-Partite Agreement or any provision thereof.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for Parts B through E of the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 1 to the COMESA Protocol on Transit Trade NTSEP Project Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall take all action as may be necessary under the Tripartite Agreement, to cause NTPC to update the Procurement Plan in accordance with guidelines acceptable to the Association and Trade Facilities andto furnish such update to the Association not later than 12 months after the starting date of the preceding Procurement Plan, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.04. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.05. The Borrower Recipient and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of Parts B (other than Part B.8), C (other than Part C.6) and E of the Project shall be carried out by ATI, as applicable under the circumstances, NTPC pursuant to Section 2.03 the provisions of the NTSEP Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out Part A of its other obligations under the Development Credit AgreementProject through SOP, Part B of the Project through SOH and Part C of the Project through SOLSS, with due diligence and efficiency and in conformity with appropriate administrative, environmental, employment and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with this Agreement, the POM and the PIP.
(a) Except as the Association shall otherwise agree, procurement of the goods and services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
(a) Without limitation to the provisions of Section 3.03. The 3.01 (a) above, the Borrower and shall:
(a) commencing the Association hereby agree that second FY after the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 Effective Date until completion of the General Conditions Project, open and maintain two (relating 2) accounts in Lempira to insurancefinance its contribution to the Project, use one each for SOH and SOLSS respectively in the Treasury books of goods the Borrower’s Ministry of Finance, under terms and services, plans and schedules, records and reports, maintenance and land acquisition, respectivelyconditions satisfactory to the Association;
(b) deposit therein:
(i) in respect of SOH, the equivalent in Lempira of $3,000,000 as counterpart funds for the duration of the Project, to be made available for Project implementation, on a yearly basis, in accordance with amounts agreed with the Association during each FY preceding the FY during which the funds are to be deposited for Project implementation purposes; and
(ii) in respect of SOLSS, the equivalent in Lempira of $300,000 as counterpart funds for the duration of the Project, to be made available for Project implementation, on a yearly basis, in accordance with amounts agreed with the Association during each FY preceding the FY during which the funds are to be deposited for Project implementation purposes; and
(c) ensure that amounts deposited into the SOH and SOLSS Project Accounts shall be used exclusively to make payments to meet expenditures made or to be made in respect of the reasonable cost of goods and services for the Project in addition to those financed from the proceeds of the Credit.
(a) No later than the Effective Date, the Borrower shall be carried adopt the Project Operational Manual, satisfactory in form and substance to the Association, consisting of different modules setting forth rules, methods, guidelines, standard documents and procedures for the carrying out by ATIof the Project, as applicable including the following:
A. For the one part:
(i) the Project administrative, accounting, auditing, reporting, procurement, financial and disbursement procedures, including all pertinent standard documents in relation thereto;
(ii) the social assessment and indigenous people development plan prepared for the Project and disclosed to the public on April 15, 2005;
(iii) the selection method, eligibility criteria, and procedures for interventions of, and carrying out of activities by, stakeholders and participants to the Project, including the Implementation Partners and the terms and conditions for such intervention and participation; and
(iv) the plan for the monitoring and supervision of the Project.
B. For the other part:
(i) the selection criteria for participating municipalities, certification processes for NGOs and other private sector providers under the circumstances, pursuant to Section 2.03 Part B of the Project and the terms and conditions for the contractual agreements in relation thereto;
(ii) the selection criteria for public and private training institutions and private sector enterprises under Part C of the Project, and the terms and conditions for the contractual agreements in relation thereto;
(iii) the eligibility criteria for Beneficiary Communities and FEP Program Beneficiaries under Part B and Part C respectively of the Project; and
(iv) the training programs in respect of Part C of the Project.
(b) The detailed description of project implementation, including: (i) all Project activities, their sequencing and the prospective timetable and benchmarks in relation thereto; and (ii) the institutional arrangements in respect thereof, including, inter alia, the specific plan for the coverage expansion of the AINC-C Program of the Borrower to be supported under Part B of the Project.
(c) The Borrower shall: (i) maintain the POM and the PIP throughout Project implementation; (ii) take all measures necessary to ensure that the Project is carried out in conformity with the POM and the PIP; and (iii) from time to time, proceed with amending the POM or the PIP only with the Association’s prior consent.
(d) In the event that any provision of the POM or the PIP shall conflict with any one under this Agreement, the terms of this Agreement shall prevail.
Section 3.06. No later than the Effective Date, the Borrower shall, through SOLSS, enter into an agreement, satisfactory in form and substance to the Association, with a Management Agency selected in accordance with the provisions of Schedule 3 to this Agreement (the Service Agreement), setting forth therein the terms and conditions thereof, including, inter alia, the terms of reference, the service fees, and the financial obligations related to the provision of management services in respect of the implementation of Part C of the Project, including the acquisition of goods and the carrying out of small works in relation thereto.
Section 3.07. No later than three (3) months after the Effective Date, the Borrower shall appoint the independent auditors referred to in Section 5.01 of this Agreement, in accordance with the provisions of section III of Schedule 3 to this Agreement.
Section 3.043.08. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going ongoing basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, Association the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective DateApril 30 and October 30 in each FY, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective DateJune 30 and December 30 in each FY, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject, through the PCU and the Beneficiary Agencies, with due diligence and efficiency and in conformity with appropriate financial, administrative, legal, and technical practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement.
Section 3.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan designed to ensure the continued achievement of the Project; ’s objectives, and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.033.04. With regard to the training and capacity building activities to be carried out under the Project, in accordance with the implementation plan set forth in the Operational Manual, the Borrower, through the PCU, shall:
(a) by no later than March 31 of each year during the implementation of the Project, starting in the year 2002, furnish the Bank, for its approval, a plan which provides detailed information on the objective, content, schedule, selection criteria, budget, and number of participants regarding the respective activities;
(b) carry out such training and capacity building activities in accordance with said plan approved by the Bank; and
(c) by no later than March 31 of each year during the implementation of the Project, starting in the year 2003, prepare and furnish to the Bank a report, of such scope and in such detail as the Bank shall reasonably request, on the results of each such activity, on the proposed strategy for replication and dissemination, as well as on the benefits derived therefrom.
Section 3.05. Throughout the course of the Project implementation, the Borrower shall maintain a Project coordination unit within MEF. The Borrower and the Association hereby agree shall ensure that the obligations PCU is, at all times, during the implementation of the Project, headed by a Project coordinator (the Project Coordinator), assisted by staff in adequate numbers, all with qualifications, experience, functions and responsibilities as set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project AgreementOperational Manual.
Section 3.043.06. Without limitation upon the provisions of Section 3.01 of this Agreement, the Borrower through MEF shall enter into separate inter institutional administrative arrangements satisfactory to the Bank (the Administration Arrangements), one with each one of the Beneficiary Agencies, setting forth their respective responsibilities in the implementation of the Project. The Borrower shall exercise its rights and carryout its obligations under the Administration Arrangements in such a manner as to protect the interest of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank may otherwise agree, the Borrower shall not assign, amend, abrogate, suspend, waive, terminate or fail to enforce any Administration Arrangement or any provision thereof.
Section 3.07. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going ongoing basis, in accordance with the performance indicators included set forth in Schedule 4 to this Agreement and any others that may be satisfactory to the AssociationSupplemental Letter, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the AssociationBank, and furnish to the AssociationBank, on or about March 31 of each year during the third anniversary implementation of the Effective DateProject, starting in the year 2002, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the AssociationBank, by June 30 of each year during the third anniversary implementation of the Effective DateProject, starting in the year 2002, or such later date as the Association Bank shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the AssociationBank’s views on the matter.
(a) The Borrower shall, without limitation to the other provisions of this Agreement, carry out the Project in accordance with an operational manual, satisfactory to the Bank and to be prepared by the PCU, said manual to include specific rules and procedures for Project implementation; and
(b) the Operational Manual may be amended by the Borrower from time to time, in a manner satisfactory to the Bank, to facilitate continued Project implementation. In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail.
Section 3.09. The Borrower shall enter into an agreement with the United Nations Development Agency under terms and conditions satisfactory to the Bank (the UNDP Agreement), including, inter alia, UNDP’s obligation to maintain, on behalf of the Borrower, records and accounts adequate to reflect the operations, resources and expenditures of the Project, in order to enable the Borrower to comply with its obligations under Sections 4.01 and 4.02 of this Agreement. The Borrower shall exercise its rights and carryout its obligations under said agreement in such a manner as to protect the interest of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank may otherwise agree, the Borrower shall not assign, amend, abrogate, suspend, waive, terminate or fail to enforce the UNDP Agreement or any provision thereof.
Appears in 1 contract
Sources: Loan Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through PMU with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Operational Manual, the Procedure and Selection Criteria set forth in Schedule 6 and the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with terms of reference acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. The Borrower (a) CDR declares its commitment to the objective of the Project as set forth in Schedule 2 to this the Loan Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, the Borrower:
(a) shall duly financial, engineering and punctually performenvironmental practices, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resourcesresources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Bank and CDR shall otherwise agree, necessary or appropriate CDR shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATIthis Agreement, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade PIP and Trade Facilities andthe Operations Manual, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposeincluding the environmental guidelines.
Section 3.022.02. For Except as the purposes of Section 9.06 Bank shall otherwise agree, procurement of the General Conditions goods, works and without limitation thereto, consultants’ services required for the Borrower shall:Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to this Agreement.
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that CDR shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 9.07, 9.08 and 9.08 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
(b) For the purposes of Section 3.04. The Borrower 9.07 of the General Conditions and without limitation thereto, CDR shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(bi) prepare, under terms on the basis of reference satisfactory guidelines acceptable to the AssociationBank, and furnish to the Association, on or about Bank not later than six (6) months after the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, Closing Date or such later date as may be agreed for this purpose between the Association shall requestBank and CDR, a plan for the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion future operation of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this AgreementProject; orand
(ii) afford the operations of ATI are not self-financing; then the Borrower Bank a reasonable opportunity to exchange views with CDR on said plan.
Section 2.04. CDR shall take duly perform all corrective measures necessary its obligations under the circumstancesSubsidiary Agreement. Except as the Bank shall otherwise agree, based on CDR shall not take or concur in any action which would have the Association’s effect of amending, abrogating, assigning or waiving the Subsidiary Agreement or any provision thereof.
Section 2.05. (a) CDR shall, at the request of the Bank, exchange views on with the matterBank with regard to the progress of the Project, the performance of its obligations under this Agreement and under the Subsidiary Agreement, and other matters relating to the purposes of the Loan.
Appears in 1 contract
Sources: Project Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out Part C.3 of its other obligations under the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate environmental, administrative, and financial practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Bank shall otherwise agree, whether or the Recipient shall carry out Part C.3 of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Bank shall otherwise agree, procurement of the goods, and consultants’ services required for the Project and to be financed out of the proceeds of the GEF Trust Fund Grant shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with terms of reference acceptable to the Bank, and furnish such update to the Bank not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower and Without limitation to its obligations under Section 3.01 of this Agreement, the Association hereby agree that Recipient, for the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 purpose of making available its counterpart contribution to the financing of the General Conditions (relating to insuranceProject, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies open and procedures adequate to enable it to monitor maintain, for the duration of the Project, an account in Birr in NBE, on terms and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be conditions satisfactory to the Association, Bank (the carrying out of the “Project and the achievement of the objectives thereofAccount”);
(b) preparepromptly thereafter, under terms make an initial deposit in an amount of reference satisfactory Birr 90,000 to finance its contribution to the Associationcosts of the Project;
(c) thereafter deposit into the Project Account on a quarterly basis, and furnish the amount required to timely replenish said Project Account back to the Association, on or about the third anniversary amount of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such dateinitial deposit; and
(cd) review with ensure that amounts deposited into the Association, by the third anniversary Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of the Effective Datereasonable cost of works, or such later date as goods and services for the Association shall request, Project in addition to those financed from the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion proceeds of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterGEF Trust Fund Grant.
Appears in 1 contract
Sources: Global Environment Facility Trust Fund Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, engineering, financial, and social practices and with due regard to ecological and environmental factors, all acceptable to the Association, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with terms of reference acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out Part B of its other obligations under the Development Credit AgreementProject through PCU with due diligence and efficiency and in conformity with appropriate environmental, administrative, and financial practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Bank shall otherwise agree, whether or the Recipient shall carry out Part B of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the GEF Trust Fund Grant shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with terms of reference acceptable to the Bank , and furnish such update to the Bank not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies The Recipient shall open and procedures adequate to enable it to monitor maintain, for the duration of the Project, an account (the Project Account) in its Treasury books, on terms and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be conditions satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereofBank;
(b) preparepromptly thereafter, under terms make an initial deposit into the Project Account, in an amount equivalent to FCFA 16,000,000, to finance the Recipient’s estimated share of reference satisfactory to counterpart funds for the Association, and furnish to the Association, on or about the third anniversary implementation of Part B of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; andProject;
(c) review with thereafter deposit into the Association, Project Account by February 15 in each Fiscal Year during Project implementation such amount as shall be required to timely replenish the third anniversary Project Account back to the amount of the Effective Date, or such later date as the Association shall request, the report initial deposit referred to in paragraph (b) above; and
(d) ensure that amounts deposited into the Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of this Sectionthe reasonable cost of goods, andworks, thereafter, take all measures required to ensure and services for the efficient completion implementation of Part B of the Project and in addition to those financed from the achievement proceeds of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterGrant.
Appears in 1 contract
Sources: Global Environment Facility Trust Fund Grant Agreement
Execution of the Project. Section 3.01. The Borrower declares its commitment to the objective of the Project as set forth in Schedule 2 Project, and, to this Agreement. To this end, without any limitation or restriction upon any shall carry out the Project, through MAVDT, with the assistance of its other obligations under the Development Credit AgreementParticipating Territorial Entities and the Agent, the Borrower:
(a) shall duly with due diligence and punctually performefficiency and in conformity with appropriate administrative, anthropological, financial, managerial, public utility, social, environmental and technical standards and practices, as well as in accordance with the provisions of Operational Manual, the Agreement Establishing ATI EMF, the IPDF, the PFCR, the Project monitoring indicators set forth in the Implementation Letter, and the Participation AgreementAnnual Action Plans, all its obligations therein set forth and shall exercise its rights thereunder in such manner provide, promptly as to protect needed, the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project.
(a) Except as the Bank shall otherwise agree, necessary or appropriate procurement of the goods, works and consultants’ services required for the Project and to enable ATI be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to realize this Agreement, as said provisions may be further elaborated in the purposes for which it was created under Procurement Plan.
(b) The Borrower, through MAVDT, shall update the Agreement Establishing ATIProcurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not later than 12 months after the date of the preceding Procurement Plan, for the Bank’s approval.
(a) Without prejudice to the provisions related to Project implementation set forth in this Agreement including, but not limited to, Section 3.01, the Borrower, through MAVDT, shall not take or permit issue, and carry out the Project in accordance with, a manual (the Operational Manual), acceptable to the Bank, said manual to include, inter alia:
(i) an institutional framework plan of MAVDT, the Participating Territorial Entities, and the Agent for the management of the Project (including, inter alia, allocation of responsibilities among staff, the methodology for yearly planning of activities and budget and time allocation for those activities);
(ii) detailed arrangements for the overall carrying out of the Project (including, inter alia, the procurement, financial management, environmental, resettlement and social guidelines to be taken any action which would prevent or interfere with such realization or followed during Project implementation by the fulfillment Borrower, the Participating Territorial Entities and the Agent);
(iii) the guidelines for the preparation of the objectives Annual Action Plans;
(iv) the criteria and procedures for:
(A) the selection of the Participating Territorial Entities;
(B) the preparation, review, approval and implementation of Territorial Entity Subprojects, (including, inter alia, a suggested list of possible activities to be carried out under Territorial Entity Subprojects and a negative list of activities that can not be carried out under Territorial Entity Subprojects);
(C) the procurement and contracting procedures applicable to consultant’s services, goods and works procured by the Participating Territorial Entities under Territorial Entity Subprojects;
(D) training and technical assistance, environmental assessments, resettlement assessments, social assessments, and corresponding mitigation measures; and
(E) the development of a uniform approach (which approach is also known as Ventanilla Unica) to analyze and finance sector investments and improve the performance of utilities.
(v) special provisions to address the needs of indigenous peoples, as provided for in the IPDF and in Section 3.07 of this Agreement;
(vi) the guidelines for the implementation of the EMF, the IPDF, and the PFCR in connection with the carrying out of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Loan Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any shall carry out the Project through the Ministry of its other obligations under the Development Credit AgreementFish Wealth with due diligence and efficiency and in conformity with appropriate administrative, economic, financial, technical, engineering and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the PIP, the EMF and the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental, social and health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Administrator shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Administrator shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with terms of reference acceptable to the Administrator and furnish such update to the Administrator not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Administrator’s approval.
Section 3.023.03. For the purposes of Section 9.06 (c) of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationAdministrator, and furnish to the Association Administrator not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationAdministrator, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association Administrator a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Trust Fund Grant Agreement
Execution of the Project. Section 3.01. The Borrower Recipient declares its commitment to the objective of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under the Development Credit Agreement, the Borrowershall:
(a) shall duly carry out Parts A, B and punctually perform, in accordance with the provisions D of the Agreement Establishing ATI Project with due diligence and the Participation Agreementefficiency and in conformity with appropriate health, all its obligations therein set forth technical, administrative, financial, social, educational and environmental practices, and shall exercise its rights thereunder in such manner provide, promptly as to protect needed, the interests funds, facilities, services and other resources required for said Parts of the Borrower and the Association and to accomplish the purposes of the Credit;Project; and
(b) cause CAREC (pursuant to the terms of the CAREC Agreement) to carry out Part C of the Project with due diligence and efficiency and in conformity with appropriate health, biomedical waste, technical, administrative, financial, social and environmental practices, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI CAREC to realize carry out said Part of the purposes for which it was created under the Agreement Establishing ATIProject, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment carrying out of the objectives said Part of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a regional plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with For purposes of carrying out Part C of the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the AssociationProject, the carrying out Recipient shall make part of the Project and the achievement proceeds of the objectives thereof;
Grant (ballocated under Categories (1) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.),
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.012.01. The Borrower GWI declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this the Development Grant Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate technical, the Borrower:
(a) shall duly administrative, financial, engineering and punctually performenvironmental practices, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepareExcept as the Association shall otherwise agree, on procurement of the basis goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 1 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) GWI shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not later than six (6) 12 months after the Insurance Facility First Closing Date or such later date as may be agreed of the preceding Procurement Plan, for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and’s approval.
(ba) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that GWI shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
(b) For the purposes of Section 3.04. The Borrower 9.06 of the General Conditions and without limitation thereto, GWI shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(bi) prepare, under terms on the basis of reference satisfactory guidelines acceptable to the Association, Association and furnish to the Association, on or about Association not later than six (6) months after the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, Closing Date or such later date as may be agreed for this purpose between the Association shall requestand GWI, a plan for the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion future operation of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this AgreementProject; orand
(ii) afford the operations of ATI are not self-financing; then the Borrower Association a reasonable opportunity to exchange views with GWI on said plan.
Section 2.04. GWI shall take duly perform all corrective measures necessary its obligations under the circumstancesSubsidiary Agreement. Except as the Association shall otherwise agree, based on GWI shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Agreement or any provision thereof.
Section 2.05. (a) GWI shall, at the request of the Association’s , exchange views on with the matterAssociation with regard to the progress of the Project, the performance of its obligations under this Agreement, and other matters relating to the purposes of the Grant.
Appears in 1 contract
Sources: Project Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under the Development Credit this Agreement, shall carry out the Borrower:Project, through the MAE, with due diligence and efficiency and in conformity with appropriate technical, financial, administrative, and environmental practices, and shall provide promptly as needed, the funds, facilities, services, and other resources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Recipient and the Association shall otherwise agree, the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall duly otherwise agree, procurement of the goods, works, and punctually perform, in accordance with consultants’ services required for the Project and to be financed out of the proceeds of the Development Grant shall be governed by the provisions of the Agreement Establishing ATI and the Participation Schedule 3 to this Agreement, all its obligations therein set forth and shall exercise its rights thereunder as said provisions may be further elaborated in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;Procurement Plan.
(b) The Recipient shall take and cause update the Procurement Plan in accordance with terms of reference acceptable to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATIAssociation, and shall furnish such update to the Association not take or permit to be taken any action which would prevent or interfere with such realization or later than 12 months after the fulfillment date of the objectives of preceding Procurement Plan, for the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposeAssociation’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the ProjectProject objective; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject, through MITT and NISM, with due diligence and efficiency and in conformity with appropriate financial, administrative and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Recipient and the Association shall otherwise agree, necessary or appropriate the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to enable ATI to realize this Agreement.
(a) Except as the purposes for which it was created under the Agreement Establishing ATIAssociation shall otherwise agree, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment procurement of the objectives goods, works and services required for the Project, including goods, works and services for Sub-project under Part C.3 (b) of the Project; and
(c) if a member , and to be financed out of COMESA, the proceeds of the Grant shall at all times comply with be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the COMESA Protocol on Transit Trade Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and Trade Facilities andfurnish such update to the Association not later than twelve (12) months after the date of the preceding Procurement Plan, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement sustainability of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MARD and the Project Provinces with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering, management, public health and water supply practices, and sound environmental and social standards acceptable to the Association, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MFT with due diligence and efficiency and in conformity with appropriate administrative, financial, economic, health and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or not a member of COMESAthe Borrower shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement, undertakes to grant all transitors the Operations Manual and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Environmental and Social Screening and Assessment Framework.
Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Financing shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Operations Manual.
Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The (a) For the purpose of carrying out any livelihood support activity or Sub-project under Part A of the Project, the Borrower shall maintain arrangements satisfactory to the Association pursuant to which the Borrower shall carry out any such activity and select any Sub-project in accordance with the procedures and eligibility criteria set forth in the Operations Manual.
(b) Unless otherwise agreed by the Borrower and the Association hereby agree that the obligations set forth in Sections 9.03Association, 9.04, 9.05, 9.06, 9.07 and 9.08 no expenditures required for a livelihood support activity or a Sub-project shall be eligible for financing out of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect proceeds of the Project Financing, unless the Borrower shall be have carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisout, in accordance with the performance indicators included Environmental and Social Screening and Assessment Framework, an environmental assessment for the activity or the Sub-project, and shall have undertaken processes and activities to mitigate any negative environmental impacts of such activity or Sub-project in Schedule 4 to this Agreement accordance with the Environmental and any others that may be Social Screening and Assessment Framework, together with evidence, satisfactory to the Association, that the carrying out Sub-project shall not involve any involuntary resettlement of the Project local population and/or businesses and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved that there shall not be any construction in environmentally sensitive areas as defined in the carrying out of the Project during the period preceding the date of said report Environmental and setting out the measures recommended to ensure the efficient carrying out of the Project Social Screening and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterAssessment Framework.
Appears in 1 contract
Sources: Development Financing Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any shall carry out the Project through its Ministry of its other obligations under the Development Credit AgreementHealth with due diligence and efficiency and in conformity with appropriate administrative, financial, environmental, social and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 Project, and, to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through the ISPA with due diligence and efficiency and in conformity with appropriate engineering, administrative, financial, environmental and technical practices, and shall cause the ISPA to provide, promptly as needed, the Borrower:funds, facilities, services and other resources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Bank shall duly and punctually performotherwise agree, the Borrower shall carry out the Project, through the ISPA, in accordance with the provisions Implementation Program set forth in Schedule 5 to this Agreement.
(a) The Borrower shall, for the purposes of carrying out the Project, make the proceeds of the Agreement Establishing ATI Loan available to the ISPA under the Project Implementation Protocol to be entered into between the Undersecretariat of Treasury and the Participation ISPA in accordance with Section 5.01 of this Agreement, all its obligations therein set forth and .
(b) The Borrower shall exercise its rights thereunder under the Project Implementation Protocol in such manner as to protect the interests of the Borrower and the Association Bank and to accomplish the purposes of the Credit;Loan, and except as the Bank shall otherwise agree, the Borrower shall not assign, amend, suspend, abrogate, terminate or waive the Protocol or any provision thereof.
(a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) shall take and cause The Borrower shall, through the ISPA, update the Procurement Plan in accordance with guidelines acceptable to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes for which it was created under the Agreement Establishing ATIBank, and shall furnish such update to the Bank not take or permit to be taken any action which would prevent or interfere with such realization or later than 6 months after the fulfillment date of the objectives of preceding Procurement Plan, for the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposeBank’s approval.
Section 3.023.04. For the purposes of Section 9.06 9.07 of the General Conditions and without limitation thereto, the Borrower shall, through the ISPA:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the AssociationBank, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Loan Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through BOT, all with due diligence and efficiency and in conformity with appropriate administrative, financial sector and capital market practices and shall provide promptly, as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or not a member of COMESA, undertakes the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.02. For Except as the purposes Association shall otherwise agree, procurement of the goods and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement.
Section 9.06 3.03. Without limitation upon the provisions of Article IX of the General Conditions and without limitation theretoConditions, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and;
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.; and
Section 3.03. The Borrower (c) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate administrative, financial sector and capital market practices, taking into account the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project AgreementAssociation’s comments thereon.
Section 3.04. The Borrower shall:
shall until completion of the Project: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory furnish annually to the AssociationAssociation not later than six months immediately following the end of the respective financial years of NBC and PBZ, the carrying out annual financial accounts of the Project NBC and the achievement of the objectives thereof;
(b) preparePBZ, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, audited by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account independent auditors selected in accordance with the provisions of Schedule 3 the Borrowerþs Banking and Financial Institutions Act, No. 12 of 1991; and (b) prior to this Agreementfurnishing each of the said accounts ensure that (i) adjustments requested by the said auditors in the said accounts shall be made by NBC and PBZ in the accounts; or
and (ii) any loan of NBC and PBZ classified as a loss, in accordance with the operations of ATI are not self-financing; then the BOT directives, shall be written off.
Section 3.05. The Borrower shall take all corrective measures necessary under the circumstancesby October 31, 1995, based on the diagnostic evaluation: (a) offer for sale at least one urban branch network of NBC; and (b) identify a joint venture partner for the corporate subsidiary of NBC.
Section 3.06. The Borrower shall by October 31, 1995: (a) appoint, or cause to be appointed, a General Manager and a Financial Controller to assist PBZ under terms of reference and with qualifications, acceptable to the Borrower and the Association’s views on ; and (b) ensure that PBZ has commenced implementation of the matterrestructuring plan referred to in Part A.2 of the Project.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, public utility and engineering practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Bank and Trade Facilities andthe Borrower shall otherwise agree, whether or not a member of COMESA, undertakes the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basiscarry out the Action Plan, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be including a timetable, satisfactory to the AssociationBank, for the carrying out purposes of restructuring the Project and the achievement of the objectives thereofBorrower’s organizational arrangements for solid waste management;
(b) preparenot later than September 30 of each year, under terms of reference satisfactory to review with the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph Bank: (ai) of this Section, on the progress achieved in the carrying out of said Action Plan and the Project during timetable for implementing the period preceding the date components of said report Action Plan; and setting out (ii) the measures recommended modifications proposed by the Borrower for updating such Action Plan;
(c) not later than November 30, furnish to ensure the efficient carrying out of Bank for review and approval the Project modifications proposed for updating said Action Plan in the event the Bank and the achievement of Borrower do not reach an agreement on the objectives thereof during the period following such dateBorrower’s initial proposal pursuant to sub- paragraph (b) above; and
(cd) review thereafter carry out said Action Plan as modified in agreement with the AssociationBank.
Section 3.03. The Borrower shall, by during detailed design and construction supervision, carry out a plan, satisfactory to the third anniversary Bank, for mitigating the environmental impacts of the Effective Date, or such later date Project.
Section 3.04. Except as the Association Bank shall requestotherwise agree, procurement of the report referred to in paragraph (b) of this Sectiongoods, and, thereafter, take all measures works and consultants’ services required to ensure the efficient completion of for the Project and the achievement to be financed out of the objectives thereof, based on the conclusions and recommendations proceeds of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that Loan shall be governed by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 4 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Loan Agreement
Execution of the Project. Section 3.01. The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 Project, and, to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate financial, technical, administrative, and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. Except as the Administrator shall otherwise agree, procurement of the goods and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. For the purposes of Section 9.06 1.23 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationAdministrator, and furnish to the Association Administrator not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationAdministrator, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association Administrator a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower Recipient shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going ongoing basis, in accordance with the performance indicators included in Schedule 4 agreed upon from time to this Agreement time between the Recipient and any others that may be satisfactory to the AssociationAdministrator, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the AssociationAdministrator, and furnish to the AssociationAdministrator, on or about the third anniversary of the Effective DateSeptember 1, 2002, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph subparagraph
(a) of this Sectionabove, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the AssociationAdministrator, by the third anniversary of the Effective DateDecember 1, 2002, or such later date as the Association Administrator shall request, the report referred to in paragraph subparagraph (b) of this Sectionparagraph, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the AssociationAdministrator’s views on the matter.
Section 3.05. The Recipient shall ensure that the Environmental Management Plan be implemented in a timely manner.
Appears in 1 contract
Sources: Trust Fund Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any shall carry out the Project through: (i) DGEQV for purposes of its other obligations under Part A of the Development Credit AgreementProject; (ii) CITET for purposes of Part B of the Project; (iii) INSTM for purposes of Part C of the Project; and (iv) APAL for purposes of Part D of the Project, with due diligence and efficiency and in conformity with appropriate environmental, financial, administrative and technical practices and with due regard to ecological and biodiversity factors, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Bank shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement, the Environmental Management Plan and the Process Framework.
(a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the GEF Trust Fund Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Trust Fund Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through the Ministry with due diligence and efficiency and in conformity with appropriate administrative, engineering, geological, biological, social and financial practices and with due regard to ecological and environmental factors, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Recipient and the Trustee shall otherwise agree, the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 3 to this Agreement.
(c) if The Recipient shall open and thereafter maintain an account (the Project Account) in a member of COMESA, shall at all times comply with commercial bank in the provisions name of the COMESA Protocol Project and deposit into the Project Account on Transit Trade the first day of each calendar quarter, amounts required to cover his share of incremental operating costs according to Schedule 1, Category 5 (a) and Trade Facilities and, whether or not a member (b) of COMESA, undertakes this Agreement. Funds deposited into the Project Account shall be used only to grant all transitors and transit traffic freedom to traverse its territory by any means cover expenditures incurred for the purposes of transport suitable for that purposethe Project.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower The Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not carry out a mid-term review no later than six June 30, 1995 to assess the progress made in the execution of the Project and promptly implement the recommendations of said mid-term review as they shall have been agreed upon with the Trustee; such mid-term review to cover, inter alia: (6i) months after legal, regulatory and institutional changes executed and planned; (ii) management of the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower five Priority Project Sites and quality and adequacy of staff; kind and quality of local participation in management of Protected Areas and the Association, a plan designed execution of alternative activities; (iii) definition of the share of the Recipient’s contribution to ensure cover the continued achievement operating expenses of the Project; and
(iv) the review of adequacy of indicators for monitoring and evaluating the Project’s progress in relation to the achievement of its objectives as described in Schedule 2 to this Agreement, with particular emphasis on changes in biodiversity and socio-economic behavior of the population concerned, and define a program of their application for the remaining completion period of the Project; and (v) review the results of NEAP relating to biodiversity conservation and modalities of their implementation; Three months prior to such review, a report shall be submitted to the Trustee, as detailed as acceptable to the Trustee, covering project progress in all aspects as to be reviewed during the mid-term review, including definite proposals for the establishment of the Permanent Structure pursuant to Schedule 3 paragraph (8) (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower of this Agreement, and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, Trust Fund pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section.
(b) establish, andno later than six months after the mid-term review, thereaftera Trust Fund intended to sustain the Project’s achievements, take all measures required to ensure the efficient completion of be governed by regulations provided for by law, in accordance with terms and conditions defined by the Project and satisfactory to the achievement Trustee.
Section 3.03. Except as the Trustee shall otherwise agree, procurement of the objectives thereofgoods, based on works and consultants’ services required for the conclusions Project and recommendations to be financed out of the said report and the Association’s views on the matter. Without limiting the generality proceeds of the foregoing, in the event that GET Grant shall be governed by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 4 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MoH with due diligence and efficiency and in conformity with appropriate administrative, financial and environmental practices and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or not the Recipient, through MoH, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient, through MoH, shall update the Procurement Plan in accordance with guidelines agreed upon between Recipient and the Association, and furnish such updates to the Association at the same time when a member respective APW shall be submitted for the Association’s approval pursuant to the provisions of COMESA, undertakes paragraph 3 of Schedule 4 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient, through MoH, shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed designated to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through Bappenas with due diligence and efficiency and in conformity with appropriate administrative, technical and financial practices, and with due regard to social, environmental and ecological considerations, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial and accounting practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or not a member of COMESA, undertakes the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to grant all transitors this Agreement and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Implementation Plan.
Section 3.02. For Except as the purposes of Section 9.06 Association shall otherwise agree, procurement of the General Conditions goods, works and without limitation thereto, consultants’ services required for the Borrower shall:
(a) prepare, on the basis of guidelines acceptable Project and to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement financed out of the Project; and
(b) afford proceeds of the Association a reasonable opportunity Credit shall be governed by the provisions of Schedule 3 to exchange views with the Borrower on said planthis Agreement.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going ongoing basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the AssociationAsso- ciation, and furnish to the Association, on or about the third anniversary of the Effective DateApril 30, a report 1999 reports integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended recom- mended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective DateJune 30, 1999 or such later date dates as the Association shall request, the report reports referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on in the matter.
Section 3.04. Without limiting For the generality purposes of Section 9.07 of the foregoingGeneral Conditions and without limitation thereto, in the event that by the third anniversary of the Effective DateBorrower shall:
(ia) at least fifty per cent prepare, on the basis of guidelines acceptable to the Asso- ciation, and furnish to the Association not later than six (50%6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Credit has not been withdrawn from Project’s objectives; and
(b) afford the Credit Account in accordance Association a reasonable opportunity to exchange views with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the mattersaid plan.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through PMU with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Operational Manual, the Procedure and Selection Criteria set forth in Schedule 6 and the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with terms of reference acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) and afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. The Borrower (a) Sindh declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To this end, without any limitation or restriction upon any of its other obligations under the Development Credit Agreement, and, to this end, shall carry out the Borrower:
(a) shall duly Project with due diligence and punctually performefficiency and in conformity with appropriate administrative, in accordance with the provisions of the Agreement Establishing ATI financial, engineering, irrigation and the Participation Agreementenvironmental practices, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Association and Trade Facilities andSindh shall otherwise agree, whether or not a member of COMESASindh shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to this Agreement, undertakes to grant all transitors the PIP, the Environmental Guidelines and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe PMP.
Section 3.022.02. For Except as the purposes of Section 9.06 Association shall otherwise agree, procurement of the General Conditions goods, works and without limitation thereto, consultants’ services required for the Borrower shall:Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 1 to this Agreement.
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that Sindh shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
(b) For the purposes of Section 3.04. The Borrower 9.06 of the General Conditions and without limitation thereto, Sindh shall:
(i) prepare, on the basis of guidelines acceptable to the Association and furnish to the Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Association and Sindh, a plan for the future operation of the Project; and
(ii) afford the Association a reasonable opportunity to exchange views with Sindh on said plan.
Section 2.04. (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basisSindh shall, in accordance with at the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to request of the Association, exchange views with the carrying out Association with regard to the progress of the Project and the achievement performance of its obligations under this Agreement, and other matters relating to the purposes of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterCredit.
Appears in 1 contract
Sources: Project Agreement
Execution of the Project. Section 3.01. The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under the Development Credit this Agreement, the Borrower:
(a) shall duly and punctually perform, cause MBIFCT to perform in accordance with the provisions of the Project Agreement Establishing ATI and all the Participation Agreement, all its obligations of MBIFCT therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) forth, shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate action to enable ATI MBIFCT to realize the purposes for which it was created under the Agreement Establishing ATIperform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposeperformance.
Section 3.02. For The Recipient shall make the proceeds of the GET Grant available to MBIFCT for use by MBIFCT for the purposes of Section 9.06 of the General Conditions Project in accordance with, and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable subject to the Associationterms and conditions approved by the Trustee, including those set forth in the Trust Deed and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said planMOU.
Section 3.03. The Borrower Recipient and the Association Trustee hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 9.07, 9.08 and 9.08 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, MBIFCT pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shallRecipient shall ensure that UNP: (a) shall duly perform its obligations under MOU and shall not take or permit to be taken any action which would prevent or interfere with such performance, and (b) shall promptly, but in any event no later than September 30, 1994, adopt a management plan for MGNP, satisfactory to the Trustee, and thereafter implement management plans for BINP and MGNP.
Section 3.05. The Recipient shall take all measures necessary to ensure that:
(a) maintain policies all people to be involuntarily resettled from BINP shall be resettled and procedures adequate to enable it to monitor and evaluate on an on-going basis, adequately compensated in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be a plan satisfactory to the Association, the carrying out of the Project Trustee; and the achievement of the objectives thereof;
(b) prepareUNP and MBIFCT implement an IPP, under terms of reference satisfactory to the AssociationTrustee, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
which includes: (i) at least fifty per cent (50%) adequate representation of local indigenous people in the Credit has not been withdrawn from Project area in the Credit Account in accordance with the provisions decision-making structure of Schedule 3 to this Agreement; or
MBIFCT, (ii) ensuring that the operations indigenous people receive a fair share of ATI are not self-financingthe benefits from the Project; then and (iii) allowing the Borrower shall take all corrective measures necessary under the circumstancesindigenous people to have preferential access to opportunities to harvest forest resources, based on the Associationconsistent with UNP’s views on the matterpark management plans.
Appears in 1 contract
Execution of the Project. Section 3.01. The Borrower (a) Hubei Province declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this the Loan Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering and economic practices, and social and environmental standards acceptable to the Borrower:
(a) shall duly and punctually performBank, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Bank and Trade Facilities andHubei Province shall otherwise agree, whether or not a member of COMESA, undertakes Hubei Province shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.02. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepareExcept as the Bank shall otherwise agree, on procurement of the basis goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) Hubei Province shall update the Procurement Plan in accordance with guidelines acceptable to the AssociationBank, and furnish such update to the Association Bank not later than six (6) 12 months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; andpreceding Procurement Plan, for the Bank’s approval.
(ba) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that Hubei Province shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 9.07, 9.08 and 9.08 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
(b) For the purposes of Section 3.04. The Borrower 9.07 of the General Conditions and without limitation thereto, Hubei Province shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(bi) prepare, under terms on the basis of reference satisfactory guidelines acceptable to the AssociationBank, and furnish to the Association, on or about Bank not later than six (6) months after the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, Closing Date or such later date as may be agreed for this purpose between the Association shall requestBank and Hubei Province, a plan for the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion future operation of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this AgreementProject; orand
(ii) afford the operations Bank a reasonable opportunity to exchange views with Hubei Province on said plan.
(a) Hubei Province shall, at the request of ATI are not self-financing; then the Borrower Bank, exchange views with the Bank with regard to progress of the Project, the performance of its obligations under this Agreement and other matters relating to the purposes of the Loan.
(b) Hubei Province shall take all corrective measures necessary promptly inform the Bank of any condition which interferes or threatens to interfere with the progress of the Project, the accomplishment of the purposes of Loan, or the performance by Hubei Province of its obligations under the circumstances, based on the Association’s views on the matterthis Agreement.
Appears in 1 contract
Sources: Project Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MOH, with due diligence and efficiency and in conformity with appropriate administrative, management, financial and public health practices, and sound environmental and social standards acceptable to the Association, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the Projectobjectives of the Project and its sustainability; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through MOT and the Project Provinces with due diligence and efficiency and in conformity with appropriate administrative, management, financial, engineering and road management practices, and sound environmental and social standards, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Borrower and Trade Facilities andthe Association shall otherwise agree, whether or the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than twelve (12) months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement of objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Development Credit Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject, through UCP/PL 480, with due diligence and efficiency and in conformity with appropriate financial, public utility and administrative practices, and with due regard for environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with this Agreement and the Project Operational Manual.
(a) Except as the Association shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association, and furnish such update to the Association not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Association’s approval.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the Project’s objectives; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies the Recipient shall adopt the Project operational manual, satisfactory in form and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory substance to the Association, setting forth rules, methods, guidelines, standard documents and procedures for the carrying out of the Project and Project, including the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Datefollowing:
(i) at least fifty per cent the detailed description of: (50%A) of the Credit has not been withdrawn from the Credit Account Project activities; and (B) institutional arrangements in accordance with the provisions of Schedule 3 to this Agreement; orrespect thereof;
(ii) the operations Project administrative, financial, accounting, auditing, procurement and disbursement procedures, including all relevant standard documents;
(iii) the selection criteria for the MDODs, including the standard service agreements for the contracting of ATI are not self-financingtheir services and the eligibility criteria for the Beneficiary Communities and the Community Subprojects;
(iv) the environmental management plan disclosed to the general public on May 17, 2005 therein setting forth the guidelines and the framework for mitigating potential harmful effects of Community Subprojects’ implementation with respect to, inter alia, cultural property preservation and pest management;
(v) the capacity building and training activities to be carried out for purposes of the Project; then and
(vi) the Borrower shall take all corrective measures necessary under plan for the circumstancesmonitoring, based on evaluation and supervision of the Association’s views on the matterProject.
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through CNLS with due diligence and efficiency and in conformity with appropriate administrative, financial and public health practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or not a member of COMESA, undertakes the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. For the purposes of Section 9.06 (c) of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure future achievement of the continued achievement objectives of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower Without limitation upon the provisions of Section 3.01 of this Agreement, and except as the Recipient and the Association hereby agree that shall otherwise agree, the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower Recipient shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on open an on-going basis, account in accordance with the performance indicators included Francs Guinéens in Schedule 4 to this Agreement and any others that may be satisfactory a commercial bank acceptable to the AssociationAssociation (the Project Account), and thereafter maintain the carrying out Project Account under terms and conditions acceptable to the Association until the completion of the Project and the achievement of the objectives thereofProject;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of deposit into the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
Account: (i) at least fifty per cent an initial amount of GNF 300,000,000 (50%the Initial Deposit) followed six months later by an amount of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this AgreementGNF 375,000,000; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.and
Appears in 1 contract
Sources: Development Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through PMU with due diligence and efficiency and in conformity with appropriate administrative, financial, institutional, engineering and environmental practices and with due regard to ecological and environmental factors, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Bank shall otherwise agree, whether or the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
(a) Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the Project and to be financed out of the proceeds of the GEF Trust Fund Grant shall be governed by the provisions of Schedule 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Bank, and furnish such update to the Bank not a member later than 12 months after the date of COMESAthe preceding Procurement Plan, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethe Bank’s approval.
Section 3.023.03. For the purposes of Section 9.06 9.08 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the AssociationBank, and furnish to the Association Bank not later than six (6) months after before the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the AssociationBank, a plan designed to ensure for the continued achievement future operation of the Project; and
(b) afford the Association Bank a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.033.04. The Borrower and Without limitation to its obligations under Section 3.01 of this Agreement, the Association hereby agree that Recipient shall, for the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 purposes of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shallProject:
(a) maintain policies open and procedures adequate to enable it to monitor thereafter maintain, for the duration of the Project, an account in CFA Francs (the Project Account) in a commercial bank on terms and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be conditions satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereofBank;
(b) prepare, under terms deposit into the Project Account an initial contribution of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary CFA Francs 100,000,000;
(c) within six months of the Effective DateDate deposit into the Project Account an additional contribution of CFA Francs 100,000,000
(d) thereafter deposit in the Project Account, a report integrating at the results end of each Project Semester, until the completion of the monitoring and evaluation activities performed pursuant Project, such amounts as shall be required to paragraph (a) timely replenish the Project Account back to the amount of this SectionCFA Francs 200,000,000, on or whenever the progress achieved in the carrying out balance of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such dateAccount shall be less than CFA Francs 100,000,000; and
(ce) review with ensure that amounts deposited into the Association, by the third anniversary Project Account shall be used exclusively to make payments to meet expenditures made or to be made in respect of the Effective Datereasonable cost of goods, or such later date as works and services for the Association shall request, Project in addition of those financed from the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion proceeds of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterGrant.
Appears in 1 contract
Sources: Global Environment Facility Trust Fund Grant Agreement
Execution of the Project. Section 3.01. (a) The Borrower Recipient declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To Agreement and, to this end, without any limitation or restriction upon any of its other obligations under the Development Credit Agreementshall carry out, through CONADER, the Borrower:
(a) shall duly Project with due diligence and punctually performefficiency and in conformity with appropriate administrative, in accordance with the provisions of the Agreement Establishing ATI financial, technical and the Participation Agreementdemobilization practices, all its obligations therein set forth and shall exercise its rights thereunder in such manner provide, promptly as to protect needed, the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Recipient and Trade Facilities andthe Association shall otherwise agree, whether or not a member the Recipient shall carry out the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement.
(a) Except as the Association shall otherwise agree, procurement of COMESAthe goods, undertakes works, and consultants’ services required for the Project and to grant all transitors and transit traffic freedom be financed out of the proceeds of the MDRP Grant shall be governed by the provisions of Schedule 3 to traverse its territory by any means of transport suitable for that purposethis Agreement, as said provisions may be further elaborated in the Procurement Plan.
(b) The Recipient shall update the Procurement Plan in accordance with guidelines acceptable to the Association.
Section 3.023.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower Recipient shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower Recipient and the Association, a plan designed to ensure the continued achievement of the ProjectProject objective; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower Recipient on said plan.
Section 3.03. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
Section 3.04. The Borrower shall:
(a) maintain policies Within three months from the Date of Effectiveness, the Recipient shall have established a management information system functional and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matter.
Appears in 1 contract
Sources: Trust Fund Grant Agreement
Execution of the Project. Section 3.01. The Borrower (a) ECEPGC declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this the Loan Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject with due diligence and efficiency and in conformity with appropriate administrative, the Borrower:
(a) shall duly financial, engineering, environmental, resettlement, technical, and punctually performpublic utility practices, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and provide, or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and.
(cb) if a member of COMESA, shall at all times comply with Without limitation upon the provisions of paragraph (a) of this Section and except as the COMESA Protocol on Transit Trade Bank and Trade Facilities andECEPGC shall otherwise agree, whether or not a member of COMESA, undertakes ECEPGC shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purposethis Agreement.
Section 3.022.02. For Except as the purposes of Section 9.06 Bank shall otherwise agree, procurement of the General Conditions goods and without limitation thereto, consultants’ services required for the Borrower shall:Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 1 to this Agreement.
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure the continued achievement of the Project; and
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.
Section 3.03. The Borrower and the Association hereby agree that ECEPGC shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 9.07, 9.08 and 9.08 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project Agreement.
(b) For the purposes of Section 3.04. The Borrower 9.08 of the General Conditions and without limitation thereto, ECEPGC shall:
(a) maintain policies and procedures adequate to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators included in Schedule 4 to this Agreement and any others that may be satisfactory to the Association, the carrying out of the Project and the achievement of the objectives thereof;
(bi) prepare, under terms on the basis of reference satisfactory guidelines acceptable to the AssociationBank, and furnish to the Association, on or about Bank not later than six (6) months after the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, Closing Date or such later date as may be agreed for this purpose between the Association shall request, Bank and ECEPGC a plan for the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion future operation of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this AgreementProject; orand
(ii) afford the operations of ATI are not self-financing; then the Borrower Bank a reasonable opportunity to exchange views with ECEPGC on said plan.
Section 2.04. ECEPGC shall take duly perform all corrective measures necessary its obligations under the circumstancesSubsidiary Loan Agreement. Except as the Bank shall otherwise agree, based on ECEPGC shall not take or concur in any action which would have the Association’s effect of assigning, amending, abrogating or waiving the Subsidiary Loan Agreement or any provision thereof.
Section 2.05. (a) ECEPGC shall, at the request of the Bank, exchange views on with the matterBank with regard to the progress of the Project, the performance of its obligations under this Agreement and under the Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan.
Appears in 1 contract
Sources: Project Agreement
Execution of the Project. Section 3.01. The Borrower declares its commitment to the objective objectives of the Project as set forth in Schedule 2 to this Agreement. To , and, to this end, without any limitation or restriction upon any of its other obligations under shall carry out the Development Credit AgreementProject through GRD and DRDs with due diligence and efficiency and in conformity with the Implementation Plan with appropriate financial, administrative, engineering and environmental practices, and shall provide, promptly as needed, the Borrower:
(a) shall duly and punctually perform, in accordance with the provisions of the Agreement Establishing ATI and the Participation Agreement, all its obligations therein set forth and shall exercise its rights thereunder in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit;
(b) shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ATI to realize the purposes resources required for which it was created under the Agreement Establishing ATI, and shall not take or permit to be taken any action which would prevent or interfere with such realization or the fulfillment of the objectives of the Project; and
(c) if a member of COMESA, shall at all times comply with the provisions of the COMESA Protocol on Transit Trade and Trade Facilities and, whether or not a member of COMESA, undertakes to grant all transitors and transit traffic freedom to traverse its territory by any means of transport suitable for that purpose.
Section 3.02. For Except as the purposes Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement.
Section 9.06 3.03. Without limitation upon the provisions of Article IX of the General Conditions and without limitation theretoConditions, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Association not later than six (6) months after the Insurance Facility First Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan designed to ensure for the continued achievement future operation of the Project; and;
(b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.; and
Section 3.03. The Borrower (c) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project shall be carried out by ATI, as applicable under the circumstances, pursuant to Section 2.03 of the Project AgreementAssociation’s comments thereon.
Section 3.04. The Borrower shall:
(a) maintain policies carry out the Implementation Plan with due diligence and procedures adequate to enable it to monitor and evaluate on an on-going basisefficiency;
(b) not later than March 31, in accordance 1997 undertake jointly with the performance indicators included Association a review on the progress achieved in Schedule 4 carrying out the said Plan and the measures recommended to this Agreement and any others that may be satisfactory further such progress; and
(c) thereafter implement all such measures as are required to ensure the achievement of the objectives of the Implementation Plan, taking into consideration the Association’s views on the matter.
Section 3.05. The Borrower shall:
(a) carry out the study under Part C.3 of the Project under terms of reference acceptable to the Association, which shall include the Action Plan as referred to in sub-paragraph (e) of this Section;
(b) promptly after the completion of the study, furnish to the Association a copy of the findings and recommendations including the Action Plan;
(c) afford the Association a reasonable opportunity to comment on the findings and recommendations of the study;
(d) take into account the findings and recommendations of the study in preparing its investment plans and policies for the roads not administered by GRD; and
(e) not later than July 31, 1997, complete the Action Plan under terms of reference acceptable to the Association and thereafter carry out said Plan with due diligence and efficiency.
Section 3.06. The Borrower shall maintain the PIU and its Secretariat including the Project Coordinator with staff, resources and functions acceptable to the Association to coordinate and supervise the carrying out of the Project and the achievement procurement of the objectives thereof;
(b) prepareworks, under terms of reference satisfactory to the Association, goods and furnish to the Association, on or about the third anniversary of the Effective Date, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and
(c) review with the Association, by the third anniversary of the Effective Date, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. Without limiting the generality of the foregoing, in the event that by the third anniversary of the Effective Date:
(i) at least fifty per cent (50%) of the Credit has not been withdrawn from the Credit Account in accordance with the provisions of Schedule 3 to this Agreement; or
(ii) the operations of ATI are not self-financing; then the Borrower shall take all corrective measures necessary under the circumstances, based on the Association’s views on the matterservices thereunder.
Appears in 1 contract
Sources: Development Credit Agreement