Common use of Execution of the Project Clause in Contracts

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 5 contracts

Sources: Loan Agreement, Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at cause the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, Palestinian Authority to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project through PWA with due diligence and efficiency, in accordance conformity with appropriate administrative, economic, engineering, environmental and financial practices and agricultural practicesshall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any the provisions of its other obligations under paragraph (a) of this Section and except as the Loan AgreementRecipient and the Administrator shall otherwise agree, the Borrower Recipient shall cause the State, under contractual arrangements satisfactory Palestinian Authority to carry out the Project through PWA in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) The Recipient shall make the proceeds of the Grant available to the Bank, Palestinian Authority under a Subsidiary agreement to be entered into between the Recipient and the Palestinian Authority under terms and conditions which shall have been approved by the Administrator. (d) The Recipient shall cause the Palestinian Authority: (i) to perform in accordance with the provisions of the Project Agreement, Subsidiary Agreement all of the respective obligations of the State Palestinian Authority therein set forth, shall ; (ii) to take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, Recipient shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Bank Recipient, the Palestinian Authority and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Grant, and, except as the Bank Administrator shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 8.06 of the General Conditions and without limitation thereto, the Recipient, through the Palestinian Authority, shall cause PWA to: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Administrator, and furnish to the Bank by October 31 in each yearAdministrator not later than six (6) months after the Closing Date, or such later date as may be agreed for its review this purpose between the Palestinian Authority and commentthe Administrator, a plan to ensure the proposed POA and budget for continued achievement of the Project and for the Northeast Rural Development Program for the following fiscal yearProject’s objectives; and (iib) afford the Bank Administrator a reasonable opportunity to comment exchange views with the Palestinian Authority on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Trust Fund Grant Agreement, Trust Fund Grant Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives objective of the Project, and, to this end, shall: (a) carry out Part D.2 of the Project, through the UEC, with due diligence and efficiency and in conformity with appropriate administrative, financial, technical, social, engineering and environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for said Part of the Project; (i) cause each Participating Province I through the corresponding SUEP (pursuant to the terms of the corresponding Subsidiary Loan Agreement I, as said term is defined in Section 1.02 (t) of this Agreement) to carry out the pertinent Subproject (as said term is defined in Section 1.02 (o) of this Agreement) and Project activities under Parts A, B and D.1 of the Project as set forth in Schedule 2 to this Agreement(all under the territorial jurisdiction of each Participating Province I), and to this end shall cause: (i) SDR to coordinate (at with the federal level) and issue guidelines related to the carrying out assistance of the Programpertinent Provincial Public Institutions and municipalities (as the case may be), to propose annual budgets for such Program with due diligence and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program efficiency and in a timely mannerconformity with appropriate administrative, financial, technical, social, engineering and environmental practices; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or and/or cause to be taken (as the case may be) all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable each Participating Province I to carry out the State to perform its obligations, corresponding Subproject and shall Project activities under said Parts of the Project; and (iii) not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiariessame; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect cause each Participating Province II (pursuant to the interest terms of the Bank corresponding Subsidiary Loan Agreement II, as said term is defined in Section 1.02 (u) of this Agreement) to carry out the pertinent Project activity under Part A.2 of the Project under the territorial jurisdiction of each Participating Province II), with due diligence and the Borrowerefficiency and in conformity with appropriate administrative, financial, technical, social, engineering and environmental practices; (ii) take and/or cause to be taken (as the case may be) all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable each Participating Province II to carry out the Borrower to comply with its obligations corresponding Project activity under this Agreementsaid Part of the Project; and (iii) achieve not take or permit to be taken any action which would prevent or interfere with the purposes carrying out of the Projectsame. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 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 Project AgreementBank, 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. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, the proposed POA and budget a plan for the Project and for future operation of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower Recipient, through DEAT and DOT, declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall Recipient, through DEAT and DOT, shall, as provided, inter alia, in the Tripartite Agreement referred to in paragraph (c) of this Section, cause SAMSA, in respect of Parts A, D (1), and D (4) of the StateProject, under contractual arrangements satisfactory to and IOC, in respect of Parts B, C, D (2), D (3), and D (4) of the BankProject, to perform in accordance with the provisions of the Project Agreement, Agreement all the respective its obligations of the State therein set forth, shall forth take or and cause to be taken all action, action including the provision of funds, facilities, services and other resources, resources necessary or appropriate to enable the State SAMSA and IOC, respectively, to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; of this Section and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information except as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods Recipient and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amendRecipient shall, abrogate or waive through DEAT and DOT, cause the provisions of Project to be carried out in accordance with the MCR applicable Implementation Program set forth in Schedule 4 to the Programthis Agreement. (gc) Without limitation to its other obligations under this SectionThe Recipient shall, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) abovethrough DOT, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on under terms and conditions satisfactory consistent with the provisions of this Agreement and acceptable to the BankBank (the Tripartite Arrangement) with SAMSA and IOC. (d) The Recipient shall, not later than six months after through DOT, exercise its rights under the date Tripartite Arrangement in such manner as to protect the interests of the Amending Agreement, such agreement Recipient and the Bank and to define accomplish the respective responsibility of SUDENE and EMBRAPA regarding Part H purposes of the Project and Grant, and, except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA the Recipient shall not to assign, amend, abrogate, abrogate or waive the Tripartite Arrangement or fail to enforce any provision of such agreementthereof. (ia) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan GEF Trust Fund Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Recipient, through DEAT and DOT, shall have the Procurement Plan updated in accordance with guidelines acceptable to the Project AgreementBank, 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. Section 3.03. For the purposes of Section 9.08 of the General Conditions and without limitation thereto, the Recipient shall, through DEAT and DOT: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six months after the Closing Date or such later date as may be agreed for this purpose between the Recipient and the Bank, for its review and comment, a plan designed to ensure the proposed POA and budget for sustainability of the Project and for the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford provide the Bank a reasonable opportunity to comment exchange views with the Recipient on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H objective of the Project, all with due diligence and efficiencyand, in accordance with appropriate administrativeto this end, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, ECTEL to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State ECTEL therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State ECTEL to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph (a) above, the The Borrower shall: (i) take all action as shall be required to regulate, in jointly with the other Participating Countries, enter into a manner satisfactory to subsidiary loan agreement with ECTEL, under terms and conditions which have been approved by the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank governing their respective roles in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of Project and making the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; andLoan available to ECTEL. (Fc) The Borrower shall exercise its rights in relation to each Subproject under the Subsidiary Loan Agreement in such manner as to: (i) to protect the interest interests of the Borrower and the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs Subsidiary Loan Agreement or any provision thereof. In case of any subsidies related to conflict among the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) Subsidiary Loan Agreement and those of this Agreement and/or the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms Other Loan and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENECredit Agreements, the Program, in accordance with terms of reference satisfactory to this Agreement and/or the Bank, Other Loan and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsCredit Agreements shall prevail. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused out by ECTEL pursuant to be carried out, by (i) the State in respect Section 2.03 of the State Project, and byProject Agreement.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 and, to this Agreement, and to this end shall causeend: (i) SDR to coordinate shall carry out, respectively: (at the federal levelA) and issue guidelines related to the carrying out Part D of the Program, to propose annual budgets for such Program Project through the MFE; and to take all actions necessary to ensure the availability (B) Part E of the counterpart funds Project through the NERC, all with due diligence and efficiency and in conformity with appropriate administrative, economic, energy, engineering, environmental and technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I E of the Project; and (ivii) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, UHE to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State UHE therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State UHE to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Bank shall otherwise agree, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying carry out the Project available to them in a timely manner; Parts D and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) E of the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (dc) The Borrower shall make the proceeds of the Loan allocated respectively: from time to time to Categories (i1) for purposes of the State Project and (2)(a) available to UHE under a Subsidiary Loan Agreement to be entered into between the State; Borrower and (ii) for Part H of the Project available to EMBRAPA; UHE, under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth which shall have been approved by the Bank which shall include those stipulated in Schedule 5 the Annex to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program;. (Bd) allocate on a priority basis, adequate funds for The Borrower shall exercise its rights under the financing of working capital (custeio) needs Subsidiary Loan Agreement in such manner as to protect the interests of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner , except as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramSubsidiary Loan Agreement or any provision thereof. (ga) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, the procurement of the goods, works goods and services required for the carrying out Parts D and E of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall update the Procurement Plan and furnish such update to the Project AgreementBank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, the proposed POA and budget a plan for the Project future operation of Parts D and for E of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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 Parts A, B and C of the Project shall be carried out, or caused out by UHE pursuant to be carried out, by (i) the State in respect Section 2.03 of the State Project, and byProject Agreement.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 Project, and, to this Agreementend, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, EEHC to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State EEHC therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State EEHC to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) onre-lend the proceeds of the Loan allocated for purposes of to EEHC under a Subsidiary Loan Agreement to be entered into between the credit programs included in Parts D Borrower and I of the Project in accordance with: Agreement; and 1. the EEHC, under terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish acceptable to the Bank, through DTNincluding, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as tointer alia: (i) protect the interest repayment of the Bank principal, and the Borrowerpayment of interest, charges and premium in accordance with Article II of this Agreement; (ii) enable payment of any other charges which may be required by the Borrower to comply with its obligations under this AgreementBorrower; and (iii) achieve foreign exchange risk to be borne by EEHC. (c) The Borrower shall exercise its rights under the Subsidiary Loan Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Project. (f) Unless Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Loan Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, goods and works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused out by EEHC pursuant to be carried out, by (i) the State in respect Section 2.03 of the State Project, and byProject Agreement.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) carry out Parts A and issue guidelines related to the carrying out B of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, social and agricultural environmental practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Parts A and B of the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A and B of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) Without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, NEA to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State NEA therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State NEA to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan Financing allocated respectively: from time to time to Category 3 of the table in paragraph 1 of Schedule 1 to this Agreement available to NEA under a Subsidiary Financing Agreement to be entered into between the Borrower and NEA under terms and conditions satisfactory to the Association, and which shall include: (i) for purposes repayment of principal in twenty-five years with a grace period of five years; (ii) interest at a rate of 10.25% per annum, or such other rate as may be agreed by the State Project available Borrower and NEA, acceptable to the StateAssociation; and (iiiii) for Part H the bearing by the Borrower of the Project available to EMBRAPA; under arrangements satisfactory to the Bankany foreign exchange risks. (e) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Financing Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and the Bank Grant, and, except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Subsidiary Financing Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works works, and consultants’ services required for the carrying out Parts A and B of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Financing shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Part C of the Project, shall be carried out, or caused out by NEA pursuant to be carried out, by (i) the State in respect Section 2.04 of the State Project Agreement. Section 3.04. For the purposes of Section 9.07 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 Association not later than six (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 objectives of Parts A and B of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.05. The Borrower shall, no later than December 31, 2003, prepare and furnish to the Association, a Vulnerable Communities Development Plan (VCDP), satisfactory to the Association, for the purpose of the carrying out of Community Subgrants under Part B of the Project, including, inter alia, guidelines and byprocedures for the informed participation of ethnic and indigenous people, as defined by the laws of the Borrower, and for the preparation, adoption and implementation of culturally appropriate plans to mitigate or offset adverse impact of the Project upon them.

Appears in 2 contracts

Sources: Development Financing Agreement, Development Financing Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Palestinian Authority with due diligence and efficiency, in accordance conformity with appropriate administrative, economic, engineering, educational, financial and agricultural practicesenvironmental practices and shall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any the provisions of its other obligations under paragraph (a) of this Section and except as the Loan AgreementBorrower and the Administrator shall otherwise agree, the Borrower, through the Palestinian Authority, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) The Borrower shall make the proceeds of the Credit available to the Palestinian Authority under a Subsidiary agreement to be entered into between the Borrower and the Palestinian Authority under terms and conditions which shall have been approved by the Administrator. (d) The Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Palestinian Authority: (i) to perform in accordance with the provisions of the Project Agreement, Subsidiary Agreement all of the respective obligations of the State Palestinian Authority therein set forth, shall ; (ii) to take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower, the Palestinian Authority and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Administrator shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish to Section 3.03. For the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version purposes of such budget. (b) In order to assist the EMBRAPA in carrying out Part H Section 9.07 of the ProjectGeneral Conditions and without limitation thereto, the Borrower shall cause EMBRAPAthe Palestinian Authority to: (a) prepare, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of guidelines acceptable to the "Guidelines Administrator, and furnish to the Administrator not later than six (6) months after the Closing Date, or such later date as may be agreed for this purpose between the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank Palestinian Authority and the Borrower hereby agree that Administrator, a plan to ensure the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 continued achievement of the General Conditions Project’s objectives; and (relating b) afford the Administrator a reasonable opportunity to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) exchange views with the State in respect of the State Project, and byPalestinian Authority on said plan.

Appears in 2 contracts

Sources: Trust Fund Credit Agreement, Trust Fund Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, shall cause, through MSES, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Project Agencies to perform each in accordance with the provisions of the their respective Project AgreementAgreements, all the respective obligations of the State Project Agreements therein set forth, shall take or and cause to be taken all action, including the provision of funds (which shall include counterpart funds), facilities, services and other resources, necessary or appropriate to enable the State Project Agencies to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance, or which would limit in any respect organizational, managerial or financial autonomy of Project Agencies. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Bank shall otherwise agree, the Borrower shall, through MSES, carry out the Project and cause each Project Agency to carry out its respective Part in accordance with the Implementation Program set forth in Schedule 5 to this Agreement, and PIP. (c) Without limitation The Borrower, through MSES, shall make part of the proceeds of the Loan available to its obligations the Project Agencies under paragraph (a) aboveseparate Subsidiary Finance Agreements to be entered into between the Borrower and each of the Project Agencies, or eligible RDIs, under terms and conditions which shall have been approved by the Bank and which shall include, inter alia, the Borrower shallfollowing conditions: (i) take all action as the loan proceeds shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project made available to them in BI and other RDIs’– 65% on a timely mannergrant basis and 35% as a loan of the total allocation to BI or an eligible RDI, respectively; and (ii) provide or cause SUDENE the loan proceeds shall be made available to provide advances in Cruzeiros into: (A) an account opened BICRO -- 50% on a grant basis and operated by EMBRAPA; and (B) an account opened and operated by the State, 50% as referred to in Section 2.01 (h) a loan of the Project Agreement; all in a timely manner and in sufficient amounts amount allocated for the purpose of financing the activities under Part H Parts B.2 and B.3 of the Project Project; and 100% on a grant basis of the amount allocated for financing activities under Parts B.1, B.4 and B.5 of the State Project, respectively, as provided in each POA. (d) The Borrower Borrower, shall make exercise its rights under the proceeds Subsidiary Finance Agreements in such manner as to protect the interests of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner , except as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramSubsidiary Finance Agreements or any provision thereof. (ga) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan; and (b) The Borrower shall, through MSES, update the Procurement Plan in accordance with guidelines acceptable to the Project AgreementBank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than two (2) months before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, the proposed POA and budget a plan for the Project and for future operation of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byProject shall be carried out by the Project Agencies pursuant to Section 2.03 of the Project Agreements.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and to this end shall causeend, shall: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA cause to carry out Part H of be carried out, the Project, all through the Project Executing Agencies, with due diligence and efficiency, and in accordance conformity with appropriate administrative, financial financial, and agricultural health practices, and procurement, and environmental standards; and (ii) provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, 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. (c) Without limitation or restriction upon any of its other obligations under this Agreement, the Loan Borrower, through MOHFW, shall cause each Project State and its respective SIS to: (i) execute and furnish to MOHFW a Letter of Undertaking in form and substance satisfactory to the Association; and (ii) carry out their respective activities under the Project in accordance with the relevant Letter of Undertaking and the provisions of this Agreement. (d) Without limitation or restriction upon any of its obligations under this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, take all the respective obligations of the State therein set forth, shall take or cause to be taken all actionactions, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the each Project State and its respective SIS to perform its obligations, all of their respective obligations set forth in this Agreement and in the relevant Letter of Undertaking. The Borrower shall not take or take, nor permit to be taken taken, any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (de) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; establish and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreementsimplement arrangements, satisfactory to the BankAssociation, with each of the Participating Banks, providing to make available for the Participating Bank to: (A) on-lend the proceeds benefit of the Loan allocated for purposes of the credit programs included in Parts D each Project State and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on its respective SIS a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure portion of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations Credit for activities under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit, shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions shall be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order The Borrower, through MOHFW, shall update the Procurement Plan in accordance with guidelines acceptable to assist the EMBRAPA in carrying out Part H Association, and furnish such update to the Association not later than twelve (12) months after the date of the Projectpreceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall cause EMBRAPAshall: (a) prepare, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of guidelines acceptable to the "Guidelines 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 Use Borrower and the Association, a report on the implementation of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by Project; and (b) afford the bank in August 1981Association a reasonable opportunity to exchange views with the Borrower on said reports. Section 3.04. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the Project shall be carried out by each Project State Project, and byits respective SIS pursuant to the terms of their respective Letters of Undertaking.

Appears in 2 contracts

Sources: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end: shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H A of the ProjectProject through the Project Provinces, all with due diligence and efficiency, in accordance with appropriate administrative, financial Part E of the Project through the Ministry of Industry; and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause EVN together with each of PC1, PC2 and PC3 to carry out Parts B, C and D of the StateProject, under contractual arrangements satisfactory to the Bankrespectively; and shall cause each of EVN, PC1, PC2 and PC3 to perform in accordance with the provisions of the Project Agreement, Agreement all the of its respective obligations of the State therein set forth; all with due diligence and efficiency and in conformity with appropriate administrative, management, financial, engineering and public utility practices, and environmental and social standards acceptable to the Association; shall take or provide and cause to be taken provided, promptly as needed, the funds, facilities, services and other resources required for the Project, and shall take and cause each of EVN and PC1, PC2 and PC3 to take all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State each of them to perform its respective obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out Parts A and E of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (a) For purposes of Part A of the Project, the Borrower shall: , through MOF and DAF, make portions of the amount of the Credit allocated from time to time to Categories (i1)(a) take all action as shall be required to regulate, in a manner satisfactory and (2)(a) available to the BankProject Provinces for their respective Project activities, under terms and conditions and onlending instruments acceptable to the funding procedures Association, which will ensure that shall include the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectivelyfollowing: (i) for purposes of each Project Province shall repay to the State Project Borrower, through MOF, the principal amount thus made available to the State; and it over a term of twenty (20) years including a grace period of five (5) years; (ii) for Part H the principal amount so made available to each Project Province and outstanding from time to time shall bear interest at a rate of one percent (1%) per annum; and (iii) the principal amount to be repaid by each Project Province shall the equivalent in Vietnamese Dong (determined as of the Project date or dates respectively of withdrawal from the Credit Account or of payment out of the DAF Special Account, as the case may be) of the value of currency or currencies so withdrawn or paid out in respect of the portion of the Credit allocated to Categories (1)(a) and (2)(a) and made available to EMBRAPA; under arrangements satisfactory to the Banksaid Project Province. (eb) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for For purposes of the credit programs included in Parts B, C and D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the SubloansBorrower shall make available: (i) to PC1, the Beneficiaries, the expenditure portion of the proceeds of the Loan, the goods Credit allocated from time to time to Categories (1)(b) and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower2)(b); (ii) enable to PC2, the Borrower portion of the proceeds of the Credit allocated from time to comply with its obligations under this Agreementtime to Categories (1)(c) and (2)(c); and (iii) achieve to PC3, the portion of the proceeds of the Credit allocated from time to time to Categories (1)(d) and (2)(d); in each case under a subsidiary loan agreement to be entered into between the Borrower, through MOF, and each of PC1, PC2 and PC3, under terms and conditions which shall have been approved by the Association which shall include the following: (i) the principal amount of the Subsidiary Loans repayable by PC1, PC2 and PC3 shall be the equivalent in Dollars (determined as of the date, or respective dates of withdrawal from the Credit Account) of the value of the currency or currencies withdrawn from the Credit Account in respect of the Categories referred to above in this Section 3.02 (b); (ii) PC1, PC2 and PC3 shall repay the Subsidiary Loans over a term of twenty-five(25) years, including a grace period of seven (7) years; (iii) interest at the rate of one percent (1%) per annum shall be charged on the principal amount of the Subsidiary Loans outstanding from time to time; and (iv) a commitment charge at a rate per annum equal to the rate applicable under Section 2.04 of this Agreement shall be charged on the principal amount of the Subsidiary Loans so made available and not withdrawn from time to time. (c) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions any of the MCR applicable to the ProgramSubsidiary Loan Agreements or any provision thereof. (ga) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out Parts A and E.1 (a) of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order The Borrower shall update, and cause to assist the EMBRAPA in carrying out Part H of the Projectbe updated, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected Procurement Plan in accordance with principles and procedures satisfactory guidelines acceptable to the Bank on Association, and furnish such update to the basis Association not later than 12 months after the date of the "Guidelines preceding Procurement Plan, for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Association’s approval. Section 3.04. The Bank 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 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 Parts A and E of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.05. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Parts B, C and D of the Project shall be carried outout by PC1, or caused PC2 and PC3 respectively pursuant to be carried out, by (i) the State in respect Section 2.03 of the State Project, and byProject Agreement.

Appears in 2 contracts

Sources: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, North-East Provincial Council to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State North-East Provincial Council therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State North-East Provincial Council to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall: shall cause the North-East Provincial Council to: (i) take all action as shall be required to regulate, carry out its obligations in a manner satisfactory to accordance with the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; provisions of this Agreement and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all and (ii) implement the Project in a timely manner accordance with the Operational Manual, the Financial Manual, the Environmental Management Framework, and the Social Safeguards Framework, and except as the Association shall otherwise agree, the Borrower shall not amend or waive any provision thereof if, in sufficient amounts for the purpose of financing the activities under Part H opinion of the Project Association, such amendment or waiver may materially and under adversely affect the State implementation of the Project, respectively, as provided in each POA. (da) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project Credit available to the State; North-East Provincial Council in accordance with terms and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory conditions acceptable to the BankAssociation. (eb) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory take adequate and timely measures to ensure that sufficient funds from its own resources are made available to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) onNorth-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 East Provincial Council to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying carry out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works works, consultants’ services, training, and services Sub-grants required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to , as such provisions may be further elaborated in the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order The Borrower shall cause the North-East Provincial Council to assist update the EMBRAPA Procurement Plan in carrying accordance with the terms of reference acceptable to the Association, and furnish such update to the Association not later than twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.04. (a) Without prejudice to the Borrower’s obligations under Section9.04 of the General Conditions to ensure that all goods, works, services, training, and Sub-grants financed out Part H of the Credit proceeds are used exclusively for the Project, the Borrower shall cause EMBRAPAthe North-East Provincial Council to ensure that, under contractual arrangements satisfactory to no circumstances, any proceeds of the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment Credit shall be satisfactory to withdrawn, utilized, or made available for the Bankpayment of any taxes, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank levies, fees, or any other surcharges collected or levied by any group, cadre, entity or other non-governmental organization on goods, works, services, training, or Sub-grants or on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981importation, manufacture, procurement or supply thereof. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, shall carry out the Borrower Project with due diligence and efficiency, and in conformity with appropriate engineering, environmental and administrative practices, and shall cause the StateCWSA to perform, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the CWSA Project Agreement, all the respective obligations of the State CWSA therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services services, and other resources, resources necessary or appropriate to enable the State CWSA to perform its such obligations, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation The Borrower shall make part of the proceeds of the Credit, allocated from time to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory time to the BankDAs and local communities, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available under Grant Agreements to them in be entered into between CWSA and each DA, or between a timely manner; DA and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Projectlocal communities, respectively, under conditions which shall have been approved by the Association, which shall include those set forth in paragraphs 7 and 8 of Schedule 4 to this Agreement. (c) CWSA, DAs, and legally constituted local community groups shall exercise their respective rights under each Grant Agreement in such manner as provided in each POAto protect the interests of CWSA, the DAs, legally constituted local community groups and the Association and to accomplish the purposes of the Credit, and except as the Association shall otherwise agree, the CWSA, the DAs, and legally constituted local community groups shall not assign, amend, abrogate or waive the Grant Agreements or any provision thereof. (d) The Borrower shall make available a portion of the proceeds of the Loan allocated respectively: Credit to CWSA as a grant under a Subsidiary Grant Agreement to be entered into between the Borrower and CWSA (ithe Subsidiary Grant Agreement) for purposes of under such terms and conditions as shall have been approved by the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the BankAssociation. (e) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Grant Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramSubsidiary Grant Agreement or any provision thereof. (gf) Without limitation to its other obligations under upon the provisions of paragraph (a) of this SectionSection and except as the Borrower and the Association shall otherwise agree, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of carry out the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 4 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made governed by the provisions of Schedule 3 to this Agreement. Section 3.03. The Borrower shall, prior to commencing work on any community infrastructure and prior to any displacement of any Affected Persons from such works: (a) undertake the acquisition of all necessary land and other property, compensation therefor and resettlement for such works in accordance with the provisions of Schedule 2 to principles and institutional procedures established in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget.Resettlement Policy; (b) In order ensure that Affected Persons from such works shall be compensated, resettled and rehabilitated in accordance with the Resettlement Policy; (c) for provision of water and sanitation infrastructure involving resettlement of more than 20 persons, prepare and furnish to assist the EMBRAPA Association, a detailed resettlement action plan acceptable to the Association documenting the implementation arrangements for resettlement arising from such works, including compensation, relocation and rehabilitation of Affected Persons; and (d) complete the implementation of such resettlement action plan in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements a manner satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Association. Section 3.04. The Bank and For the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (relating a) prepare, on the basis of guidelines acceptable to insurancethe Association, use of goods and servicesfurnish 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 Borrower and the Association, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) a plan for the State in respect future operation of the State Project, and by; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Sources: Development Credit Agreement, Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Palestinian Authority with due diligence and efficiency, in accordance conformity with appropriate administrative, economic, environmental and financial practices and agricultural practicesshall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any the provisions of its other obligations under paragraph (a) of this Section and except as the Loan Recipient and the Administrator shall otherwise agree, the Recipient, through the Palestinian Authority, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement, the Borrower EMP and the POM. (c) The Recipient shall make the proceeds of the Grant available to the Palestinian Authority under a subsidiary agreement to be entered into between the Recipient and the Palestinian Authority under terms and conditions which shall have been approved by the Administrator. (d) The Recipient shall cause the State, under contractual arrangements satisfactory to the Bank, Palestinian Authority: (i) to perform in accordance with the provisions of the Project Agreement, Subsidiary Agreement all of the respective obligations of the State Palestinian Authority therein set forth, shall ; (ii) to take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, Recipient shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Bank Recipient, the Palestinian Authority and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Grant, and, except as the Bank Administrator shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 8.06 of the General Conditions and without limitation thereto, the Recipient shall cause the Palestinian Authority to: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Administrator, and furnish to the Bank by October 31 in each yearAdministrator not later than six (6) months after the Closing Date, or such later date as may be agreed for its review this purpose between the Palestinian Authority and commentthe Administrator, a plan to ensure the proposed POA and budget for continued achievement of the Project and for the Northeast Rural Development Program for the following fiscal yearProject’s objectives; and (iib) afford the Bank Administrator a reasonable opportunity to comment exchange views with the Palestinian Authority on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Trust Fund Grant Agreement, Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall causeshall: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying carry out Part E.2 of the ProgramProject, to propose annual budgets in consultation with the NCSC, as needed (for such Program and to take all actions necessary to ensure the availability Part E.2 (a) of the counterpart funds for the carrying out of such Program in a timely mannerProject); (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) cause the Participating Banks, through Participating Agreements, States to carry out the credit program included in Parts D and I of their respective activities under the Project; and (iv) EMBRAPA to carry out Part H of , including the ProjectSubprojects, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial banking, financial, technical, auditing, participatory, environmental and agricultural social standards and practices (including gender, youth and indigenous sensitive practices. ), on the part of both the Borrower and the Participating States; and (biii) Without any limitation provide, or restriction upon any of its other obligations under cause the Loan AgreementParticipating States to provide, in a timely manner and as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project, necessary or appropriate including the Subprojects, all with due regard to enable the provisions of the Normatividad and the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceOrganic Law of the Participating States. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to carry out Part E.2 of the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely mannerProject; and (ii) provide or cause SUDENE the Participating States to provide advances carry out their respective activities under Project, including the Subprojects, all in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by accordance with the State, as referred to in Section 2.01 (h) provisions of the Project Implementation Letter, the Operational Manual and the provisions set forth in Schedule 5 to this Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Section 3.02. Without limitation upon the provisions of Section 3.01 of this Agreement, the Borrower shall make the proceeds of the Loan allocated respectivelyshall: (ia) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of to the credit programs included in Parts D and I of Participating States under the Project in accordance with: Agreement; and 1. the particular terms and conditions of an agreement (the Credit Agreement), to be entered into between the Borrower and a Participating State, pursuant to contractual provisions, which shall have been approved by the Bank as set forth in Schedule 5 to this the Operational Manual, including, inter alia, the terms detailed in Part A. 2. to the extent that they are compatible with the provisions (d) (i) of Schedule 5 to this Agreement; and (b) cause each Participating State to transfer to the Judiciary the proceeds referred to in paragraph (a) of this Section under an agreement (the Transfer Agreement) to be entered into between the Participating State and the Judiciary, pursuant to contractual provisions, which shall have been approved by the lending policies and procedures Bank, reflecting the Normatividad, including, inter alia the provisions set forth in the MCR applicable Operational Manual, and the terms detailed in Part A.2. (d) (ii) of Schedule 5 to the Program;this Agreement. (Bc) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as toThe Borrower: (i) protect the interest of the Bank shall exercise its rights and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; the Credit Agreements in such manner as to protect the interests of the Borrower and (iii) achieve the Bank, and to accomplish the purposes of the Project. (f) Unless , including the Subprojects, and, except as the Bank shall otherwise agree, the Borrower shall not amendassign, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. the Credit Agreements; and (iii) The Borrower shall, by not later than June 30, 1993, review, together shall cause the Participating States to exercise their rights and comply with their respective obligations under the Bank Credit Agreements and SUDENE, the ProgramTransfer Agreements, in accordance with terms such manner as to protect the interests of reference satisfactory to the Borrower and the Bank, and shallto accomplish the purposes of the Project, immediately thereafterincluding the Subprojects, if recommended by such reviewand, amend except as the ProgramBank shall otherwise agree, taking into account such recommendationsshall cause the Participating States not to assign, amend, abrogate, waive or fail to enforce the respective Credit Agreements and the Transfer Agreements. (d) The Borrower shall promptly notify the Bank in case of an event of noncompliance by any of the Participating States with the terms and conditions of its respective Credit Agreement or Transfer Agreement. (e) In case of any conflict between the terms of the agreements referred to in paragraphs (a) and (b) of this Section 3.02. and those of this Agreement, the terms of this Agreement shall prevail. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of Project, under the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit Program, shall be made in accordance with governed by the provisions of Schedule 2 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Borrower shall, in close consultation with the Participating States, update the Procurement Plan in accordance with terms of reference acceptable to the Project AgreementBank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.04. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and commenta plan designed to ensure the sustainability of the Project, including the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal yearSubprojects; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 Project, and, to this Agreementend, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall: (i) carry out Part A.2 of the Borrower shall Project through MDFO; and (ii) cause LLDA to carry out Parts A.1, A.3 and B of the StateProject, under contractual arrangements satisfactory in accordance to the provisions of the Institutional Memorandum of Agreement, all with due diligence and efficiency and in conformity with appropriate administrative, financial and engineering practices and sound environmental and social standards acceptable to the Bank, to perform in accordance with and shall provide, promptly as needed, the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligationsexecution of the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance.; (cb) Without limitation to its obligations under paragraph (a) abovethrough MDFO, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying carry out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H A.2 of the Project and under the State Projectshall cause LLDA to perform Parts A.1, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; A.3 and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I B of the Project in accordance with: Agreement; and 1. (A) the terms and conditions Implementation Program set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 4 to this Agreement; and (B) the Operations Manual. (c) shall enter into an Institutional Memorandum of Agreement with DOF, DENR and LLDA, setting forth their respective responsibilities for the lending policies implementation of the Project , under terms and procedures set forth in the MCR applicable conditions satisfactory to the ProgramBank; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (Fd) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; the Institutional Memorandum of Agreement in such manner as to protect the interests of the Borrower and (iii) achieve the Bank, and to accomplish the purposes of the Project. (f) Unless Loan, and, except as the Bank shall otherwise agree, the Borrower shall not change, assign, amend, abrogate or waive the Institutional Memorandum of Agreement, or any provision thereof. In case of any conflict between the provisions of this Agreement and those of the MCR applicable to the Program. (g) Without limitation to its other obligations under this SectionInstitutional Memorandum of Agreement, the Borrower provisions of this Agreement shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsprevail. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out Part A.2 of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Annex 1 to Schedule 2 4 to the Project this Agreement. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, a plan designed to ensure the proposed POA and budget for continued achievement of the Project and for objectives of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower Hunan declares its it commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and and, to this end end, shall cause: (i) SDR carry out, and shall cause to coordinate (at be carried out by the federal level) Project Municipalities and issue guidelines related to the carrying out of Project Companies, the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering and agricultural public utility practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory and social and environment standards acceptable to the Bank, to perform in accordance with the provisions of the Project Agreementand shall provide, all the respective obligations of the State therein set forth, shall take 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 the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fb) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive Without limitation upon the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (ea) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project this Section and except as the Bank and Hunan shall otherwise agree, Hunan shall carry out, and shall cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENEbe carried out, the Program, Project in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 2 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.022.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each yearHunan shall carry out, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that carried out, the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried outin respect of this Agreement. (b) For the purposes of Section 9.07 of the General Conditions and without limitation thereto, or caused to be carried out, by Hunan shall: (i) prepare, on the State in respect basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Bank and Hunan, a plan for the continued achievement of the State objectives of the Project, and by; and (ii) afford the Bank a reasonable opportunity to exchange views with Hunan on said plan.

Appears in 2 contracts

Sources: Project Agreement, Project Agreement

Execution of the Project. (a) The Borrower Comoros declares its commitment to the objectives of the Project as set forth in Schedule 2 to the GEF Trust Fund Grant Agreement (and reprinted as Schedule 2 to this Agreement), and, to this end, shall, through DNRH, provide assistance in the implementation of Parts A, D, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out F of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, conservation and agricultural biodiversity practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and with due regard to ecological and environmental factors, and shall cause the Stateprovide, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all actionprovided, including promptly as needed, the provision of funds, facilities, services and other resourcesresources required for assistance in the implementation of Parts A, necessary or appropriate to enable the State to perform its obligationsD, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes F of the Project. (fb) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive Without limitation upon the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (ea) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project this Section and except as the Bank and Comoros shall otherwise agreeagree in consultation with Regional Policy Steering Committee (RPSC), cause SUDENE Comoros shall assist in the implementation of Parts A, D, and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision F of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, Project in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 1 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.022.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan GEF Trust Fund Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project GEF Trust Fund Grant Agreement, as said provisions may be further elaborated in the Procurement Plan. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying Comoros shall carry out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried outin respect of this Project Agreement. (b) For the purposes of Section 9.08 of the General Conditions and without limitation thereto, or caused to be carried out, by Comoros shall: (i) prepare, on the State in respect basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Bank and Comoros, a plan for the future sustainability of the State Project; and (ii) afford the Bank a reasonable opportunity to exchange views with Comoros on said plan. Section 2.04. Comoros shall duly perform all its obligations under the Project Agreement. Except as the Bank shall otherwise agree, Comoros shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Project Agreement or any provision thereof. Section 2.05. (a) Comoros shall, at the request of the Bank, exchange views with the Bank with regard to progress of the Project, the performance of its obligations under this Agreement and byother matters relating to the purposes of the GEF Trust Fund Grant.

Appears in 2 contracts

Sources: Project Agreement, Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: carry out, and shall cause various implementing agencies (i) SDR to coordinate (at the federal level) including provincial councils, districts, statutory authorities, and issue guidelines related to the carrying out of the Programgovernment departments), to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, undertake their respective obligations to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial environmental, technical, and agricultural public health policies, guidelines, practices, rules, regulations, and laws, and shall provide, promptly as needed, the funds, facilities, services, and other resources required for the Project. (b) Without any limitation or restriction upon any the provisions of its other obligations under paragraph (a) of this Section and except as the Loan AgreementBorrower and the Association shall otherwise agree, the Borrower shall shall: (i) implement the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement and the Environmental and Social Framework; (ii) make all efforts required on its part to cause various implementing agencies (including provincial councils, districts, statutory authorities, and government departments) to undertake their respective obligations to carry out the State, under contractual arrangements satisfactory to the Bank, to perform Project in accordance with the provisions of this Agreement and the Project AgreementEnvironmental and Social Framework; and (iii) take, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State various implementing agencies (including provincial councils, districts, statutory authorities, and government departments) to perform its obligationstheir respective obligations to carry out the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works works, and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Financing shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as these provisions may be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order The Borrower shall update the Procurement Plan in accordance with guidelines acceptable to assist the EMBRAPA in carrying out Part H Association, and furnish such update to the Association not later than twelve (12) months after the date of the Projectpreceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall cause EMBRAPAshall: (a) prepare, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of guidelines acceptable to the "Guidelines 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 Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank Borrower and the Borrower hereby agree that the obligations set forth in Sections 9.04Association, 9.05, 9.06, 9.07, 9.08 and 9.09 a plan to ensure continued achievement of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect objectives of the State Project, and by; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 2 contracts

Sources: Development Financing Agreement, Development Financing Agreement

Execution of the Project. (a) The Borrower Karnataka declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Development Credit Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, environmental and agricultural public health practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation upon the provisions of paragraph (a) of this Section and except as the Association and Karnataka shall otherwise agree, Karnataka shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to this Agreement. (c) Except as the Association may otherwise agree, Karnataka shall, in accordance with arrangements and procedures satisfactory to the Association, make available to the DOHFW, the Districts and the PRIs, proceeds of the Credit made available to Karnataka by the Borrower, as well as additional funds from Karnataka’s own resources required for effective and timely implementation of the Project. (d) Without limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all for the respective obligations purpose of implementation of its relevant activities under the State therein set forthProject, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower Karnataka shall: (i) take all action as shall be required to regulaterely upon existing arrangements with each District and PRI, in a manner including the Panchayat Raj Act of 1993, which are satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely mannerAssociation; and (ii) provide or cause SUDENE each District and PRI to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the carry out its respective activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms with such arrangements, and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 1 to this Agreement, as such provisions shall be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order to assist Karnataka shall update the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected Procurement Plan in accordance with principles and procedures satisfactory guidelines acceptable to the Bank on Association not later than twelve (12) months after the basis date of the "Guidelines preceding Procurement Plan, for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Association’s approval. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 2 contracts

Sources: Project Agreement, Project Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall causeend: (i) SDR to coordinate (at the federal level) shall carry out Parts B and issue guidelines related to the carrying out C of the ProgramProject through the MOEW with due diligence and efficiency and in conformity with appropriate administrative, economic, engineering, technical and water management practices and with due regard to propose annual budgets for such Program ecological and to take all actions necessary to ensure environmental factors as stipulated in the availability Bucharest Convention on the Protection of the counterpart funds Black Sea Against Pollution and the Ramsar Convention on Wetlands, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise Parts B and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I C of the Project; and (ivii) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan GEF Trust Fund Grant Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory MOB to carry out Part A of the Bank, to Project and perform in accordance with the provisions of the MOB Project Agreement, Agreement all the respective obligations of the State MOB therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State MOB to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; of this Section and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information except as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods Recipient and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower Recipient shall carry out Parts B and C of the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) The Recipient shall make the proceeds of the GEF Trust Fund Grant allocated from time to time for Part A of the Project available to the MOB, and for Parts B and C of the Project to the MOEW and the WD, respectively, in both cases on a grant basis and under the terms of an Implementation Grant Agreement. (d) The Recipient shall exercise its rights under the Implementation Grant Agreement in such manner as to protect the interests of the Recipient and the Bank and to accomplish the purposes of the GEF Trust Fund Grant, and, except as the Bank shall otherwise agree, the Recipient shall not amend, abrogate or waive the provisions of the MCR applicable to the ProgramImplementation Grant Agreement or any provision thereof. (ga) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out Parts B and C of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan GEF Trust Fund Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Recipient, through the MOEW, shall update the Procurement Plan for Parts B and C of the Project in accordance with guidelines acceptable to the Project AgreementBank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. For the purposes of Section 9.07 (c) of the General Conditions and without limitation thereto, the Recipient, through the MOEW, shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Recipient and the Bank, for its review a plan designed to ensure the future sustainability of Parts B and comment, C of the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment exchange views with the Recipient on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank and the Borrower Recipient hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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 Part A of the Project shall be carried out, or caused out by the MOB pursuant to be carried out, by (i) the State in respect provisions of Section 2.03 of the State Project, and byMOB Project Agreement.

Appears in 2 contracts

Sources: Gef Trust Fund Grant Agreement, Global Environment Facility Trust Fund Grant Agreement

Execution of the Project. (a) Section 3.01. The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: cause the Federation to carry out the Project through MORSA, with due diligence and efficiency and in accordance with the Implementation Program set forth in Schedule 3 to this Agreement, as such Implementation Program shall be modified from time to time by the agreement of the Recipient and the Administrator. (ia) SDR to coordinate (at the federal level) and issue guidelines related to For purposes of the carrying out of the ProgramProject, to propose annual budgets for such Program and to take all actions necessary to ensure the availability Recipient shall provide the proceeds of the counterpart funds for Grant to the carrying out of Federation under a Subsidiary Grant Agreement to be entered into between the Recipient and the Federation under terms and conditions which shall have been approved by the Administrator, which shall include those described in the Implementation Program set forth in Schedule 3 to this Agreement, as such Implementation Program in a timely manner; (ii) SUDENE shall be modified from time to coordinate (at time by the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I agreement of the Project; Recipient and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practicesAdministrator. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower The Recipient shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Grant Agreement in such manner as to: (i) to protect the interest interests of the Bank Recipient and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Grant, and except as the Bank Administrator shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Grant Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreementthereof. (a) The Borrower shall: Recipient shall cause the Federation to maintain records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Federation responsible for carrying out the Project or any part thereof. (b) The Recipient shall cause the Federation to: (i) have the records and accounts referred to in paragraph (a) of this Section and those for the Special Account for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Administrator; (ii) furnish to the Bank by October 31 Administrator as soon as available, but in any case not later than six (6) months after the end of each such year, for its review the report of such audit by said auditors, of such scope and comment, in such detail as the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal yearAdministrator shall have reasonably requested; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and and (iii) furnish to the Bank by January 1 Administrator such other information concerning said records and accounts and the audit thereof as the Administrator shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the Grant Account were made on the basis of statements of expenditure, the Recipient shall cause the Federation to: (i) maintain or cause to be maintained, in each accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures; (ii) retain, until at least one year after the administrative regulation approving Administrator has received the POA audit report for the fiscal year in which is being initiated on the last withdrawal from the Grant Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such date expenditures; (iii) enable the Administrator’s representatives to examine such records; and (iv) ensure that such records and by March 15 accounts are included in each year the final approved version of such budget. annual audit referred to in paragraph (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience this Section and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth report of such audit contains a separate opinion by said auditors as to whether the statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in Sections 9.04their preparation, 9.05, 9.06, 9.07, 9.08 and 9.09 of can be relied upon to support the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byrelated withdrawals.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 Project, and, to this Agreementend, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, ECTEL to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State ECTEL therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State ECTEL to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph (a) above, the The Borrower shall: (i) take all action as shall be required to regulate, in jointly with the other Participating Countries, enter into a manner satisfactory to subsidiary loan agreement with ECTEL, under terms and conditions which have been approved by the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank governing their respective roles in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of Project and making the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; andLoan available to ECTEL. (Fc) The Borrower shall exercise its rights in relation to each Subproject under the Subsidiary Loan Agreement in such manner as to: (i) to protect the interest interests of the Borrower and the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs Subsidiary Loan Agreement or any provision thereof. In case of any subsidies related to conflict among the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) Subsidiary Loan Agreement and those of this Agreement and/or the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms Other Loan and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENECredit Agreements, the Program, in accordance with terms of reference satisfactory to this Agreement and/or the Bank, Other Loan and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsCredit Agreements shall prevail. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused out by ECTEL pursuant to be carried out, by (i) the State in respect Section 2.03 of the State Project, and byProject Agreement.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: carry out, through MOG, Parts A (i) SDR to coordinate (at the federal level1) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level3), supervise B, C, D, E and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I F of the Project; and (iv) EMBRAPA to carry out Part H , with the assistance of the ProjectProject Companies as hereinafter provided, and Part A (2) of the Project through MOF, with the assistance of MOG, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, petroleum industry, training and financial practices and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreementshall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make available the portion of the proceeds of the Loan allocated respectively:to Categories (1) (a) and (3) (ia) for purposes of in the State Project available table in Schedule 1 to this Agreement to the State; Project Companies under a subsidiary agreement (the Subsidiary Agreement) to be entered into between the Borrower and (ii) for Part H each of the Project available to EMBRAPA; Companies, under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, terms and conditions which shall enter into agreements, satisfactory to have been approved by the Bank, with each of the Participating Banksincluding provisions on procurement, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D project accounting and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreementaudit, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure use of the proceeds of the Loan, consultants’ services, right of the goods Bank to supervise directly the execution of the Project, reporting requirement, insurance and services financed out of such proceeds and the repayment performance of Beneficiaries; andcost recovery. (Fc) The Borrower shall exercise its rights in relation to under each Subproject Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Borrower and the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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 Parts B (1) and (2) of the Project shall be carried outout by each Project Company pursuant to the provisions of the Subsidiary Agreements. Section 3.04. The Borrower shall ensure that the PIU is at all times headed by a high ranking official of MOG, assisted by a coordinator with qualifications, terms of reference and experience satisfactory to the Bank, who shall be also assisted by qualified staff in adequate numbers and by consultants, acceptable to the Bank, advising on the following matters: procurement, disbursements, training and general project coordination and supervision. (a) The Borrower shall: (i) carry out all studies included in the Project under terms of reference satisfactory to the Bank which, when applicable, shall include specific programs or caused plans of action to meet the objectives of the Project; (ii) promptly after the completion of each study, furnish to the Bank copy of its findings and recommendations including such programs or plans of action; and (iii) afford the Bank a reasonable opportunity to comment on such findings, recommendations and programs or plans of action. (b) The Borrower undertakes to carry out the programs and plans of action referred to in paragraph (a) of this Section as required to meet the objectives of the Project as set forth in Schedule 2 to this Agreement and to take into account the findings and recommendations of the studies included under the Project in its future investment plans in the petroleum and gas sectors. Section 3.06. Regarding the training programs to be carried outout under the Project, by the Borrower shall: (ia) establish a training center (the State in respect Training Center) responsible for the execution of Part C of the State Project; (b) establish an advisory board (the Advisory Board), satisfactory to the Bank, including representatives of the Project Companies and other petroleum sector enterprises, to advise the Borrower on the content, scope and timing of the training programs to be carried out under the Project and assist in the supervision and evaluation of such programs; (c) after the Advisory Board has evaluated and approved the training programs to be carried out under the Project, furnish to the Bank for approval the content of each of such programs as well as the schedule for its implementation; (d) select the beneficiaries of such training programs in accordance with criteria satisfactory to the Bank; (e) not later than September 30 of each year, exchange views with the Bank on the training programs to be carried out in the following calendar year; and (f) furnish to the Bank a report of such scope and detail as the Bank shall reasonably request, on the results of each training program and the benefits to be derived therefrom. Section 3.07. Not later than June 30 and December 31 of each year, the Borrower shall prepare and furnish to the Bank a list of the proposed investments to be reviewed under Part A (3) of the Project. Section 3.08. Not later than January 31, 1995, the Borrower shall prepare and furnish to the Bank a plan, satisfactory to the Bank, defining the scope of restructuring and privatization actions to be taken by the Borrower with regard to the petroleum sector. Such plan shall include a timetable for the execution of such actions. (a) Not later than July 31, 1995, the Borrower and the Bank shall exchange views on the progress achieved in carrying out the Project, and bythe plan referred to in Section 3.08 of this Agreement. (b) Prior to such exchange of views, the Borrower shall furnish to the Bank for its review and comment a report on the progress achieved in carrying out the Project and such plan, in such detail as the Bank shall reasonably request. (a) The Borrower shall establish arrangements, satisfactory to the Bank, to recover the cost of legal and invest- ment technical assistance services provided under the Project for the benefit of juridically independent petroleum sector enterprises. (b) As part of the foregoing, the Borrower shall establish and apply a fee system, satisfactory to the Bank, for the training provided under the Project, which will allow the Borrower to recover the reasonable cost of all expenditures incurred by the Borrower in providing training services to the staff of such petroleum sector enterprises.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. Section 3.01. The following new section is added at the end of Article III of each Selected Legal Agreement: (a) The Borrower Sri Lanka declares its commitment to the objectives of Part Z of the Project as set forth in Schedule 2 to this Agreement, and (as amended by the Part Z Amendment) and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; shall cause various implementing agencies (including provincial councils, districts, statutory authorities, government departments, and (ivnon-governmental organizations and other entities) EMBRAPA to undertake their respective obligations to carry out Part H Z of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial environmental, technical, and agricultural public health practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part Z of the Project. (b) Without any limitation or restriction upon any the provisions of paragraph (a) of this Section and except as Sri Lanka and the Association shall otherwise agree, Sri Lanka shall: (i) Project in accordance with the Implementation Program for Part Z set forth in Schedule 100 to this Agreement (as amended by the Part Z Amendment) and the Environmental and Social Framework; (ii) make all required efforts on its part to cause various implementing agencies (including provincial councils, districts, statutory authorities, government departments, non-governmental organizations and other entities) to undertake their respective obligations under to carry out Part Z of the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform Project in accordance with the provisions of this Agreement and the Project AgreementEnvironmental and Social Framework; and (iii) take, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State various implementing agencies (including provincial councils, districts, statutory authorities, government departments, non-governmental organizations, and other entities) to perform its obligationstheir respective obligations to carry out Part Z of the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 this Agreement relating to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works works, and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Financing shall apply to all Parts of the Project except for Part Z. Except as the Association shall otherwise agree, procurement of the goods, works, and services required for Part Z of the Project and to be financed out of the proceeds of the Financing shall be made in accordance with governed by the provisions of Schedule 2 99 to the Project Agreement. this Agreement (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and as amended by the World Bank as Executing Agency" published by the bank in August 1981Part Z Amendment). Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Agreement Amending Selected Legal Agreements

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall causeend: (i) SDR to coordinate (at the federal level) shall carry out Parts A.4, B, C, E, F and issue guidelines related to the carrying out G of the ProgramProject with due diligence and efficiency and in conformity with appropriate agricultural, to propose annual budgets engineering, educational, environmental, public health, administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in those Parts D and I of the Project; and (ivii) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, ABS and STPC to perform in accordance with the provisions of the respective Project Agreement, Agreements all the respective obligations of the State ABS and STPC, respectively, therein set forth, shall take or and cause to be taken all actionactions, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State ABS and STPC, respectively, to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make relend, out of the proceeds of the Loan allocated respectivelyCredit: (i) for purposes an amount not exceeding the equivalent of SDR 11,130,000 to ABS under a subsidiary loan agreement to be entered into between the State Project available to the State; Borrower and (ii) for Part H of the Project available to EMBRAPA; ABS, under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to which shall have been approved by the extent that they are compatible with Association and which shall include charges at the provisions rate of Schedule 5 to this Agreementfourteen percent (14%) per annum, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basisrepayment over ten years, adequate funds for the financing including two years of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CARgrace, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of foreign exchange risk to be borne by the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of BeneficiariesBorrower; and (Fii) an amount not exceeding the equivalent of SDR 8,550,000 to STPC under a subsidiary loan agreement to be entered into between the Borrower and STPC, under terms and conditions which shall have been approved by the Association and which shall include charges at the rate of nineteen percent (19%) per annum, repayment over twenty years, including five years of grace, and the foreign exchange risk to be borne by the Borrower. (c) The Borrower shall exercise its rights in relation to each Subproject under the ABS and STPC Subsidiary Loan Agreements, respectively, in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Loan Agreements or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, : (a) procurement of the goods, works and consultants’ services required for the carrying out Parts A.4, B, C, E, F and G of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement; and (b) procurement of the goods and works required for Part A.1-3 of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of the Schedule to the ABS Project Agreement; (c) procurement of the goods, works and consultants’ services required for Part D of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of the Schedule to the STPC Project Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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) shall be carried outout by ABS and STPC, or caused respectively, pursuant to Sections 2.03 of the ABS and STPC Project Agreements, respectively, for Parts A.1-3 and D of the Project. Section 3.04. In carrying out Part A.4 of the Project, the Borrower shall: (a) make available the fuel acquired under the Project to its Ministry of Agriculture to replace stocks used during the flood emergency activities; (b) sell the fertilizers, spare parts and jute sacks acquired under the Project to agricultural corporations; and (c) deposit the Sudanese Pounds generated by such sales into separate account to be carried out, by (i) opened in the State in respect name of the State Ministry of Finance and Economic Planning with the Bank of Sudan and to be used to finance the local costs of development projects included in the Borrower’s budget. Section 3.05. In carrying out Part E.2 of the Project, the Borrower shall cause the Khartoum Commissionerate to distribute the low-income housing construction materials to beneficiaries who meet the eligibility criteria agreed upon between the Borrower and bythe Association.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower Maharashtra declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and and, to this end end, shall causecarry out: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part A of the Project; and (ivii) EMBRAPA cause to carry be carried out Part H B of the ProjectProject through the Board, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering and agricultural public utility practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and shall cause the Stateprovide, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Bank and Maharashtra shall otherwise agree, the Borrower shall: (i) take all action as Maharashtra shall carry out or cause to be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying carried out the Project available in accordance with the Implementation Program set forth in Schedule 2 to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project this Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower Section 2.02. Maharashtra shall make relend an amount equivalent to $170,000,000 to the Board out of the proceeds of the Loan allocated respectively: (i) for purposes of made available by the State Project available Borrower to the State; Maharashtra, under terms and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, conditions which shall enter into agreements, satisfactory to have been approved by the Bank, with each of the Participating Bankswhich shall, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall may otherwise agree, cause SUDENE and EMBRAPA include interest at a rate not less than the prevailing standard rate of interest applicable to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory loans from Maharashtra to the BankBoard (and in no event less than 9% per annum) on the principal amount so relent and withdrawn by the Board and outstanding from time to time, and shallrepayment over a period of twenty years, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsincluding therein a period of grace of five years. Section 3.022.03. Except as the Bank shall otherwise agree, procurement pro- curement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981this Agree- ment. Section 3.042.04. The Bank and the Borrower hereby agree that Maharashtra shall carry out or cause to be carried out the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project Agreement. Section 2.05. (a) Maharashtra shall, at the request of the Bank, exchange views with the Bank with regard to progress of the Project, and bythe performance of its obligations under this Agreement other matters relating to the purposes of the Loan.

Appears in 1 contract

Sources: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end, shall: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out its (including ICT’s) activities under the credit program included in Parts D Project through CW, FANA’s activities under the Project through FANA’s Directorate of Education, and I FATA’s activities under the project through FATA’s Directorate of the Project; and (iv) EMBRAPA to carry out Part H of the ProjectEducation, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural educational practices., and shall provide, promptly as needed, the funds, facilities, services and other resources required for its (including ICT’s, FANA’s and FATA’s) activities under the Project; (bii) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Provinces and AJK to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State Provinces and AJK therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Provinces and AJK to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) above, of this Section and except as the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Association shall otherwise agree, the Borrower shall, and shall not amend, abrogate or waive cause the provisions of Provinces and AJK to carry out the MCR applicable Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement and the ProgramPIP. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (ic) The Borrower shall, by not later than June 30, 1993, review, together with shall make amounts out of the Bank proceeds of the Credit and SUDENE, the Program, DfID Grant available to the Provinces and AJK from time to time in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsits standard budgetary procedures. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit and the DfID Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Bank by October 31 in each yearAssociation not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, for its review and comment, a plan designed to ensure the proposed POA and budget for sustainability of the Project and for the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank Association a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 their activities under the Project shall be carried out, or caused out by the Provinces and AJK pursuant to be carried out, by (i) the State in respect Section 2.03 of the State Project, and byProject Agreement.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. Section 3.01. The following new section is added at the end of Article III of each Selected Legal Agreement: (a) The Borrower Sri Lanka declares its commitment to the objectives of Part Z of the Project as set forth in Schedule 2 to this Agreement, and (as amended by the Part Z Amendment) and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; shall cause various implementing agencies (including provincial councils, districts, statutory authorities, government departments, and (ivnon-governmental organizations and other entities) EMBRAPA to undertake their respective obligations to carry out Part H Z of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial environmental, technical, and agricultural public health practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part Z of the Project. (b) Without any limitation or restriction upon any the provisions of paragraph (a) of this Section and except as Sri Lanka and the Association shall otherwise agree, Sri Lanka shall: (i) Project in accordance with the Implementation Program for Part Z set forth in Schedule 100 to this Agreement (as amended by the Part Z Amendment) and the Environmental and Social Framework; (ii) make all required efforts on its part to cause various implementing agencies (including provincial councils, districts, statutory authorities, government departments, non- governmental organizations and other entities) to undertake their respective obligations under to carry out Part Z of the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform Project in accordance with the provisions of this Agreement and the Project AgreementEnvironmental and Social Framework; and (iii) take, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State various implementing agencies (including provincial councils, districts, statutory authorities, government departments, non-governmental organizations, and other entities) to perform its obligationstheir respective obligations to carry out Part Z of the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 this Agreement relating to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works works, and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Financing shall apply to all Parts of the Project except for Part Z. Except as the Association shall otherwise agree, procurement of the goods, works, and services required for Part Z of the Project and to be financed out of the proceeds of the Financing shall be made in accordance with governed by the provisions of Schedule 2 99 to the Project Agreement. this Agreement (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and as amended by the World Bank as Executing Agency" published by the bank in August 1981Part Z Amendment). Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Agreement Amending Selected Legal Agreements

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall causeend: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to shall carry out the credit program included Project with due diligence and efficiency and in Parts D conformity with appropriate financial, technical, administrative, engineering and I of environmental practices, and shall provide promptly as needed, the funds, facilities, services and other resources required for the Project; and (ivii) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, each MG Municipality to perform in accordance with the provisions of the Project Agreement, their individual Grant Participation Agreement all the respective obligations of the State municipalities therein set forth, shall take or and cause to be taken all actionactions, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State municipalities to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance.; (b) Without limitation upon the provisions of paragraph (a) of this Section and, except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement; (c) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and, except as the Borrower and the Association shall otherwise agree, the Borrower shall assist the municipalities in carrying out Part B of the Project in accordance with the terms and conditions Implementation Program set forth in the Grant Participation Agreements; and (d) For the purposes of Part B of the Project, the Borrower shall: (i) take all action make available part of the proceeds of the Credit under Category 1, 2 (ab) and , 3 (b) of the table in paragraph A of Schedule 1 to this Agreement and 4(b)to the municipalities as shall grants under a subsidiary agreement to be required to regulate, in a manner satisfactory to entered into between the Bank, Borrower and each MG Municipality (the funding procedures Grant Participation Agreement) under terms and conditions which will ensure that the Executing Entities shall have been approved by the funds required for carrying out the Project available to them in a timely mannerAssociation; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Grant Participation Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Bank by October 31 in each yearAssociation not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, for its review and comment, a plan designed to ensure the proposed POA and budget for sustainability of the Project and for the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank Association a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank and Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower hereby agree that shall: (a) open and thereafter maintain, until the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 completion of the General Conditions Project, an account (relating the Project Account) in Meticais, in a commercial bank acceptable to insurancethe Association, use on terms and conditions satisfactory to the Association; (b) deposit, no later than 60 days after the Date of goods and servicesEffectiveness, plans and schedules, records and reports, maintenance and land acquisition, respectivelyan initial amount in Meticais equivalent to $12,000_____ (Initial Deposit) into such account to finance the Borrower’s contribution to the Project; (c) thereafter deposit into the Project Account by the first day of each quarter each year during Project implementation such amounts as shall be carried out, or caused required and agreed upon with the Association to be carried out, by timely replenish the Project Account back to the amount of the Initial Deposit referred to in paragraph (b); (d) use the funds in the Project Account exclusively to finance expenditures under the Project; and (e) cause each MG Municipality to: (i) open and maintain, in Meticais, in one or more commercial banks acceptable to the State Association, a Municipal Project Account, on terms and conditions satisfactory to the Association, in respect the name of each MG Municipality to be used by such MG Municipality as the MG Municipality’s counterpart contribution to the costs of Part B of the State Project; and (ii) deposit into each Municipal Project Account, and byan initial amount sufficient to cover the counterpart funds contribution to the Project for each MG Municipality as determined by its Aannual MG Iinvestment Pplan.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall: (i) carry out Part C of the Borrower shall Project, through Central Bank; (ii) cause CORFO to carry out Part A of the StateProject, under contractual arrangements satisfactory as its financial agent, and to the Bankperform, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State CORFO therein set forth; (iii) take, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State CORFO to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance; (iv) carry out Part B of the Project with the assistance of Central Bank, SVS, SAFP and SBIF; and (v) provide promptly as needed the funds, facilities and other resources required for purposes of carrying out Parts B and C of the Project. (cb) Without limitation to The Borrower shall designate CORFO as its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required financial agent for purpose of carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H A of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the portion of the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H A of the Project available to EMBRAPA; CORFO, as the administrator of such funds, under arrangements satisfactory a Funds Transfer Arrangement to be entered into between the Borrower and CORFO, under terms and conditions which shall have been approved by the Bank. (ec) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory exercise its rights under the Funds Transfer Arrangement in such manner as to protect the Bank, with each interests of the Participating Banks, providing for Borrower and the Participating Bank to: (A) on-lend and to accomplish the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; Loan, and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information except as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, agree the Borrower shall not fail to enforce, assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramFunds Transfer Arrangement or any provision thereof. (ga) Without limitation The Borrower and the Bank shall from time to its other obligations under time, at the request of either party, exchange views on the progress achieved in carrying out the Program and the Actions specified in Schedule 5 to this SectionAgreement. (b) Prior to each such exchange of views, the Borrower shall provide the funds necessary to finance the costs of any subsidies related furnish to the terms of onlending referred to in paragraph (e) aboveBank for its review and comment, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date a report of the Amending Agreementprogress achieved in carrying out the Program, in such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except detail as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsreasonably request. Section 3.023.03. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating respectively to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of Part A of the Project shall be carried outout by CORFO pursuant to Section 2.04 of the Project Agreement. Section 3.05. Prior to June 30, 1990, the Borrower shall review and discuss with the Bank the scope of work and functioning of the SVS Unit. The Borrower shall take whatever measures are necessary or caused appropriate to improve the monitoring ability of such unit if such measures are identified and agreed upon by the Borrower and the Bank as a result of any such review. Section 3.06. Prior to September 30, 1990, the Borrower shall: (a) conduct a public seminar to publicize and explain streamlined requirements for issuance of Securities (b) publish and circulate widely to the private sector a brochure explaining the methods for issuing Securities and publish a thorough compilation of the laws and regulations of the Borrower related to the issuing of Securities; and (c) review with the Bank proposals to permit pension funds to invest in Commercial Paper and establish a maximum amount, satisfactory to the Bank, of such investments that would be carried outpermitted as percentage of total investments held by each pension fund in its portfolio. For purposes of this Section "Commercial Paper" means financial instruments with maturities not exceeding one year which are traded in Chile and registered with the SVS or the SBIF. Section 3.07. The Borrower shall furnish to the Bank, by (i) each June 30 and December 31 commencing in the State in respect year 1990 and throughout the execution of the State Project, a status report on the functioning of the Cartera Vendida and byon the subordinated debt obligations of the Commercial Banks to the Central Bank, which have replaced the repurchasing obligations under the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. Section 3.08. Prior to September 30, 1990, the Borrower shall carry out the study referred to in Part B.4 of the Project under terms of reference satisfactory to the Bank, and shall discuss the results of such study with the Bank.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, shall take all action necessary on its part for the Borrower establishment and functioning of the Project Advisory Group described in Schedule 2 to the Project Agreement, shall cause the State, under contractual arrangements satisfactory to the Bank, Municipality of Tehran to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State Municipality of Tehran therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Municipality of Tehran to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower Recipient shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project GET Grant available to the State; Municipality of Tehran under a subsidiary grant agreement to be entered into between the Recipient and (ii) for Part H the Municipality of Tehran, under terms and conditions which shall have been approved by the Project available to EMBRAPA; under arrangements satisfactory to the BankTrustee. (ec) The Borrower, through DTN, Recipient shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Grant Agreement in such manner as to: (i) to protect the interest interests of the Bank Recipient and the Borrower; (ii) enable the Borrower Trustee and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless GET Grant, and, except as the Bank Trustee shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Grant Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Trustee shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out Parts A, B, C, D and F of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank Trustee and the Borrower Recipient hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused out by the Municipality of Tehran pursuant to be carried out, by (i) the State in respect Section 2.04 of the State Project, and byProject Agreement.

Appears in 1 contract

Sources: Global Environment Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end: (i) SDR to coordinate (at the federal level) shall, through PWD, carry out Parts B, C.3, D.1 and issue guidelines related to the carrying out D.2 of the ProgramProject; through DLSE, to propose annual budgets for such Program carry out Parts C.1, C.2 and to take all actions necessary to ensure the availability D.4 of the counterpart funds for the carrying out of such Program in a timely mannerProject; (ii) SUDENE to coordinate (at the regional level)through TCB, supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part D.3 of the Project; and (iv) EMBRAPA to through the Treasury Department, carry out Part H E of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativeadministrative and financial practices and shall provide, financial or cause to be provided, promptly as needed, the funds, facilities, services and agricultural practices.other resources required for said Parts of the Project; and (bii) Without without any limitation or restriction upon any of its other obligations under the Loan Credit Agreement, the Borrower shall cause SAA to carry out Parts A and D.5 of the State, under contractual arrangements satisfactory to the BankProject, to perform in accordance with the provisions of the Project Agreement, Agreement all the respective of its obligations of the State therein set forth, all with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering, environmental, and technical practices, and shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, resources necessary or appropriate to enable the State SAA to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall: shall cause the Project to be carried out in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) For the purposes of Parts A and D.5 of the Project, the Borrower shall relend the proceeds of the Credit allocated from time to time to Categories 1(a), 2(a), and 3(a) of the table in paragraph 1 of Schedule 1 to this Agreement to SAA under a subsidiary loan agreement to be entered into between the Borrower and SAA (the Subsidiary Loan Agreement) under terms and conditions which shall have been approved by the Association. Except as the Association shall otherwise agree, such terms and conditions shall include the following: (i) take all action as the principal amount of the subsidiary loan shall be required to regulate, repaid by SAA in a manner satisfactory local currency to the BankBorrower in equal semi-annual installments over thirty years, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in including a timely manner; and grace period of five years; (ii) provide the principal amount of the subsidiary loan repayable by SAA shall be the equivalent in local currency (determined as of the date, or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the Staterespective dates, as referred to in Section 2.01 (hof withdrawal) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H value of the Project and under currency or currencies withdrawn from the State Project, respectively, as provided Credit Account in each POArespect of the above-mentioned categories; (iii) interest shall be charged on the outstanding balance of the subsidiary loan at a rate equal to five percent (5%); and (iv) a foreign exchange risk fee shall be charged on the outstanding balance of the subsidiary loan at a rate equal to one percent (1%). (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Loan Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Loan Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works works, and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Part A of the Project shall be carried out, or caused out by SAA pursuant to be carried out, by (i) the State in respect Section 2.03 of the State ProjectProject Agreement. Section 3.04. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association and byfurnish to the Association not later than six (6) months before 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 Program’s objectives; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower Section 2.01. Madhya Pradesh declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreementthe Development Credit Agreement (Narmada River Development (Gujarat) Sardar Sarovar Dam and Power Project), and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices.shall: (ba) Without any limitation or restriction upon any of its other obligations under the Loan Agreementprovide, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all actionprovided, including to Gujarat, promptly as needed and pursuant to the provision cost-sharing provisions of the Decision, the funds, facilities, services and other resources, necessary or appropriate resources required to enable Gujarat to carry out Parts A through O (i) of the Project described in said Schedule (to the extent that such Parts of the Project or components thereof are located within Gujarat’s State to perform its obligationsboundaries) with due diligence and efficiency, and shall not take take, or permit to be taken taken, any action which would prevent or interfere with such performance; (b) carry out Part L (to the extent that such Part of the Project or components thereof are located within Madhya Pradesh’s State boundaries), and Part O (ii) of the Project described in said Schedule, all with due diligence and efficiency and in conformity with appropriate administrative, engineering, monitoring and evaluation, financial, and resettlement and rehabilitation practices, and shall provide, promptly as needed, the funds, facilities, staffing, services and other resources required for the purposes; (c) carry out in coordination with Gujarat, Maharashtra and NCA, the procurement, construction, installation, operation and maintenance of such portions of the hydrometeorological network under Part N of the Project (to be located within Madhya Pradesh’s State boundaries), with due diligence and efficiency and in conformity with appropriate administrative, financial and engineering practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, staffing, services and other resources required for the purposes; (d) without limitation to the provisions of paragraph (c) of this Section, provide, or cause to be provided, to NCA, promptly as needed and pursuant to the cost-sharing provisions of the Decision, the funds, facilities, services and other resources required to enable NCA to carry out its responsibilities provided for in the Decision, inter alia, the overall operation and maintenance of the hydrometeorological network under Part N of the Project, and shall not take, or permit to be taken, any action which would prevent or interfere with such responsibilities; and (e) without limitation to the provisions of paragraph (d) of this Section, provide, or cause to be provided, to NCA, promptly as needed and pursuant to the cost-sharing provisions of the Decision, the funds, facilities, services and other resources required to enable NCA to assist the Borrower in carrying out Part P of the Project with due diligence and efficiency and shall not take, or permit to be taken, any action which would prevent or interfere with such performance. (c) Section 2.02. Without limitation to its obligations the provisions of Section 2.01 of this Agreement, Madhya Pradesh shall: (a) carry out the planning, design and construction of the works under Part N of the Project (located within Madhya Pradesh’s State boundaries), and the installation of the equipment under Part N of the Project (located within Madhya Pradesh’s State boundaries) all in accordance with standards and criteria acceptable to the Association; (b) without limitation to the provisions of paragraph (a) aboveof this Section, the Borrower shall: (i) take all action as shall be required to regulateby December 31, 1986, in a manner satisfactory coordination with Gujarat, Maharashtra and NCA, prepare and furnish to the BankAssociation, for its approval, a final system design for the funding procedures which will ensure that hydrometeorological network under Part N of the Executing Entities shall have the funds required for carrying Project, including equipment specifications and construction schedules, and, thereafter, carry out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) such Part of the Project Agreement; all pursuant to such system design and construction schedule, as so approved; (c) by December 31, 1987, in a timely manner coordination with Gujarat, Maharashtra and in sufficient amounts NCA, prepare and furnish to the Association, for its approval, an operation and maintenance plan for the purpose of financing the activities hydrometeorological network under Part H N of the Project and under the State Project, respectivelywhich plan shall include the provision of funds, staff and other resources and, thereafter, adopt and implement such plan, as provided in each POA.so approved; and (d) The Borrower shall make by December 31, 1991 or such other date as may be agreed upon between the proceeds Association and Madhya Pradesh, complete within Madhya Pradesh’s State boundaries, the construction of the Loan allocated respectively: (i) transmission lines and substations required for purposes the full integration of the State power-related facilities under the Project available with the Borrower’s western region power grid. Section 2.03. In order to the State; and (ii) for assist Madhya Pradesh in carrying out Part H N of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs such Part of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital creditproject or portions thereof are located within Madhya Pradesh’s State boundaries), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank Madhya Pradesh shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Programemploy, in accordance coordination with terms of reference satisfactory to the BankGujarat and Maharashtra, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants and/or experts whose qualifications, experience and terms and conditions of employment shall be satisfactory to the BankAssociation, such consultants and/or experts to be selected in accordance with principles and procedures satisfactory to the Bank Association on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank Bank in August 1981. Section 3.042.04. The Bank Except as the Association shall otherwise agree, procurement of the goods and civil works required for Part N of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 1 to the Gujarat Project Agreement. (a) Madhya Pradesh undertakes to insure, or make adequate provision for the insurance of, the imported goods to be financed out of the proceeds of the Credit made available to it by the Borrower against hazards incident to the acquisition, transportation and delivery thereof to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable by Madhya Pradesh to replace or repair such goods. (b) Madhya Pradesh shall cause all goods and services financed out of the proceeds of the Credit made available to it by the Borrower to be used exclusively for the purposes of the Project. Section 2.06. Madhya Pradesh shall take all such action as shall be necessary to maintain, at all times, the Narmada Control Authority, the Sardar Sarovar Construction Advisory Committee and the Borrower hereby agree that Narmada Review Committee, each with such powers, functions, responsibilities and membership as provided for in the obligations Decision, and staffing and funds as shall be required to enable each of them to accomplish its purposes, and shall not take, or cause to be taken, any action which shall prevent or interfere with such purposes. Section 2.07. Madhya Pradesh shall adopt and, thereafter, implement within its State boundaries, a resettlement and rehabilitation plan for the Oustees, satisfactory to the Association, which plan shall include the principles and objectives set forth or referred to in Sections 9.04Schedule 3 to the Development Credit Agreement (Narmada River Development (Gujarat) Sardar Sarovar Dam and Power Project) and the institutional arrangements provided for in the Schedule to this Agreement. Section 2.08. (a) Madhya Pradesh shall, 9.05in collaboration with Gujarat and Maharashtra, 9.06, 9.07, 9.08 prepare and 9.09 of furnish to the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by Association for its approval: (i) by December 31, 1985, a work, plan for the State in respect environmental effects derived and to be derived from the implementation of the State Sardar Sarovar Project, which work plan shall include (A) suitable training programs for the Project’s staff of Gujarat, Madhya Pradesh and byMaharashtra, including plans, schedules, syllabi and provision of funds, and (B) studies and implementation schedules therefore, for fish and fisheries, forest and wildlife, and public health aspects; (ii) by June 30, 1989, a suitable training program of operation and maintenance of the facilities under the Sardar Sarovar Project, including plans, schedules, syllabi and provision of funds; and (iii) by December 31, 1985, a suitable training program on resettlement and rehabilitation of the Oustees for the Project’s staff of Gujarat, Madhya Pradesh and Maharashtra, including plans, schedules, syllabi and provision of funds.

Appears in 1 contract

Sources: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall causecarry out: (i) SDR to coordinate (at the federal level) Parts A, B and issue guidelines related to the carrying out D of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure Project through STU with the availability assistance of the counterpart funds for Municipal Councils and the carrying out of such Program in a timely mannerMunicipalities; and (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part C of the Project; and (iv) EMBRAPA to carry out Part H of the ProjectProject through GEPLAN, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate social, administrative, agricultural, environmental, financial and agricultural engineering practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 to the provisions of Section 3.01 (a) of this Agreement, necessary or appropriate to enable the State to perform its obligationsBorrower shall, as applicable, carry out, and shall not take or permit cause to be taken carried out, the Project in accordance with the provisions and/or recommendations of: (i) the Approved POA; (ii) the plan, furnished by the Borrower to the Bank on October 30, 2003, for the development of indigenous peoples carrying out Community Subprojects, or benefiting in any action manner from the carrying out of the Project, with the assistance of the Guarantor’s Fundação Nacional do Índio (FUNAI); and (iii) a manual, satisfactory to the Bank (the Operational Manual), which would prevent or interfere with shall contain the policies and procedures for the carrying out, monitoring and evaluation of the Project, including, inter alia: (A) the procedures for preparation, prioritization and approval of Community Subprojects, including environmental criteria and procedures for screening and management of such performanceSubprojects, as provided in the environmental management plan furnished by the Borrower to the Bank on October 30, 2003, and the expected contribution of such Subprojects to a positive impact on the HDI; (B) the criteria for eligibility of Community Associations to participate in the Project, (C) the organization and membership of Municipal Councils; (D) the responsibilities and functions of the Municipal Councils in the selection of Community Associations and Community Subprojects; (E) the procedures and criteria for the provision of Area A Grants and Area B Grants; (F) the model form of Grant Agreements; (G) the Project procurement and financial management requirements and procedures; and (H) the indicators to be used for Project monitoring and evaluation. In case of any inconsistency between a provision of the Operational Manual and this Agreement, the provision of this Agreement will prevail. (c) Without limitation to its obligations under paragraph (a) aboveThe Borrower shall maintain the STU, the Borrower shall: (i) take all action as shall be required to regulateduring Project implementation, in a manner with responsibilities, structure and functions satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) Section 3.01. The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 Project, and, to this Agreementend, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate financial, technical, administrative, financial and agricultural environmental practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligationsProject. Section 3.02. Without limitation upon the provisions of Section 3.01 of this Agreement, and except as the Administrator and Recipient shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) aboveotherwise agree, the Borrower shall: (i) take all action as Recipient shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that for the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) purposes of the Project Agreement; all in a timely manner and in sufficient amounts for during the purpose of financing the activities under Part H term of the Project the PMU is maintained with staff and under resources necessary and appropriate for the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (ea) The Borrower, through DTN, Recipient shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend make the proceeds of the Loan Grant, allocated for purposes from time to time to the Categories of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions table set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions paragraph 1 of Schedule 5 1 to this Agreement, the lending policies and procedures set forth in the MCR applicable available to the Program;Republic of Serbia under a subsidiary grant and project implementation agreement (Sub-Grant and Project Implementation Agreement) to be entered into between the Recipient and the Republic of Serbia, under terms and conditions which shall have been approved by the Administrator. (Bb) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank The Recipient shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Sub-Grant and Project Implementation Agreement in such manner as to: (i) to protect the interest interests of the Bank Recipient and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Grant, and, except as the Bank Administrator shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms Sub-Grant and conditions satisfactory to the Bank, not later than six months after the date of the Amending Project Implementation Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.023.04. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works goods and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower Recipient and Administrator shall: (i) furnish , from time to time, at the Bank by October 31 request of either party, exchange views on the progress achieved in each year, for its review and comment, carrying out the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProgram. (b) In order Prior to assist such exchange of views, the EMBRAPA Recipient shall furnish to the Administrator for its review and comment a report on the progress achieved in carrying out Part H the Program, in such detail as the Administrator shall reasonably request. (c) Without limitations upon the provisions of paragraph (a) of this Section, the Recipient shall exchange views with the Administrator on any proposed action to be taken after the disbursement of Category (5) which would have the effect of materially reversing the objectives of the ProjectProgram, or any action taken under the Program, including any action set forth in Schedule 5 to this Agreement. Section 3.06. For the purposes of Section 24 of the General Conditions and without limitation thereto, the Borrower shall cause EMBRAPARecipient shall: (a) prepare, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of guidelines acceptable to the "Guidelines Administrator, and furnish to the Administrator not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Use Recipient and the Administrator, a plan designed to ensure the continued achievement of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by Project’s objectives; and (b) afford the bank in August 1981Administrator a reasonable opportunity to exchange views with the Recipient on said plan. Section 3.043.07. The Bank Recipient shall maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the indicators agreed upon from time to time between the Recipient and the Borrower hereby agree that Administrator, the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 carrying out of the General Conditions (relating to insurance, use of goods Project and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect achievement of the State Project, and byobjectives thereof.

Appears in 1 contract

Sources: Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall shall: (i) cause the State, under contractual arrangements satisfactory to the Bank, AGETUR and SERHAU-SEM to perform in accordance with the provisions of the Project relevant Subsidiary Agreement and, in the case of SERHAU-SEM, in accordance with the PNCU Agreement, all the respective obligations of the State AGETUR and SERHAU-SEM therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State AGETUR and SERHAU-SEM to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance; (ii) cause the Cotonou CU and the Porto-Novo CU to provide the funds, facilities, services and other resources agreed upon between the Borrower and the Association to be the contribution of the said CUs towards the execution of Part D.4 of the Project, and to this end, cause the Cotonou CU and the Porto-Novo CU to deposit into project accounts on terms acceptable to the Association the amounts agreed upon between the Borrower and the Association, as set forth in Schedule 6 to this Agreement, as the contribution of said CUs towards the financing of the said part of the Project; and (iii) for the purposes of Part B of the Project, cause the AMSM to perform in accordance with the provisions of the Menontin Agreement all the obligations of AMSM therein set forth shall take and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable AMSM to perform such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph (a) aboveFor the purpose of carrying out the Project, the Borrower shall: shall enter into an agreement or agreements with each of AGETUR and SERHAU-SEM (the Subsidiary Agreement) on terms and conditions satisfactory to the Association which shall include, inter alia: (i) take delegation of authority for all action procurement actions and for award and signature of contracts, as shall be required to regulate, in a manner satisfactory well as for signature and presentation of disbursement requests to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and Association; (ii) provide or cause SUDENE to provide advances in Cruzeiros intoprovision for the transfer of the proceeds of the Credit on a non-reimbursable basis: (A) an account opened and operated by EMBRAPAfor purposes of financing the activities to be carried out under the Project; and (B) an account opened in the case of AGETUR, for the operating costs and operated by equipment of AGETUR, including the State, as referred obligation of AGETUR to in Section 2.01 (h) return all of its equipment to the Borrower upon completion of the Project Agreement; all in a timely manner and in sufficient amounts for or the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project day before its dissolution in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions statutes of Schedule 5 to this AgreementAGETUR, the lending policies and procedures set forth in the MCR applicable to the Programwhatever happens first; (Biii) allocate on a priority basisthe obligation of AGETUR and SERHAU-SEM to take all measures necessary to ensure that the Project is carried out with due diligence and efficiency and in accordance with appropriate administrative, adequate funds for the financing of working capital (custeio) needs of the Beneficiariestechnical and financial practices; (Civ) maintain separate accounts the obligation of AGETUR and records SERHAU-SEM to keep key positions filled with employees with adequate to record experience and monitor the progress of the credit programs under Parts D and I of the Projectqualifications; (Dv) undertake the obligation of AGETUR and SERHAU-SEM to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), promptly inform the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance Association of any condition which interferes, or threatens to interfere, with the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I progress of the Project, the Subloans, the Beneficiaries, the expenditure accomplishment of the proceeds purposes of the LoanCredit, or the goods performance by AGETUR and services financed out SERHAU-SEM of such proceeds and its obligations under the repayment performance of Beneficiariesrespective Subsidiary Agreement; and (Fvi) the obligation of AGETUR and SERHAU-SEM to provide quarterly and annual reports of such scope and in such detail as the Borrower or the Association shall reasonably request. (c) The Borrower shall exercise its rights in relation under each Subsidiary Agreement, and shall cause SERHAU-SEM to each Subproject exercise its rights under the PNCU Agreement, in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive either Subsidiary Agreement or any provision thereof and shall ensure that SERHAU-SEM shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive PNCU Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. The Borrower shall, for the purposes of overall Project coordination, maintain the CIS-PRGUX with composition and functions acceptable to the Association for the duration of the Project. Section 3.03. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank Borrower and the Borrower hereby agree that the obligations set forth in Sections 9.04Association shall, 9.05not later than December 31, 9.06, 9.07, 9.08 and 9.09 1993 undertake a comprehensive mid-term review of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project or cause the Project; and (iv) EMBRAPA Project to carry out Part H of the Projectbe carried out, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativepublic health practices, financial and agricultural practicesshall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Provinces to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State Provinces therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Provinces to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure part of the proceeds of the Loan, Credit available to the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve Provinces for the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions their respective parts of the MCR applicable to the Program. (g) Without limitation to its other obligations Project under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on procedures and terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsAssociation. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of the Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish and the Association shall annually prior to the Bank by October 31 beginning of each fiscal year exchange views on the progress achieved in each year, for its review and commentcarrying out the Policy Guidelines, the proposed POA Regional Health Plans and budget for the Project and for Provincial components under the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProject. (b) In order Prior to assist the EMBRAPA in carrying out Part H each such exchange of the Projectviews, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory furnish to the BankAssociation for its review and comment a progress report, in such detail as the Association shall reasonably request including the progress in carrying out the Regional Health Plans and the Provincial components according to employ consultants whose qualifications, experience and terms and conditions of employment indicators agreed with the Association. (c) The Borrower shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis ensure that during it’s fiscal year disbursements by each of the "Guidelines for Implementing Regions and the Use Provinces out of Consultants the proceeds of the Credit will be made only after the broad parameters of such fiscal year’s program and budget under each of the Regional Health Plans and the Provincial components shall have been reviewed and found generally acceptable by World Bank Borrowers both MOPH and by the World Bank as Executing Agency" published by the bank in August 1981Association. Section 3.04. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 relevant part of the Project shall be carried out, or caused out by each of the Provinces pursuant to Section 2.03 of the Project Agreement. Section 3.05. The Borrower shall cause the Project to be carried outout under an Implementation Arrangement among the Implementing Regions, by (i) the State in respect of Provinces and MOPH, with terms and conditions acceptable to the State Project, Association. Section 3.06. The Borrower shall maintain the World Bank Loan Office within MOPH with functions and bystaffing acceptable to the Association.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 Project, and, to this Agreement, and to this end shall causeend: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying shall carry out Part B of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely mannerProject through MOC; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, shall cause Tianjin to carry out the credit program included in Parts D and I Part A of the Project; and (iviii) EMBRAPA shall cause the Project Cities to carry out Part H C of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial economic, financial, energy efficiency, and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under technical practices and construction, social and environment standards acceptable to the Loan AgreementBank and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligationsProject. (b) Without limitation upon the provisions of paragraph (a) of this Section, and except as the Recipient and the Bank shall not take or permit otherwise agree, the Recipient shall carry out, and cause Tianjin and the Project Cities to be taken any action which would prevent or interfere with such performancecarry out, the actions specified in the Implementation Program set forth in Schedule 4 to this Agreement in order to ensure proper implementation of the Project. (c) Without limitation to its obligations under paragraph (a) aboveFor purposes of carrying out Parts A and C of the Project, the Borrower shall: (i) take all action as Recipient shall be required make available to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out Tianjin and the Project available to them in Cities, on a timely manner; grant basis and (ii) provide without deduction of any charges, commissions or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the Statefees of any kind, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan GEF Trust Fund Grant allocated respectively: (ito Categories 1(a), 1(b), 3(a) for purposes of the State Project available and 3(c), as set forth in Schedule 1 to the State; this Agreement, and (ii) for Part H of the Project available to EMBRAPA; under in accordance with proper arrangements satisfactory to the Bank. (ea) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Recipient shall otherwise agree, procurement of the goods, works goods and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan GEF Trust Fund Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Procurement Plan. (b) The Recipient shall update, or cause Tianjin and the Project Cities to update, the Procurement Plan in accordance with guidelines acceptable to the Project AgreementBank, and furnish such update to the Bank not later than twelve (12) months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. For the purposes of Section 9.08 of the General Conditions and without limitation thereto, the Recipient shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Recipient and the Bank, a consolidated plan (integrating the information provided in the plans submitted by October 31 in each year, for its review Tianjin and comment, the proposed POA and budget Project Cities) for the Project and for continued achievement of the Northeast Rural Development Program for objective of the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment exchange views with the Recipient on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Trust Fund Grant Agreement

Execution of the Project. (a) The Borrower BEA declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and and, to this end shall cause: end: (i) SDR to coordinate (at the federal level) shall carry out Parts A and issue guidelines related to the carrying out B of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, and financial practices, and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreementshall provide, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; assist, as needed, Goskomstat in respect of procurement and (iii) achieve the purposes disbursement for Part C of the Project. (fb) Unless Without limitation upon the provisions of paragraph (a) of this Section and except as the Bank and the BEA shall otherwise agree, the Borrower BEA shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms carry out Parts A and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H B of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory the Operations Manual and the Implementation Program set forth in the Schedule to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.022.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project Loan Agreement. (a) The Borrower shall: (i) furnish to BEA shall carry out the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations obliga tions set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project Agreement. (b) Without limitation upon the provisions of paragraph (a) of this Section, the BEA shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Bank and the BEA, a plan for the future operation of Parts A and B of the Project; (ii) afford the Bank a reasonable opportunity to exchange views with the BEA on said plan; and (iii) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Bank’s comments thereon. Section 2.04. The BEA shall duly perform all its obligations under the Subsidiary Agreement. Except as the Bank shall otherwise agree, the BEA 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. (a) The BEA shall 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 the BEA of its obligations under this Agreement. (b) The BEA shall 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 the Loan, or the performance by the BEA of its obligations under this Agreement and byunder the Subsidiary Agreement.

Appears in 1 contract

Sources: Project Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall carry out through DOLIDAR, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, cause each DDC to carry out out, the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, transport, environmental and agricultural social practices, and shall provide, and cause each DDC to 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 through DOLIDAR, and cause each DDC to carry out, the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement. (c) Without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower Recipient shall cause the Stateexecute with each DDC a Memorandum of Understanding, under contractual arrangements satisfactory to the BankAssociation and including the provisions set forth in Schedule 5 to this Agreement, and promptly upon such execution furnish a copy thereof to the Association, before such DDC participates in the carrying out of any activities under the Project. If any provision of any such Memorandum of Understanding is inconsistent with a provision of this Agreement, the provision of this Agreement shall govern. (d) Without any limitation or restriction upon any of its other obligations under this Agreement, the Recipient shall cause each DDC to perform in accordance with the provisions of the Project Agreement, applicable Memorandum of Understanding all the respective obligations of the State such DDC therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State such DDC to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (ce) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as The Recipient shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project make available to them each DDC under its Memorandum of Understanding, as a grant and in a timely manner, (i) part of the proceeds of the Grant; and (ii) provide or cause SUDENE additional funds from the Recipient’s own resources if and as required for such DDC to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the carry out its activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order to assist the EMBRAPA in carrying out Part H of the ProjectThe Recipient shall, the Borrower and shall cause EMBRAPAeach DDC to, under contractual arrangements satisfactory to update the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected Procurement Plan in accordance with principles and procedures satisfactory guidelines acceptable to the Bank Association, and furnish such update to the Association not later than nine (9) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Recipient shall: prepare, on the basis of guidelines acceptable to the "Guidelines 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 Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank Recipient and the Borrower hereby agree that Association, a plan designed to ensure the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 continued achievement of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by’s objectives; and

Appears in 1 contract

Sources: Development Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan AgreementDevelopment Credit Agreement shall carry out, through CRG and LRC, Parts B.1 and B.2 of the Project with PSF’s assistance and, through MEFP, Part C of the Project with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for said Parts of the Project. (b) The Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, PSF to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State PSF therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State PSF to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation The Borrower shall make the proceeds of the Credit allocated to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out Parts A and B of the Project available to them in PSF under a timely manner; Convention to be entered into between the Borrower and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened PSF, on a non-reimbursable basis and operated by EMBRAPA; under such terms and (B) an account opened and operated conditions which shall have been approved by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAAssociation. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Convention in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Convention or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Part A of the Project shall be carried outout by PSF pursuant to Section 2.03 of the Project Agreement. Section 3.04. Without limitation upon the provisions of Article IX of the General Conditions, the Borrower shall: (a) prepare and furnish to the Association, not later than six months after the Closing Date, or caused to such later date as may be carried outagreed for this purpose between the Borrower and the Association, by (i) a plan, of such scope and in such detail as the State in respect Association shall reasonably request, for the future operation of the State Project; (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan; and (c) thereafter, carry out said plan with due diligence and byefficiency and in accordance with appropriate practices, taking into account the Association’s comments thereon.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) carry out Parts A and issue guidelines related to the carrying out B of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, Project through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all MAI with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, economic, environmental, engineering, financial and agricultural technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, shall for the Borrower shall purpose of Part C of the Project cause the State, under contractual arrangements satisfactory to the Bank, SFD to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State SFD therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State SFD to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation The Borrower shall make part of the proceeds of the Credit available to its obligations SFD, on a grant basis, under paragraph (a) above, a subsidiary grant agreement to be entered into between the Borrower shall: (i) take all action as shall be required to regulateand SFD, in a manner satisfactory to the Bank, the funding procedures under terms and conditions which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated been approved by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAAssociation. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Grant Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramSubsidiary Grant Agreement or any provision thereof. (ge) Without limitation to its other obligations under upon the provisions of paragraph (a) of this SectionSection and except as the Borrower and the Association shall otherwise agree, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms carry out Parts A and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H B of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 4 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.02. (a) Except as the Bank Association shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Project AgreementProcurement Plan. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall causeshall: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying through ENBPG, carry out Part A.3 of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely mannerProject; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, GRA to perform in accordance with the provisions of the GRA Project Agreement, Agreement all of the respective obligations of the State GRA therein set forth, shall ; (iii) cause ELCOM and GRA each to perform in accordance with the provisions of the ELCOM MOA all of the obligations of ELCOM and GRA therein set forth; and (iv) take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, resources necessary or appropriate to enable the State GRA and ELCOM to perform its their respective obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) The Borrower shall make available the proceeds of the Loan to GRA on a grant basis under a financing agreement to be entered into between the Borrower and GRA, under terms and conditions satisfactory to the Bank. (c) Without limitation The Borrower shall cause ELCOM and GRA to its obligations under paragraph (a) aboveenter into an agreement, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, to provide the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out supply of electricity to and within the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAarea. (d) The Borrower shall make exercise its rights under the proceeds GRA Financing Agreement in such manner as to protect the interests of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner except as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the GRA Financing Agreement or any provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works works, and consultants’ services required for the carrying out of the Project assigned to EMBRAPA (except Part A.3 thereof) and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 to the Project Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to and the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project (except Part A.3 thereof). Section 3.04. Without limitation upon the provisions of paragraph (a) of Section 3.01 of this Agreement, the Borrower shall on each calendar quarter, commencing on October 1, 1999 and thereafter, deposit into the Executing Agency Trust Account in Kina, amounts sufficient to cover counterpart funding for estimated disbursements under the Project for the succeeding three month period; provided, however, that the first deposit to be done on October 1, 1999, shall cover the total expenditures to be incurred by GRA on account of the Project during the calendar quarter ending on December 31, 1999. Section 3.05. The Borrower shall establish and, thereafter, maintain at all times during the implementation of the Project, a Steering Committee chaired by GRA and bywith representatives of ENBPG, the National Department of Transport and Works, the National Water Board, ELCOM, the Harbours Board, the National Broadcasting Corporation, Cocoa and Coconut Research Institute, and the National Agricultural Research Institute, assigned with such functions and responsibilities, satisfactory to the Bank, as shall be required for the overall coordination and oversight of Project implementation. The Steering Committee shall meet quarterly to review progress reports and to resolve any issues arising in the implementation of the Project. Section 3.06. The Borrower shall ensure that the Affected Persons in the relocation site located at Vunakambi therein shall be compensated, resettled and rehabilitated in accordance with the Vunakambi Resettlement Action Plan. In the unforeseeable event that additional resettlement sites under Part A.1 of the Project may give rise to Affected Persons, the Borrower shall, through ENBPG, ensure that the Affected Persons shall be compensated, resettled and rehabilitated in accordance with action plans satisfactory to the Bank prepared in accordance with the Policy for Relocation and Compensation. For such purposes, the Borrower shall, through ENBPG, prepare and furnish to the Bank for its concurrence such action plans, and, thereafter, carry the said action plans as so approved. Section 3.07. The Borrower shall take all such action as shall be necessary to adequately maintain, through ENBPG, the road between Rabaul Port and Kokopo Town being restored under Part B.1 of the Project, including provision of annual budgetary allocations thereof based on the estimated funding levels furnished by ENBPG to the Borrower’s Department of Treasury and Planning by not later than September 30 of each calendar year, commencing on September 30, 2000; provided, further, the said budgetary funding shall be made available by the Borrower to ENBPG on a quarterly basis.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all MOH with due diligence and efficiency, efficiency and in accordance conformity with appropriate financial, economic, administrative, financial health care and agricultural environmental practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (c) Without limitation Section 3.02. In order to its obligations under paragraph (a) aboveensure the proper implementation of the Project, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (ia) for purposes Establish and thereafter maintain with functions, membership and terms of reference all satisfactory to both the Bank and the Borrower, a Health Sector Reform Management Board (the CGRH) to be responsible for, inter alia, monitoring the implementation of the State Project available to the State; institutional and (ii) for Part H financial management restructuring of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The BorrowerHospitals, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect Establish and thereafter maintain within the interest MOH, in a form and with functions, resources and terms of reference all satisfactory to both the Bank and the Borrower; , a Project Coordina- tion Unit (the PCU) to assist the CGRH in carrying out its functions and, in particular, to be responsible for, inter alia, supervising, coordinating and administering the overall implementation of the Project, and (ii) enable ensure that the PCU is at all times staffed with personnel, including a Director, in numbers and with qualifications, experience and terms of reference all satisfactory to both the Bank and the Borrower. Section 3.03. The Borrower shall take all action necessary to ensure that: (a) Its government shall prepare, on the basis of the draft law previously furnished to the Bank by the Borrower under cover of its letter dated March 25, 1991, and present to comply its National Assembly for enactment, a proposed law authorizing the creation of public health establishments in the form of independent public enterprises with its obligations under this Agreement; legal, financial, administrative and managerial autonomy; (iiib) achieve Immediately upon the purposes enactment of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending law referred to in paragraph (ea) aboveof this Section, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending AgreementDecember 31, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE1992, the Program, legal personality of each and every Hospital set forth in accordance with terms Part B of reference satisfactory Schedule 6 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan this Agreement shall be made duly converted to that of a public health establishment and the statutes of each of said Hospital, reflecting its new legal personality and the appointment of its general manager, shall be duly issued, all in accordance with the provisions of Schedule 2 said law; (c) Immediately upon the enactment of the law referred to the Project Agreement. in paragraph (a) The Borrower shall: (i) furnish to the Bank by October 31 in each yearof this Section, for its review and commentnot later than December 31, 1993, the proposed POA legal personality of each and budget for every Hospital set forth in Part C of Schedule 6 to this Agreement shall be duly converted to that of a public health establishment and the Project statutes of each of said Hospital, reflecting its new legal personality and for the Northeast Rural Development Program for appointment of its general manager, shall be duly issued, all in accordance with the following fiscal yearprovisions of said law; and (iid) afford Immediately upon the Bank enactment of the law referred to in paragraph (a) of this Section, and not later than December 31, 1994, the legal personality of each and every Hospital set forth in Part D of Schedule 6 to this Agreement shall be duly converted to that of a reasonable opportunity to comment on any modifications public health establishment and the Borrower may intend to introduce to such proposed POA statutes of each of said Hospital, reflecting its new legal personality and budget; and (iii) furnish to the Bank by January 1 appointment of its general manager, shall be duly issued, all in each year accordance with the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version provisions of such budgetsaid law. (b) Section 3.04. In order to assist achieve the EMBRAPA in carrying out Part H objectives of the Project, the Borrower shall cause EMBRAPAtake all action necessary to ensure, under contractual arrangements after the conversion of the legal personality of the Hospitals into that of public health establishments, in accordance with the provisions of Sections 3.03 and 5.01 (b) of this Agreement, that their legal personality, statutes and basic structures and functions shall be at all times maintained. Section 3.05. Not later than September 30, 1991, the Borrower shall take all action necessary to ensure that: (a) A Center for Health Information (the CIS), with func- tions, resources and terms of reference all satisfactory to both the BankBank and the Borrower, is duly established, possessing the legal personality of a public establishment to employ consultants whose be responsible for, inter alia, managing, standardizing and coordinating the development, installation and maintenance of a computer network system for the Hospitals; and (b) A director is appointed to head the CIS, possessing the requisite qualifications, experience and terms and conditions of employment reference. Section 3.06. (a) Not later than September 30, 1992, the Borrower shall be satisfactory furnish to the Bank, such consultants to be selected in accordance with principles for its review and procedures satisfactory to comments, the Bank on the basis of the "Guidelines Borrower’s medium-term plan for the Use restructuring and further development of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byits public hospital sector; and

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) carry out Parts A.1, B, C, D and issue guidelines related to the carrying out E of the ProgramProject through Public Project Entities and such other Public Project Entities as may be designated by the Borrower from time to time, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, agricultural, engineering, accounting, information technology and agricultural environmental standards and practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any For the purpose of its other obligations under carrying out Parts A.1, B, C, D and E of the Loan AgreementProject, the Borrower shall cause make available to each of the Statedesignated Public Project Entities the funds, facilities, services and other resources required for carrying out of the Project, including the corresponding portions of the proceeds of the Loan, under contractual or other arrangements satisfactory to the bank. (c) Without limitation upon the provisions of paragraph (a) of this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement. (a) For the purpose of carrying out Part A.2 of the Project, the Borrower shall: (i) select, in accordance with criteria satisfactory to the Bank, an Agency Bank capable of administering the Sub-loans; (ii) make available to each Private Enterprise, out of the proceeds of the Loan allocated from time to time to Category (3) of the table set forth in paragraph 1 of Schedule 1 to this Agreement, the amount of financing required for its respective Private Sub-project under a Subsidiary Loan Agreement to be entered into between the Borrower and the Private Enterprise, under terms and conditions satisfactory to the Bank, which shall include, without limitation, the terms and conditions set forth in Part C of Schedule 7 to this Agreement; and (iii) cause the Private Enterprises to perform in accordance with the provisions of the Project Agreementrespective Subsidiary Loan Agreements, all the respective obligations of set forth therein. (b) Unless the State therein Bank shall otherwise agree, the Borrower shall select and approve the Private Sub-projects in accordance with the procedures and eligibility criteria set forth, shall take forth or cause referred to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate in Schedule 7 to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performancethis Agreement. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject the Sub-loans in such manner as to: (i) protect the interest interests of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless Section 3.03. In order to facilitate the Bank shall otherwise agreeefficient carrying out of the Project, the Borrower shall not amendestablish, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds cause to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement established, and thereafter maintain, with SUDENEstaff and other resources, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with under terms of reference satisfactory to the Bank: (a) a PIU within GOZKOMPROGNOZSTAT responsible for, inter alia, various administrative functions relating to the day-to- day coordination and execution of the Project; and (b) CIUs within each Public Project Entity responsible for carrying out Parts A.1, B, C, D and E of the Project. Section 3.04. The Borrower shall: (a) carry out all studies included in the Project under terms of reference acceptable to the Bank, which, when applicable, shall include specific programs or plans of action to meet the objectives of the Project; (b) promptly after the completion of each study, furnish to the Bank a copy of its findings and recommendations including such programs or plans of action; and (c) afford the Bank a reasonable opportunity to comment on findings, recommendations and programs or plans of action. Section 3.05. Without limitation to the provisions of Section 3.01 of this Agreement, the Borrower shall for purposes of the Project: (a) open and maintain in a commercial bank, in the name of the PIU, an account (the Project Account), in local currency, to be used for financing the expenditures required to be made by Public Project Entities in conjunction with the implementation of the Project, the establishment and maintenance of the necessary facilities for the carrying out of the Project, and the coordination of Project activities and shall, immediately thereafterfor this purpose, if recommended make an initial deposit in such an Account in an amount equivalent to $500,000; (b) for each fiscal year during the execution of the Project, make appropriate budgetary allocations to replenish such Project Account on a quarterly basis, and ensure availability of an amount equivalent to $500,000 at the beginning of each quarter for the financing of expenditures by such reviewPublic Project Entities during the following fiscal year, amend in amounts satisfactory to the Program, taking into account such recommendationsBank. Section 3.023.06. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project or cause the Project; and (iv) EMBRAPA Project to carry be carried out Part H of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural engineering practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Bank shall otherwise agree, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying carry out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project be carried out in accordance with: Agreement; and 1. with the terms and conditions Implementation Program set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program;. (Ba) allocate on The Borrower shall enter into a priority basis, adequate funds Participation Agreement with each Participating State for the financing purposes of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate enabling such Participating State to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank participate in the carrying out of the credit program included Project under terms and conditions which shall have been approved by the Bank, which shall include, inter alia, those set forth or referred to in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; andSchedule 6 to this Agreement. (Fb) The Borrower shall exercise its rights in relation to under each Subproject Partici- pation Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower to Bank, comply with its obligations under this Agreement; , and (iii) achieve accomplish the purposes of the Project. (f) Unless Loan, and except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Participation Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.023.03. Except as the Bank shall otherwise agree, procurement procure- ment of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. Section 3.04. For the purposes of Section 9.08 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, a plan designed to ensure the proposed POA and budget for continued achievement of the Project and for the Northeast Rural Development Program for the following fiscal yearProject’s objectives; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall causeend, shall: (ia) SDR to coordinate through ADAP, carry out Parts A.1, A.2, A.3 (at the federal level) a), A.4, B.5, C.1, C.2, C.4, C.5 and issue guidelines related to the carrying out D of the ProgramProject; (b) through AFAP, to propose annual budgets for such Program carry out Parts B.1, B.2, B.3 and to take all actions necessary to ensure the availability B.4 of the counterpart funds for the carrying out of such Program in a timely mannerProject; (iic) SUDENE to coordinate (at the regional level)through ADAP, supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, cause Urban Community Associations to carry out the credit program included in Parts D and I Part A.3 (b) of the Project; and (ivd) EMBRAPA through ADAP, cause Rural Community Associations and Rural Producers’ Associations to carry out Part H C.3 of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, environmental, social and agricultural sustainable urban and rural development practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to this Agreement, as said provisions may be further elaborated in the Project AgreementProcurement Plan. (ab) The Borrower shall update the Procurement 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. (c) The Borrower shall: (i) through an independent consultant, under terms of reference satisfactory to the Bank, carry out, at the end of the first year of execution of Subprojects, and every twelve-month period thereafter, a review of the compliance with the provisions of this Agreement of a sample of cases of procurement of goods and works carried out under the Subprojects (including a review of the relevant documentation) in the twelve-month period preceding the date of each such review; and (ii) promptly thereafter, furnish to the Bank by October 31 in each yearthe report of such review. (d) The Borrower shall: (i) submit to the Bank, for its prior review and commentapproval, all proposed terms of reference for consultants’ services to be financed out of the proceeds of the Loan; and (ii) in the employment of consultants’ services, use the terms of reference approved by the Bank. Section 3.03. Without limitation to the provisions of Section 3.01 of this Agreement, the Borrower shall carry out, and shall cause to be carried out, the Project in accordance with the provisions and/or recommendations of: (a) the relevant POA; (b) the Special Groups Inclusion Strategy; (c) the Environmental Management Plan; and (d) a manual, satisfactory to the Bank (the Operational Manual), which shall contain the policies and procedures for the carrying out of the Project, including, inter alia, the procedures for preparation, prioritization and approval of Subprojects, the criteria for eligibility of Associations to participate in the Project, the arrangements for collaboration among ADAP, the Associations and Municipal Development Fora in the carrying out of the Project, the model agreements to be entered into between ADAP and any Association governing such collaboration, the carrying out of Urban Subprojects and Rural Subprojects and the transfer of funds from ADAP to the Associations for the financing of such Subprojects, the procurement procedures to be followed under the Project (including model documents), the Project’s financial management arrangements, the roles and responsibilities of the PC, PCU and Municipal Development Fora under the Project, the composition of the PC, the environment-related provisions applicable to Project activities, the procedures, terms and conditions for the financing of AFAP Subprojects under the AMASOL, the criteria for selection of Beneficiaries of Subloans under the AMASOL, the arrangements between AFAP and ADAP for the collaboration between such agencies in the carrying out of the Project, and the indicators to be used for Project monitoring and evaluation. In case of any inconsistency between a provision of the Operational Manual and this Agreement, the provision of this Agreement will prevail. (a) The Borrower, through ADAP, shall maintain during the execution of the Project a unit within ADAP for purposes of coordinating and managing the carrying out of the Project (the PCU), such unit to have a structure and functions satisfactory to the Bank, and qualified staff in adequate numbers as required to carry out its responsibilities under the Project. (b) The Borrower, through ADAP, shall employ, as provided in Section II of Schedule 4 to this Agreement, a consulting firm to assist and train the PCU in carrying out its functions (especially in the areas of procurement and financial management and in the operation of the MIS), such firm to be employed until such time as the PCU shall be able, in the opinion of the Bank and the Borrower, to carry out its functions without any assistance. (c) The Borrower shall maintain, during the execution of the Project, a Project Council (the PC) to be responsible for: (i) approving Urban Subprojects and Rural Subprojects; (ii) facilitating inter-institutional relations under the Project; (iii) approving the POAs; and (iv) providing strategic guidance for Project implementation. (a) The Borrower shall ensure that at least 10% of the funds allocated to finance Rural Subprojects shall be used for the benefit of Special Groups. (b) Prior to initiating any activity under the Project which will benefit an indigenous community, the Borrower, through ADAP, shall obtain from Fundação Nacional do Índio, the Guarantor’s foundation which deals with indigenous peoples in Brazil: (i) permission for ADAP to carry out any such activity; and (ii) a commitment to collaborate with ADAP in the carrying out of any such activity, and with the indigenous communities in the carrying out of Rural Subprojects. Section 3.06. The Borrower shall: (a) by September 30 of each year during Project implementation, prepare and furnish to the Bank a draft operating plan and budget, satisfactory to the Bank, detailing the Project activities proposed POA to be carried out during the next succeeding year and the respective sources of funding therefor; and (b) not later than 30 days after the approval of the Borrower’s annual budget by its Assembléia Legislativa (Legislative Assembly), furnish to the Bank the final operating plan and budget for the Project’s activities for each year in question approved on the basis of the relevant Borrower’s annual budget (the POA). Section 3.07. The Borrower shall: (a) establish and maintain Project monitoring and information systems (the MIS), satisfactory to the Bank, one in ADAP and another in AFAP, to enable the monitoring and evaluation on an on-going basis, in accordance with the indicators set forth in the Operational Manual, of the carrying out of the Project and the achievement of the objective thereof; and (b) review with the Bank, on or about the 24th month after the Effective Date, or such later date as the Bank shall request, the progress achieved in the carrying out of the Project during the period preceding the date of such review, based on the monitoring and evaluation activities referred to in paragraph (a) above, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objective thereof, based on the conclusions and recommendations of said review. Section 3.08. The Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan for the Northeast Rural Development Program for future operation of the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to shall carry out or cause to be carried out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural practices.population practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project; and (bii) Without any without limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the StateProvinces, under contractual arrangements satisfactory to the Bank, AJK and FATA to perform all their obligations set forth in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Provinces, AJK and FATA to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (b) The Borrower shall make available to the Provinces, AJK and FATA a portion of the proceeds of the Credit in accordance with its standard budgetary procedures, for purposes of the respective Parts of the Project to be carried out by them. (c) Without any limitation to its obligations under paragraph the generality of paragraph (a) above, the Borrower shall: (i) take all action as shall ensure that sufficient funds will be required to regulate, in a manner satisfactory released to the Bank, Ministry of Population Welfare and the funding procedures which will ensure that Departments of Population Welfare by the Executing Entities shall have fifteenth of the funds required for carrying out first month of every quarter during the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the Stateperiod, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H implementing such part of the Project and under the State Project, respectively, approved sub-program as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds is to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, carried out in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationssaid quarter. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 their respective parts of the Project shall be respectively carried outout by the Provinces, or caused AJK and FATA pursuant to be carried outSection 2.03 of the Project Agreement. (b) Without limitation upon the provisions of Article IX of the General Conditions, by the Borrower shall: (i) prepare, on the State 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 Borrower and the Association, a plan designed to ensure the continued achievement of the Project’s objectives; (ii) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan; and (iii) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Association’s comments thereon. (a) The Borrower shall take all such measures, satisfactory to the Association, as may be necessary or required for the purpose of increasing the overall level of expenditures for the Population Welfare Program in each Fiscal Year during the implementation of the Project to such target levels as agreed with the Association within the framework of the Population Welfare Program; provided, however, that such levels shall rise by at least 22% per year (in constant price terms) in FY96 through FY99, and that the aggregate amount of spending for the Population Welfare Program for the same four- year period shall not be less than Rs 10.34 billion; and provided further that the Borrower and the Association may agree on a different percentage for FY99 as determined by the Borrower’s next Five-Year Plan commencing in such fiscal year, and that such percentage may yield a different aggregate spending for the aforesaid four-year period. (b) In achieving such expenditure increases, the Borrower shall ensure that, in each Fiscal Year during the implementation of the Project, the financing of the Population Welfare Program from its own resources increases in FY96 through FY99 from 57% to 60% of total spending on population, including the Borrower’s financing of an increasing proportion of incremental costs. Section 3.05. The Borrower shall ensure that no bans on recruitment of field staff are imposed in respect of the State Population Welfare Sector of the Borrower, FANA and ICT. Section 3.06. The Borrower shall: (a) by March 31 of each Fiscal Year during the implementation of the Project or such later date as may be acceptable to the Association, provide or cause to be provided to the Association, for its assessment and review, each proposed Sub-program to be carried out by the Borrower, whether on its own behalf or on behalf of FANA or ICT, as the case may be, in the next following Fiscal Year; (b) by June 30 of each such Fiscal Year during the implementation of the Project, or such later date as may be acceptable to the Association, provide to the Association for its approval each such Sub-program modified in a manner satisfactory to the Association taking into account its comments and byrecommendations; and (c) carry out or cause to be carried out each such Sub- program in form and substance as approved by the Association and in a manner satisfactory to the Association. Section 3.07. The Borrower shall by July 1, 1996, transfer to FANA and ICT the responsibility for the carrying out of its respective Sub-programs, and shall provide FANA and ICT with the powers and authority necessary for the purpose in the same way the Provinces are provided with such powers and authority. Section 3.08. The Borrower shall, by December 31, 1995, or such later date as may be agreed by the Association, clarify the administrative status of the staff of the Ministry of Population Welfare and the Population Welfare Departments in such a way as to provide said staff the employment conditions and benefits afforded to other similar federal and provincial staff. Section 3.09. The Borrower shall take all such measures as may be necessary on its part to ensure that the NATPOW is maintained and operated in a manner satisfactory to the Association. Section 3.10. The Borrower shall, through the Ministry of Population Welfare and not later than 60 days after the end of each six-month period of each Fiscal Year of Project implementation, furnish to the Association, in form and substance satisfactory to the Association, a progress report on the implementation of each Sub-program for which the Borrower is responsible, whether in its own behalf or on behalf of FANA or ICT, as the case may be, during such period. Section 3.11. The Borrower shall, with the participation of the Association, the Provinces, AJK and FATA, carry out, no later than March 31 of each Fiscal Year during the implementation of the Project, a review of the preceding eight months and a forecast for the ensuing four months of the Project for purposes, inter alia, of (i) monitoring and evaluating progress made to date under Sub-programs carried out in the current Fiscal Year; (ii) obtaining the approval of the Association in respect of the eligibility of Sub-programs for financing by the Association in the following Fiscal Year, including the amounts to be allocated in respect of such Sub- programs; and (iii) obtaining the approval of the Association in respect of the expenditure program and the financing plan for the Population Welfare Program in the following fiscal year and the Borrower’s contribution relating thereto.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall causeend: (i) SDR shall cause COTUNACE to coordinate (at the federal level) and issue guidelines related to the carrying carry out Part B of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely mannerProject; (ii) SUDENE to coordinate (at shall carry out Parts C, D and E of the regional level)Project through INORPI, supervise MOC and monitor the ProgramDGD; (iiiii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, CEPEX to perform in accordance with the provisions of the CEPEX Project Agreement, Agreement all the respective obligations of the State CEPEX therein set forthforth in respect of carrying out Part A of the Project; all with due diligence and efficiency and in conformity with appropriate administrative, economic, financial, insurance, technical assistance and export and trade management practices. (b) The Borrower shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project, and shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, action necessary or appropriate to enable the State CEPEX to perform its obligationscorresponding obligations under the CEPEX Project Agreement, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph upon the provisions of paragraphs (a) aboveand (b) of this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall: (i) take all action as shall be required to regulatecarry out Parts C, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; D and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H E of the Project and under shall cause COTUNACE to carry out Part B of the State Project, respectively, as provided in each POAaccordance with the Implementation Program set forth in Schedule 5 to this Agreement and the Project Implementation Plan. (da) The Borrower shall shall, in respect of Part A of the Project, make available to CEPEX, on a non-reimbursable grant basis, the proceeds of the Loan allocated respectively: from time to time to Categories (i1), (2(a)), (3(a)) for purposes and (4), under a grant agreement (the “CEPEX Grant Agreement”) to be entered into between MOF, acting on behalf of the State Project available to the State; Borrower, and (ii) for Part H of the Project available to EMBRAPA; CEPEX under arrangements satisfactory to terms and conditions which shall have been approved by the Bank. (eb) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory exercise its rights and obligations under the CEPEX Grant Agreement in such manner as to protect the interests of the Borrower and the Bank, with each of and to accomplish the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds purposes of the Loan allocated for purposes of and achieve the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I objectives of the Project, the Subloansand, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner except as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramCEPEX Grant Agreement, or any provision thereof. (ga) Without limitation The Borrower shall, in respect of Part B of the Project, make available to its other obligations under this SectionCOTUNACE, on a non-reimbursable grant basis, the Borrower shall provide proceeds of the funds necessary Loan allocated from time to finance time to Categories (2(b)) and (3(b)), under a grant agreement (the costs of any subsidies related to the terms of onlending referred to in paragraph (e“COTUNACE Grant Agreement”) above, such funds to be allocated for such purpose from entered into between MOF, acting on behalf of the federal budget (Orcamento da Uniao)Borrower, and COTUNACE under terms and conditions which shall have been approved by the Bank. (hb) The Borrower shall exercise its rights and obligations under the COTUNACE Grant Agreement in such manner as to protect the interests of the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after and to accomplish the date purposes of the Amending Agreement, such agreement to define Loan and achieve the respective responsibility of SUDENE and EMBRAPA regarding Part H objectives of the Project and Project, and, except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPAnot assign, under contractual arrangements satisfactory to amend, abrogate or waive the BankCOTUNACE Grant Agreement, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981or any provision thereof. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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 Part A of the Project shall be carried outout by CEPEX pursuant to Section 2.08 of the CEPEX Project Agreement. (a) Except as the Bank shall otherwise agree, or caused procurement of the goods and consultants’ services required for the Project and to be carried out, by (i) the State in respect financed out of the State Projectproceeds 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 terms of reference acceptable to the Bank, and byfurnish such update to the Bank not later than 12 months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.06. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan for the future operation of the Project; and (b) afford the Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, North-East Provincial Council to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State North-East Provincial Council therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State North-East Provincial Council to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall: shall cause the North-East Provincial Council to: (i) take all action as shall be required to regulate, carry out its obligations in a manner satisfactory to accordance with the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; provisions of this Agreement and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all and (ii) implement the Project in a timely manner accordance with the Operational Manual, the Social Safeguard Framework, the Environmental Management Framework, and the Financial Manual, and except as the Association shall otherwise agree, the Borrower shall not amend or waive any provision thereof if, in sufficient amounts for the purpose of financing the activities under Part H opinion of the Project Association, such amendment or waiver may materially and under adversely affect the State implementation of the Project, respectively, as provided in each POA. (da) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project Credit available to the State; North-East Provincial Council in accordance with terms and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory conditions acceptable to the BankAssociation. (eb) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory take adequate and timely measures to ensure that sufficient funds from its own resources are made available to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 North East Provincial Council to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying carry out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to , as such provisions may be further elaborated in the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order The Borrower shall cause the North East Provincial Council to assist update the EMBRAPA Procurement Plan in carrying accordance with the terms of reference acceptable to the Association, and furnish such update to the Association not later than twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.04. (a) Without prejudice to the Borrower’s obligations under Section 9.04 of the General Conditions to ensure that all goods, works, services, training, and Sub-Grants financed out Part H of the Credit proceeds are used exclusively for the Project, the Borrower shall cause EMBRAPAthe North East Provincial Council to ensure that, under contractual arrangements satisfactory to no circumstances, any proceeds of the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment Credit shall be satisfactory to withdrawn, utilized, or made available for the Bankpayment of any taxes, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank levies, fees, or any other surcharges collected or levied by any group, cadre, entity or other non-governmental organization on goods, works or services, or on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981importation, manufacture, procurement or supply thereof. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any without limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the StateEDM to perform, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective its obligations of the State therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State EDM to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation The Borrower shall relend out of the proceeds of the Credit the amount allocated from time to its obligations under paragraph time to Categories (1), (2), (3) (a) above, and (4) (b) of the table in paragraph 1 of Schedule 1 to this Agreement to EDM under an agreement to be entered into between the Borrower shalland EDM, under terms and conditions which shall have been approved by the Association and which shall include: (i) take all action as shall be required a repayment period of twenty five years, including a grace period not to regulateexceed five (5) years, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; interest rate of 7.7 percent per annum, and (Biii) an account opened provisions requiring EDM to bear the foreign exchange risk. (c) The Borrower shall make available, out of the proceeds of the Credit, the amount allocated to Categories (3) (b) and operated by the State, as referred to in Section 2.01 (h4) (a) of the Project table in paragraph 1 of Schedule 1 to this Agreement; all in a timely manner , to EDM, on grant basis, under an agreement to be entered into between the Borrower and in sufficient amounts for the purpose of financing the activities under Part H of the Project EDM, and under terms and conditions which shall have been approved by the State Project, respectively, as provided in each POAAssociation. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Financing Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and, except as the Bank Association shall otherwise agree, the Borrower shall not amend, abrogate abrogate, or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Subsidiary Financing Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by9.07 and

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included Project in Parts D and I accordance with the provisions of the Project; and (iv) EMBRAPA to carry out Part H of the Projectthis Agreement, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural health practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project. (b) Without limitation upon any provision of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall cause each Participating State to carry out its portions of the Project and ensure that the portions to be implemented through SLS and DLS shall be carried out in accordance with the provisions set forth in Schedule 4 to this Agreement and the State’s Memorandum of Understanding, with due diligence and efficiency and in conformity with appropriate administrative, financial and health practices, provide, promptly as needed, the funds, facilities, services and other resources required for the Project; and necessary or appropriate to enable the State SLS and DLS to perform its such obligations, and the State shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make part of the proceeds of the Loan allocated respectivelyCredit available to each: (i) Participating State for purposes the portions of the Project as are to be carried out by such State Project available in accordance with the Borrower’s standard arrangements for development assistance to the StateStates of India; and and (ii) SLS and DLS for Part H the carrying out its portions of the Project available to EMBRAPA; under Project, in accordance with the arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsAssociation. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections Section 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the Project shall be carried out respectively by the Participating State Projectpursuant to the terms of its Memorandum of Understanding. Section 3.04. The Borrower shall ensure that prior to the Project being carried out in a Participating State, such State shall duly execute and deliver to the Borrower and the Association a Memorandum of Understanding with form and content agreed with the Association, including actions set forth in Schedule 4 to this Agreement. Section 3.05. 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 byfurnish 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 Borrower and the Association, a plan for the future operation of NLEP; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.06. Without limitation to the generality of any other provision of this Agreement, the Borrower shall review biannually with the Association progress in Project implementation over the preceding six months and shall prepare and furnish to the Association during such review a work plan for the six months following such review.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end: (a) shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part A of the Project; , and cooperate with SECAP in carrying out Parts B.1 and B.2 of the Project, through MEC with due diligence and efficiency and in conformity with appro- priate administrative, financial and educational practices, and the Borrower shall provide, promptly as needed, the funds, facilities, services and other resources required for such Parts of the Project and for the proper functioning of every School Network (ivincluding, inter alia, the funds referred to in Section 3.05 of this Agreement and those required to meet all operation and maintenance costs not financed by the proceeds of the Loan); (b) EMBRAPA shall cause SECAP to carry out Part H B of the Project (in cooperation with MEC with regard to Parts B.1 and B.2 of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project AgreementAgreement with due diligence and efficiency and in conformity with appropriate administrative, all the respective obligations of the State therein set forthfinancial and vocational training practices, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable SECAP to carry out such Parts of the State Project (including, inter alia, those funds required to perform its obligationsmeet all operation and maintenance costs not financed by the proceeds of the Loan), and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) SECAP of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in such Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (Dc) undertake shall make proceeds of the Loan available to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand SECAP for working capital credit and for credit under Part I B of the Project under a subsidiary agreement to be entered into between the Borrower and SECAP, under terms and conditions which shall have been approved by the Bank; and (d) shall exercise its rights and carry out its obligations under the Subsidiary Agreement in such manner as to protect the interests of the Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA shall not to assign, amend, abrogate, waive or fail to enforce the Subsidiary Agreement or any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byand

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower CONAFOR declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this the Loan Agreement, and and, to this end end, shall cause: carry out the Project with the assistance of inter alia: (i) SDR to coordinate (at CNA and the federal level) Technical Support Agencies, States and issue guidelines related to the carrying out Municipalities, in respect of Part A of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; Project; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included CNA in Parts D and I respect of Part B of the Project; and and (iviii) EMBRAPA to carry out Part H Federal Agencies in respect of all Parts of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, economic, environmental and agricultural social practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and shall cause the Stateprovide, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 resources required for the State to perform its obligationsProject. (b) CONAFOR shall not later than two months from the date of this Agreement establish, and thereafter maintain, during the implementation of the Project: (i) an advisory committee which shall include a scientific and technical group to advise CONAFOR with regard to the Project; and (ii) a Project team, all with functions and responsibilities satisfactory to the Bank, and those referred to in (ii) above, at all times headed by a Project coordinator and sub-unit managers, and assisted by administrative and technical staff in adequate numbers, and with qualifications and experience satisfactory to the Bank; with procurement and financial management experts employed no later than three months after the date of this Agreement and other key staff, not take or permit to be taken any action which would prevent or interfere with such performancelater than six months thereafter. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as CONAFOR shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for enter into an agreement with each Community and/or Ejido carrying out a Technical Strengthening Activity (the Project available Implementation Agreement) prior to them submitting (through NAFIN) the respective withdrawal application, under terms and conditions substantially similar to those of the model form contained in a timely manner; and the Operational Manual (ii) provide or cause SUDENE the Implementation Agreement), such agreement to provide advances for the Community’s and/or Ejido’s, and CONAFOR’s respective responsibilities in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) carrying out of the Project Agreement; all Technical Strengthening Activity in a timely manner and in sufficient amounts for accordance with the purpose of financing the activities under Part H requirements of the Project and under the State Project, respectively, as provided in each POAOperational Manual. (d) The Borrower CONAFOR shall make the proceeds enter into an agreement with each Community, Ejido and/or land user providing Environmental Services under terms and conditions substantially similar to those of the Loan allocated respectively:model form contained in the Operational Manual, which shall include, inter alia, their respective responsibilities in the carrying out and financing of the Environmental Services (the PES Contracts). (ie) for purposes CONAFOR shall, not later than six months from the date of this Agreement, or such later date as the State Project available to the StateBank may agree, enter into an agreement or agreements, with: (a) CAN; and (iib) for Part H at least two Technical Support Agencies to assist in the development of the Project available to EMBRAPA; Water Environmental Services and Biodiversity Environmental Services respectively under arrangements terms and conditions satisfactory to the Bank. (ef) The Borrower, through DTN, CONAFOR shall enter into agreements, satisfactory to the Bank, an agreement with each Environmental Services provider, recipient of the Participating Banksa Local Financing Grant, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the under terms and conditions set forth in Schedule 5 substantially similar to this 2. to those of the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth model form contained in the MCR applicable to the Program; (B) allocate on a priority basisOperational Manual, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CARwhich shall include, on credit availability (including working capital credit)inter alia, the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank their respective responsibilities in the carrying out and financing of the credit program included in Part I of Environmental Services (the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the ProgramFinancing Agreements). (g) Without limitation to CONAFOR shall exercise its other rights and carry out its obligations under this Sectioneach of the Implementation Agreements, Cooperation Agreements, PES Contracts and Financing Agreements in such a manner as to protect the interests of the Borrower shall provide and the funds necessary Bank and to finance accomplish the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date purposes of the Amending AgreementLoan and the GEF Trust Fund Grant, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and and, except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA CONAFOR shall not to assign, amend, abrogate, waive suspend, waive, terminate or fail to enforce any of the Implementation Agreements, Cooperation Agreements, PES Contracts, Financing Agreements or any provision of such agreementthereof. (ia) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan and the GEF Trust Fund Grant shall be made in accordance with governed by the provisions of the Schedule 2 to this Agreement, as said provisions may be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order to assist CONAFOR shall update the EMBRAPA Procurement Plan in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory accordance with guidelines acceptable to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, furnish such consultants to be selected in accordance with principles and procedures satisfactory update to the Bank on not later than 12 months after the basis date of the "Guidelines preceding Procurement Plan, for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Bank’s approval. Section 3.042.03. The Bank and the Borrower hereby agree that CONAFOR shall carry out the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State ProjectProject Agreement. Section 2.04. CONAFOR shall duly perform all its obligations under the GEF Subsidiary Contract and the ▇▇▇▇▇▇▇ Contract. Except as the Bank shall otherwise agree, CONAFOR shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the GEF Subsidiary Contract or the ▇▇▇▇▇▇▇ Contract or any provision thereof. Section 2.05. CONAFOR shall carry out the Project in accordance with the Operational Manual, said manual to include, inter alia: (a) the procedures for the carrying out, monitoring and evaluation of the Project (including the procurement, financial management and disbursement requirements thereof); (b) the Operational Rules; (c) other criteria for the approval, implementation and monitoring of Technical Strengthening Activities, Local Financing Grants and Environmental Services complementary to those of the Operational Rules; (d) model agreements for implementation of Technical Strengthening Activities, Environmental Services and Local Financing Grants; (e) the Environmental Management Plan, and bythe IPDP; (f) the Performance Indicators; and (g) the organization of the Advisory Committee and the Project Team. 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 2.06. CONAFOR shall during the execution of the Project: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, and in accordance with the Performance Indicators the carrying out of the Project (including the Technical Strengthening Activities, Local Financing Grants and Environmental Services), and the achievement of its objective; (b) furnish to the Bank, not later than March 15 and September 15 of each year, commencing September 15, 2006, a progress report on the execution of the Project during the period immediately preceding the date of each such report, said report to be of such scope and detail as the Bank may reasonably request and to include the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section; (c) carry out, jointly with the Bank, not later than April 30 and October 31 of each year, commencing October 31, 2006, reviews of the progress of the Project and the attainment of Project objective on the basis of the reports referred to in paragraph (b) of this Section; and (d) thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of its objective, based on the conclusions and recommendations of the said reports, and the Bank's views on the matter. Section 2.07. CONAFOR shall, in the event that the provision of Local Financing Grants in Eligible Pilot Areas involve indigenous peoples, comply with the requirements of the IPDP, and: (a) prepare, and prior to the submission of the respective withdrawal application (through NAFIN) seek the Bank’s approval of the respective IAP, and (b) thereafter carry out the IAP as set forth therein. Section 2.08. CONAFOR shall issue directives, satisfactory to the Bank, setting forth specific rules and procedures for the operation of the Endowment Fund including, inter alia, the Endowment Fund’s: (a) governance structure; (b) financial structure and asset management agency’s role; (c) mechanisms to finance Biodiversity Environmental Services; (d) the disbursement, auditing and reporting requirements, including those set forth in Section 2.09 of this Agreement; (e) the expenditures eligible for financing as Biodiversity Environmental Services; (f) the criteria for eligibility of Biodiversity Environmental Services and institutional arrangements required therefor; and (g) monitoring and evaluation requirements. In case of any conflict between the terms of this Agreement and those of the Endowment Fund Directives, the terms of this Agreement shall prevail. Section 2.09. With respect to Part A.2 (b) (iii) of the Project: (a) CONAFOR shall deposit within the Endowment Fund all proceeds of the GEF Trust Fund Grant disbursed under Category (2) of the table in paragraph A. 1 of Schedule 1 to the Loan Agreement. Once so deposited, said proceeds shall constitute part of the Endowment Fund’s capital. (b) The Endowment Fund’s capital shall be invested by CONAFOR through an asset management agency contracted under a contract, satisfactory to the Bank, between CONAFOR and said management agency, which contract shall require said agency to: (i) invest the Endowment Fund capital in accordance with the instructions issued by CONAFOR and set forth in the Endowment Fund Directives; (ii) for each year of Project implementation, only release to CONAFOR investment income derived from the Endowment Fund’s capital (and a portion of the Endowment Fund’s capital in case the use of such portion has been given prior explicit approval in writing by the Bank); (iii) not later than one month after the end of each semester in the relevant year of Project implementation, provide to CONAFOR bi-annual reports regarding management performance, capital value, asset allocation, and investment income (including dividends) with respect to the Endowment Fund; and (iv) provide CONAFOR with information required by CONAFOR to comply with its obligations under Section 4.02 of this Agreement in respect of the Endowment Fund. (c) CONAFOR shall exercise its rights and carry out its obligations under the Asset Management Contract in such a manner so as to protect the interests of the Bank and to accomplish the purposes of the GEF Trust Fund Grant. Except as the Bank may otherwise agree, CONAFOR shall not amend, waive or fail to enforce any provision of the Asset Management Contract. In case of any conflict between the terms of the Asset Management Contract and those of this Agreement, the terms of this Agreement shall prevail. (d) CONAFOR shall provide the Bank with plans for the use of the proceeds of the Endowment Fund for each year of the Project. Section 2.10. Amounts released by the Asset Management Agency to CONAFOR under Section 2.09 (b) (ii) of this Agreement shall be used for financing the costs of Biodiversity Environmental Services, all as prescribed, inter alia, in this Agreement, and the Endowment Fund Directives. Section 2.11. CONAFOR shall furnish to the Bank for its review and approval: (a) not later than six months after the Effective Date, the proposed revisions to the Operational Rules that may be required: (i) to comply with the environmental and social requirements of the Project; and (ii) for the financing of Local Financing Grants; and (b) thereafter any other proposed changes to the Operational Rules, including all those developed under Part B.1 (b) of the Project. Section 2.12. For the purposes of Section 9.07 of the General Conditions applicable to the Loan Agreement, the GEF Grant Agreement and this Agreement and without limitation thereto, CONAFOR shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Bank and CONAFOR, a plan for the future operation of the Project; and (b) afford the Bank a reasonable opportunity to exchange views with CONAFOR on said plan.

Appears in 1 contract

Sources: Project Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall carry out through DOLIDAR, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, cause each DDC to carry out out, the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, transport, environmental and agricultural social practices, and shall provide, and cause each DDC to 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 through DOLIDAR, and cause each DDC to carry out, the Project in accordance with the implementation program set forth in Schedule 4 to this Agreement. (c) Without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower Recipient shall cause the Stateexecute with each DDC a Memorandum of Understanding, under contractual arrangements satisfactory to the BankAssociation and including the provisions set forth in Schedule 5 to this Agreement, and promptly upon such execution furnish a copy thereof to the Association, before such DDC participates in the carrying out of any activities under the Project. If any provision of any such Memorandum of Understanding is inconsistent with a provision of this Agreement, the provision of this Agreement shall govern. (d) Without any limitation or restriction upon any of its other obligations under this Agreement, the Recipient shall cause each DDC to perform in accordance with the provisions of the Project Agreement, applicable Memorandum of Understanding all the respective obligations of the State such DDC therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State such DDC to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (ce) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as The Recipient shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project make available to them each DDC under its Memorandum of Understanding, as a grant and in a timely manner, (i) part of the proceeds of the Grant; and (ii) provide or cause SUDENE additional funds from the Recipient’s own resources if and as required for such DDC to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the carry out its activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement, as said provisions may be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order to assist the EMBRAPA in carrying out Part H of the ProjectThe Recipient shall, the Borrower and shall cause EMBRAPAeach DDC to, under contractual arrangements satisfactory to update the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected Procurement Plan in accordance with principles and procedures satisfactory guidelines acceptable to the Bank Association, and furnish such update to the Association not later than nine (9) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Recipient shall: (a) prepare, on the basis of guidelines acceptable to the "Guidelines 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 Use Recipient and the Association, a plan designed to ensure the continued achievement of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by Project’s objectives; and (b) afford the bank in August 1981Association a reasonable opportunity to exchange views with the Recipient on said plan. Section 3.04. The Bank Recipient and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.08 9.06 and 9.09 9.07 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance reports and land acquisitionmaintenance, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byactivities to be carried out by each DDC shall be carried out by such DDC pursuant to its Memorandum of Understanding.

Appears in 1 contract

Sources: Development Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment State shall carry out and cause the Executing Entities to carry out the objectives State Project with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering and agricultural practices, and, without in any way limiting the obligation of the Project as set forth in Schedule 2 to this Borrower under Section 3.01 (b) of the Loan Agreement, shall provide whenever needed, in a timely manner, all funds, facilities, services and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to other resources necessary for the carrying out of the ProgramState Project. (b) Without limitation to the foregoing, to propose annual budgets and for such Program and to purposes of carrying out the State Project, the State shall: (i) take all actions necessary to ensure the availability of the counterpart funds to be provided by the State for the carrying out of such Program the State Project in a timely manner; (ii) SUDENE to coordinate (at the regional level)maintain CAR with functions, supervise staff and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements organizational structure satisfactory to the Bank, inter alia, as provided for in Schedule 3 to perform this Agreement, and with the authority for, inter alia, entering into agreements, administering funds, and making payments; and (iii) cause CAR to enter into agreements with Associacaes and the Executing Entities, on terms and conditions satisfactory to the Bank, such agreements to contain, inter alia: (A) the obligation of the Associacaes and of the Executing Entities to carry out their respective Parts of the State Project in accordance with the provisions terms and conditions of this Agreement and of the Project Loan Agreement, all when applicable; (B) the obligation of CAR to provide the resources required by the Associacaes and the Executing Entities to carry out their obligations, with specific reference to the terms on which the funds will be transferred and disbursed; (C) the obligation of the Associacaes and of the Executing Entities to furnish to CAR periodic reports on physical and financial indicators showing the progress on the execution of their respective obligations Parts of the State therein set forth, shall take Project; and (D) the right of the CAR to suspend disbursements in respect of Associacaes or cause of Executing Entities and to be taken all action, including unilaterally terminate the provision agreement in case of funds, facilities, services and other resources, necessary failure by any such Associacao or appropriate Executing Entity to enable the State to perform carry out its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceobligations in a diligent manner. (c) Without limitation The State shall cause CAR to its obligations under paragraph (a) aboveprepare a consolidated monitoring summary on the implementation of the State Project during each semester, the Borrower shall: (i) take all action of such scope and in such detail as shall be required to regulate, in a manner satisfactory to the Bank, and to furnish each such report to SUDENE and the funding procedures which will ensure that Bank no later than three months after the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) end of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAsemester. (d) The Borrower State shall make the proceeds of the Loan allocated respectively: cause CAR to: (i) prepare, in consultation with SUDENE, a POA and a budget for purposes of the State Project available to the Statefor each fiscal year; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory furnish to the BankBank and to SDR, for review, by not later than November 30 of each year, any such POA for the following year. (e) Except as the Bank shall otherwise agree, the preparation, appraisal, execution, supervision, monitoring and evaluation of Subprojects shall be done in accordance with Schedule 1 to this Agreement. (f) The Borrower, through DTN, State shall cause CAR to enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish public or private entities acceptable to the Bank, through DTN, at regular intervals, all for the Provisional Execution of a Subproject by such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Programentities. (g) Without limitation The State shall cause CAR to its other obligations under this Sectionprepare, jointly with the Beneficiary, Subprojects to be carried out in 1993 and to provide SUDENE and the Bank, for their approval, by not later than December 31, 1992, the Borrower Subprojects which implementation shall provide begin during 1993, together with the funds necessary to finance the costs justification of any subsidies related to the terms of onlending referred to in paragraph (e) abovetheir technical, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao)economic, financial and managerial feasibility. (h) the Borrower The State shall: (i) cause EMBRAPA CAR to enter into establish an agreement with SUDENE, on account under terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory a financial institution acceptable to the Bank, the proceeds of such account to be used exclusively for expenditures related to the carrying out the State Project; and shall(ii) promptly deposit in such account all advances received from the Borrower or SUDENE pursuant to Section 3.01 (c) (ii) of the Loan Agreement, immediately thereafter, if recommended in addition to all counterparts funds to be provided by such review, amend the Program, taking into account such recommendationsState pursuant to Section 2.01 (b) of this Agreement. Section 3.022.02. Except as the Bank shall otherwise agree, procurement of the goods, goods and works and services required for the carrying out of the State Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan and the employment of consultants to assist the State and the Executing Entities in carrying out the State Project shall be made in accordance with governed by the provisions of Schedule 2 to this Agreement. Section 2.03. The State shall enable the Project AgreementBank’s representatives to examine all plants, installations, sites, works, buildings, property and equipment of the State and any relevant records and documents in respect of the State Project. (a) The Borrower State shall: (i) furnish , at the request of the Bank, exchange views with the Bank and SUDENE with regard to the Bank by October 31 in each year, for its review and commentprogress of the State Project, the proposed POA performance of its obligations under this Agreement and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish other matters relating to the Bank by January 1 in each year purposes of the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetLoan. (b) In order The State shall promptly inform the Bank and SUDENE of any condition which interferes or threatens to assist interfere with the EMBRAPA in carrying out Part H progress of the State Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis accomplishment of the "Guidelines for purposes of the Use of Consultants by World Bank Borrowers and Loan, or the performance by the World Bank as Executing Agency" published by the bank in August 1981State of its obligations under this Agreement. Section 3.042.05. The Bank and the Borrower hereby agree that State shall carry out, or cause to be carried out, the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byprovided, however, that for purposes of Section 9.07, the State shall discharge its obligations through CAR.

Appears in 1 contract

Sources: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all or cause the Project to be carried out, with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, educational and agricultural engineering practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. To that end, the Borrower shall make, and cause the Province to make to the extent of its responsibility for carrying out the Project, adequate and timely budgetary provisions for the implementation of the Project. (b) Without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Province to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Province to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under upon the provisions of paragraph (a) above, of this Section and except as the Borrower shall: (i) take all action as shall be required to regulate, acting in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible consultation with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (BProvince) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Association shall otherwise agree, the Borrower shall not amendcarry out the Project, abrogate or waive cause the provisions of Project to be carried out, in accordance with the MCR applicable Implementation Program set forth in Schedule 4 to the Programthis Agreement. (ga) Without limitation For the purposes of contributing to its other obligations under this Sectionthe development of the primary education sector of the Borrower, the Borrower shall provide carry out or cause to be carried out the funds necessary Project in accordance with a Primary Education Action Program to finance be agreed upon between the costs Borrower (acting in consultation with the Province) and the Association. (b) The Borrower and the Association shall annually exchange views on the progress achieved in carrying out the Project and the Action Program in accordance with criteria and a timetable to be agreed between the Borrower (acting in consultation with the Province) and the Association. (c) Prior to any of any subsidies related to the terms exchange of onlending views referred to in paragraph (eb) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shallshall furnish to the Association for its review and comments: (i) cause EMBRAPA to enter into an agreement with SUDENE, a report on terms and conditions satisfactory to the Bank, not later than six months after progress in the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H implementation of the Project as well as on the progress achieved in carrying out the Action Program; and except as (ii) estimated Project expenditures to be incurred by the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreementBorrower in the subsequent fiscal year. (i) The Borrower shall, by not later than June 30, 1993, review, together with Section 3.03. In order to assist the Bank and SUDENEProvince in carrying out those parts of the Project for which the Province is responsible, the ProgramBorrower shall make available to the Province part of the proceeds of the Credit, in accordance with procedures, and terms of reference and conditions, mutually satisfactory to the Bank, Borrower and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsAssociation. Section 3.023.04. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) Section 3.05. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byParts of the Project for which the Province is responsible shall be carried out by the Province pursuant to Section 2.03 of the Project Agreement.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and to this end Recipient shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativeadministrative and financial practices, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreementshall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants' services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower Recipient shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Recipient responsible for carrying out the Project or any part thereof. (b) The Recipient shall: : (i) have the records and accounts referred to in paragraph (a) of this Section for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Administrator; (ii) furnish to the Bank by October 31 Administrator as soon as available, but in any case not later than six months after the end of each such year, for its review the report of such audit by said auditors, of such scope and comment, in such detail as the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal yearAdministrator shall have reasonably requested; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and and (iii) furnish to the Bank by January 1 in each year Administrator such other information concerning said records and accounts and the administrative regulation approving audit thereof as the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order Administrator shall from time to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981time reasonably request. Section 3.04. The Bank and Without limitation upon the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 applicable provisions of Article IX of the General Conditions Conditions, the Recipient shall: (relating a) prepare, on the basis of guidelines acceptable to insurancethe Administrator, use of goods and servicesfurnish to the Administrator not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Recipient and the Administrator, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused a plan to be carried out, by (i) ensure the State in respect continued achievement of the State objectives of the Project; (b) afford the Administrator a reasonable opportunity to exchange views with the Recipient on said plan; and (c) thereafter, carry out said plan with due diligence and byefficiency and in accordance with appropriate practices, taking into account the Administrator's comments thereon.

Appears in 1 contract

Sources: Japanese Grant Agreement

Execution of the Project. (a) The Borrower Oyo State declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreementthe Loan Agreement and, and to this end end, shall cause: (i) SDR carry out, or cause to coordinate (at be carried out, with the federal level) and issue guidelines related to the carrying out assistance of the ProgramIbadan Municipal Government and other local governments in Oyo State, to propose annual budgets for such Program Parts A, B and to take all actions necessary to ensure the availability C of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering and agricultural infrastructure development policies and practices, and shall provide, or cause to be provided promptly as needed, the funds, facilities, services and other resources required for the said Parts of the Project. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the Oyo State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its ’s obligations under paragraph (a) aboveof this Section, the Borrower Oyo State shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State provide in its annual budget amounts sufficient to cover Oyo State’s counterpart contributions to Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrowercosts; (ii) enable open and maintain an account at a commercial or merchant bank (the Borrower Oyo State Project Account) to comply with its obligations be used exclusively for expenditures under this AgreementParts A, B and C of the Project; and (iii) achieve pay into the Oyo State Project Account each quarter (commencing not later than the first month of the quarter immediately following the quarter in which the Loan Agreement becomes effective) Oyo State’s counterpart contributions to the Project. The Borrower, the Bank and Oyo State presently estimate Oyo State’s counterpart contributions to Project costs to amount in 1989 prices to $6,800,000 equivalent over the Project period. (c) Oyo State shall, for the purposes of the Project. , open and maintain (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds cause to be allocated for such purpose from opened and maintained) in a commercial or merchant bank in dollars a special account (the federal budget (Orcamento da Uniao). (hOyo State Special Account) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank. Deposits into, not later than six months after and payments out of, the date of Oyo State Special Account shall be made in accordance with the Amending provisions Schedule 2 to this Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (id) The Borrower shall, by not later than June 30, 1993, review, together Oyo State shall continue to maintain in a form and with the Bank and SUDENE, the Program, in accordance with terms of reference functions satisfactory to the Bank, the Project Coordinating Unit of its Ministry of Finance and shall, immediately thereafter, if recommended Economic Planning and the Interministerial Committee established by such review, amend Oyo State for purposes of the Program, taking into account such recommendationsProject. Section 3.022.02. Except as the Bank shall otherwise agreeagree i, procurement of the goods, works and consultants’ services required for the carrying out Parts A, B and C of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each yearSection 2.03. Oyo State shall carry out, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall or cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that carried out, the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of this Agreement. Section 2.04. Oyo State shall duly perform all its obligations under the Oyo State Subsidiary Loan Agreement. Except as the Borrower and the Bank shall otherwise agree, Oyo State shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Oyo State Subsidiary Loan Agreement or any provision thereof. (a) Oyo State shall, at the request of the Borrower or the Bank, exchange views with the Borrower and the Bank with regard to the progress of the Project, the performance of its obligations under this Agreement and byunder the Oyo State Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan. (b) Oyo State shall promptly inform the Borrower and the Bank of any condition which interferes or threatens to interfere with the progress of the Project, the accomplishment of the purposes of the Loan, or the performance by Oyo State of its obligations under this Agreement and under the Oyo State Subsidiary Loan Agreement. Section 2.06. Oyo State shall carry out the actions described in Schedule 3 to this Agreement.

Appears in 1 contract

Sources: Oyo State Project Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 Project, and, to this Agreementend, and to this end shall causecarry out: (ia) SDR to coordinate (at the federal level) Parts A, B, C and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project, through the PCM, and the assistance of the participating agencies (pursuant to the terms of the corresponding Participating Inter-institutional Agreement); and (ivb) EMBRAPA to carry out Part H E of the Project, through the PCM, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, trade and agricultural environmental practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. Section 3.02. (ca) Without limitation to its obligations under paragraph (a) abovethe provisions of Section 3.01 of this Agreement, the Borrower Borrower, through PCM, shall: , prior to carrying out a Project activity (iunder Parts A, B, C or D of the Project) take all action in which the assistance of a Participating Agency is needed, enter into an agreement (the Participating Inter-institutional Agreement; hereinafter referred to as shall PIA) with such Participating Agencies, each such PIA to be required to regulate, in a manner satisfactory form and substance analogous to the Bankmodel PIA contained in the Operational Manual and providing, inter alia, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectivelyfollowing: (i) for purposes that each Participating Agency shall, in a manner consistent with the Project implementation responsibilities set forth in Section 3.01 of this Agreement, carry out, or assist PCM in carrying out, the State Project available as detailed in the applicable strategic plan, attached to the State; and said PIA; (ii) for Part H of that the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTNPCM, shall enter into agreements, satisfactory provide in a timely manner the goods and/or services required for each Participating Agency to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth assist in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I implementation of the Project; (Diii) undertake that each Participating Agency shall assist PCM to provide monthly information to SUDENE allow full compliance with the obligations set forth in Section 3.09 and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I Article IV of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiariesthis Agreement; and (Fiv) that the PCM and each Participating Agency shall agree on the appropriate design and implementation of a communication and outreach program for the Project directed to the private sector, including but not limited to workshops, advisory panels and consultations between the private and public sector; (i) The Borrower, through PCM, shall exercise its rights in relation to and carry out its obligations under each Subproject PIA in such a manner as to: (i) to protect the interest interests of the Borrower and the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project.Loan; and (fii) Unless except as the Bank shall otherwise agree, the Borrower shall not amendassign, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, repeal, terminate, waive or fail to enforce any PIA or any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.023.03. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to this Agreement. Section 3.04. The Borrower, through PCM, shall establish and maintain, during the implementation of the Project, a Project coordination unit, with functions and responsibilities satisfactory to the Bank, at all times headed by a Project Agreementcoordinator and assisted by staff in adequate numbers, and with qualifications and experience acceptable to the Bank. Section 3.05. The Borrower, through PCM, shall carry out the Project in accordance with an operational manual, satisfactory to the Bank, said manual to include, inter alia: (a) functions and organization of the PCU; (b) personnel and terms of reference of key personnel of the PCU, including: (i) the Project coordinator; (ii) the head of the operations unit; (iii) the head of the financial management unit; (iv) the Project accountant; and (v) the procurement specialist; (c) disbursements arrangements under the Project; (d) flow of funds and monitoring and evaluation procedures in respect of the Project; and (e) the model PIA. Section 3.06. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall cause PCM to: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, a plan to ensure the proposed POA and budget for sustainability of the Project and for the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend on said plan. Section 3.07. The Borrower, through PCM, shall ensure that the actions to introduce be undertaken by the Borrower as a result of the carrying out of the Project shall not violate or contradict any provisions set forth in international trade agreements to such proposed POA which Peru is a party and budget; that have been ratified by the Borrower’s Congress. Section 3.08. The Borrower, through PCM, shall ensure the due and timely completion of all actions provided for in the financial management action plan reflected in the Implementation Letter. Section 3.09. The Borrower, through PCM, shall: (iiia) furnish maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the Bank by January 1 performance indicators set forth in each year the administrative regulation approving Implementation Letter, the POA for carrying out of the fiscal year which is being initiated on such date Project and by March 15 in each year the final approved version achievement of such budget.the objectives thereof; (b) In order to assist the EMBRAPA prepare in carrying out Part H of the Project, the Borrower shall cause EMBRAPAconjunction with each Participating Agency, under contractual arrangements terms of reference satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory furnish to the Bank, not later than twelve months after the Effective Date and each semester thereafter during the period of Project implementation, a report integrating the results of the 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 such consultants report and setting out the measures recommended to be selected in accordance 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 principles and procedures satisfactory to the Bank shortly after each such report’s preparation, each 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 basis conclusions and recommendations of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank said report and the Borrower hereby agree that Bank's views on the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and bymatter.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Project, through CAR with the assistance of the Project; Municipal Councils and (iv) EMBRAPA to carry out Part H of the ProjectMunicipalities, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate social, administrative, agricultural, environmental, financial and agricultural engineering practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 to the provisions of Section 3.01 (a) of this Agreement, necessary or appropriate the Borrower shall carry out the Project in accordance with the provisions and/or recommendations of: (i) the Approved POA; (ii) the plan, furnished by the Borrower to enable the State Bank on January 13, 2005, for the participation of indigenous peoples in the carrying out of Community Subprojects with the assistance of FUNAI; and (iii) a manual, satisfactory to perform its obligationsthe Bank (the Operational Manual), which shall contain the policies and procedures for the carrying out, monitoring and evaluation of the Project, including, inter alia: (A) the procedures for preparation, prioritization and approval of Community Subprojects, including environmental criteria and procedures for screening and management of such Subprojects, as provided in the environmental management plan furnished by the Borrower to the Bank on January 13, 2005, and the expected contribution of such Community Subprojects to a positive impact on the HDI; (B) the criteria for eligibility of Community Associations to participate in the Project; (C) the organization and membership of Municipal Councils; (D) the responsibilities and functions of the Municipal Councils in the selection of Community Associations and Community Subprojects; (E) the procedures and criteria for the provision of Area A Grants and Area B Grants, including, inter alia, the provision that Area A Grants shall not take or permit be made in an aggregate amount equivalent to at least 40% of the total amount of the Grants; (F) the model form of Grant Agreements; (G) the Project procurement and financial management requirements and procedures; and (H) the indicators to be taken used for Project monitoring and evaluation. In case of any action which would prevent or interfere with such performanceinconsistency between a provision of the Operational Manual and this Agreement, the provision of this Agreement will prevail. (c) Without limitation The Borrower shall cause CAR, during Project implementation, to its obligations under paragraph (a) abovehave responsibilities, the Borrower shall: (i) take all action as shall be required to regulate, in a manner structure and functions satisfactory to the BankBank regarding the administration, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; supervision, monitoring and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes evaluation of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made governed by the provisions of Schedule 4 to this Agreement, as said provisions may be further elaborated in the Procurement Plan with respect to Parts B and C of the Project. (b) The Borrower shall update the Procurement 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. Section 3.03. The Borrower shall: (a) maintain a Project monitoring and information system in CAR, satisfactory to the Bank (the MIS), to enable it to monitor and evaluate on an on-going basis, in accordance with the provisions performance indicators set forth in the Operational Manual, the carrying out of Schedule 2 the Project and the achievement of the objective thereof; (b) prepare, under terms of reference satisfactory to the Bank, and furnish to the Bank, not later than twelve months after the Effective Date and yearly thereafter during Project Agreementimplementation, 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 such report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objective thereof during the period following such date; and (c) review such report with the Bank promptly after its preparation, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objective thereof, based on the conclusions and recommendations of the said report and the Bank's views on the matter. Section 3.04. The Borrower shall: (a) The Borrower shall: (i) by October 30 of each year during Project implementation, prepare and furnish to the Bank the proposed annual operating plans and budget, satisfactory to the Bank, detailing the Project activities proposed to be carried out during the next succeeding year and the respective sources of funding therefor; and (b) not later than 30 days after the approval of the Borrower’s budget by October 31 its Assembléia Legislativa (Legislative Assembly), furnish to the Bank the approved annual operating plans and respective budget (Approved POA) referred to in paragraph (a) of this Section for each year, for its review and commentyear in question. Section 3.05. For the purposes of Section 9.07 (c) of the General Conditions, the proposed POA Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and budget furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan for the Project and for future operation of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist Section 3.06. For the EMBRAPA in carrying out purposes of implementing Part H A of the Project, the Borrower shall: (a) after having selected a Community Subproject, enter into a Grant Agreement with a Community Association, in accordance with the terms and conditions set forth in the Operational Manual; and (b) for those Community Subprojects estimated to cost more than the equivalent of $50,000, request Bank’s prior review and approval. Section 3.07. Not later than 60 days after the date of this Agreement, the Borrower shall cause EMBRAPAprepare an action plan, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use implementation of Consultants by World Bank Borrowers and by an information campaign to disseminate information about the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byincluding, inter alia, the guidelines for participation of Community Associations in the Project.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Palestinian Authority with due diligence and efficiency, in accordance conformity with appropriate administrative, economic, educational, and financial practices and agricultural practicesshall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any the provisions of its other obligations under paragraph (a) of this Section and except as the Loan AgreementRecipient and the Administrator shall otherwise agree, the Borrower Recipient, through the Palestinian Authority, shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) The Recipient shall make the proceeds of the Grant available to the Palestinian Authority under a Subsidiary agreement to be entered into between the Recipient and the Palestinian Authority under terms and conditions which shall have been approved by the Administrator. (d) The Recipient shall cause the State, under contractual arrangements satisfactory to the Bank, Palestinian Authority: (i) to perform in accordance with the provisions of the Project Agreement, Subsidiary Agreement all of the respective obligations of the State Palestinian Authority therein set forth, shall ; (ii) to take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, Recipient shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Bank Recipient, the Palestinian Authority and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Grant, and, except as the Bank Administrator shall otherwise agree, the Borrower Recipient shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 8.06 of the General Conditions and without limitation thereto, the Recipient shall cause the Palestinian Authority to: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Administrator, and furnish to the Bank by October 31 in each yearAdministrator not later than six (6) months after the Closing Date, or such later date as may be agreed for its review this purpose between the Palestinian Authority and commentthe Administrator, a plan to ensure the proposed POA and budget for continued achievement of the Project and for the Northeast Rural Development Program for the following fiscal yearProject’s objectives; and (iib) afford the Bank Administrator a reasonable opportunity to comment exchange views with the Palestinian Authority on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Trust Fund Grant Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall: (a) carry out the Policy Action Plan and, through MDU, Institutional Sub-project Components under Parts III and IV of the Project, with the assistance of EBTU, all with due diligence and efficiency and in conformity with appropriate administrative, engineering and financial practices, and the Borrower shall provide, promptly as needed, the funds, facilities, services and other resources required for such purpose; (b) cause the State, under contractual arrangements satisfactory to the Bank, EBTU to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State EBTU therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State EBTU to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance.; (c) Without limitation to its obligations under paragraph (a) above, as part of the Borrower shallforegoing: (i) take all action as shall be required include in its fiscal budget appropriate capital and operating expenditure allocations for EBTU, to regulateensure the timely execution of the Project; (ii) not later than August 31 each year, in a manner satisfactory to exchange views with the Bank, Bank on the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manneradequacy of such allocations; and (iiiii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by promptly after final approval of each year’s fiscal budget, inform the State, as referred to in Section 2.01 (h) Bank of the Project Agreement; all amounts actually allocated in a timely manner and in sufficient amounts such budget for the purpose of financing the activities under Part H purposes of the Project and under the State Project, respectively, as provided in each POA.; (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to EBTU under a subsidiary agreement to be entered into between the State; Borrower and (ii) for Part H of the Project available to EMBRAPA; EBTU, under arrangements satisfactory to terms and conditions which shall have been approved by the Bank.; (e) The Borrower, through DTN, shall enter into agreements, satisfactory exercise its rights under the Subsidiary Agreement in such manner as to protect the Bank, with each interests of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to assign, amend, abrogate, abrogate or waive the Subsidiary Agreement or fail to enforce any provision of such agreement.thereof; (if) The Borrower shall, by not later than June 30, 1993, review, together with carry out the Bank studies included in the Institutional Sub-project Components and SUDENE, in Part IV of the Program, in accordance with Project under terms of reference satisfactory to the Bank, Bank and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to timetables set forth in the Project Agreement.Policy Action Plan; (ag) The Borrower shallpromptly after the completion of each of such studies: (i) furnish to the Bank by October 31 in the recommendations of each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience studies and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, any proposed plan or caused program to be carried out, out by (i) the State in respect Borrower or any of the State Project, and byits agencies based on such recommendations;

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, North-East Provincial Council to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State North-East Provincial Council therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State North-East Provincial Council to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under upon the provisions of paragraph (a) aboveof this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall: shall cause the North-East Provincial Council to: (i) take all action as shall be required to regulate, carry out its obligations in a manner satisfactory to accordance with the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; provisions of this Agreement and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all and (ii) implement the Project in a timely manner accordance with the Operational Manual, the Social Safeguard Framework, the Environmental Management PlanFramework, and the Financial Manual, and except as the Association shall otherwise agree, the Borrower shall not amend or waive any provision thereof if, in sufficient amounts for the purpose of financing the activities under Part H opinion of the Project Association, such amendment or waiver may materially and under adversely affect the State implementation of the Project, respectively, as provided in each POA. (da) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project Credit available to the State; North-East Provincial Council in accordance with terms and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory conditions acceptable to the BankAssociation. (eb) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory take adequate and timely measures to ensure that sufficient funds from its own resources are made available to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 North East Provincial Council to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying carry out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) The Borrower shall: (i) furnish to , as such provisions may be further elaborated in the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plan. (b) In order The Borrower shall cause the North East Provincial Council to assist update the EMBRAPA Procurement Plan in carrying accordance with the terms of reference acceptable to the Association, and furnish such update to the Association not later than twelve (12) months after the date of the preceding Procurement Plan, for the Association’s approval. Section 3.04. (a) Without prejudice to the Borrower’s obligations under Section 9.04 of the General Conditions to ensure that all goods, works, and services, training, and Sub-Grants financed out Part H of the Credit proceeds are used exclusively for the Project, the Borrower shall cause EMBRAPAthe North East Provincial Council to ensure that, under contractual arrangements satisfactory to no circumstances, any proceeds of the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment Credit shall be satisfactory to withdrawn, utilized, or made available for the Bankpayment of any taxes, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank levies, fees, or any other surcharges collected or levied by any group, cadre, entity or other non-governmental organization on goods, works or services, or on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981importation, manufacture, procurement or supply thereof. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreementand, and to this end shall cause: shall: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying carry out Part B of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; Project through MEC; (ii) SUDENE to coordinate (at carry out Part C of the regional level), supervise and monitor the ProgramProject through MoH; and (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA cause IBGE to carry out Part H A of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate economic, administrative, financial financial, environmental and agricultural social practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project. (b) The Borrower shall, necessary or appropriate during the implementation of the Project: (i) maintain in MoH; and (ii) cause IBGE to enable maintain, Project implementation units (PIUs) with functions and responsibilities satisfactory to the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceBank. (c) Without limitation to its obligations The Borrower shall enter into an agreement with IBGE, under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner terms and conditions satisfactory to the Bank, to set forth their respective responsibilities in the funding procedures which will ensure that implementation and coordination of Part A of the Executing Entities shall have Project, including IBGE’s obligation to establish and maintain: (i) the funds required for carrying out the Project available to them in a timely mannerIBGE Unit; and (ii) provide or cause SUDENE a social statistics committee, with powers and responsibilities satisfactory to provide advances in Cruzeiros into: (A) an account opened the Bank, to monitor and operated by EMBRAPA; and (B) an account opened and operated by evaluate the State, as referred to in Section 2.01 (h) statistical information demands of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAother governmental agencies. (d) The Borrower shall make the proceeds of the Loan allocated respectivelyshall: (i) for purposes exercise its rights and carry out its obligations under the IBGE Agreement in such manner as to protect the interests of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner , except as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amendassign, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive suspend, waive, terminate or fail to enforce the IBGE Agreement or any provision thereof; and (ii) cause IBGE to carry out its obligations and exercise its rights under the IBGE Agreement, in such manner as to protect the interests of such agreementthe Borrower and the Bank and to accomplish the purposes of the Loan. (ia) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out Parts A and C of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to this Agreement, as said provisions may be further elaborated in the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetProcurement Plans. (b) In order The Borrower shall update the Procurement Plans in accordance with guidelines acceptable to assist the EMBRAPA in carrying Bank, and furnish such updates to the Bank not later than 12 months after the date of the preceding Procurement Plans, for the Bank’s approval. (c) MEC shall furnish to the Bank for its technical comments the terms of reference of the consultants to be employed for purposes of Part B of the Project. Section 3.03. The Borrower shall: (a) carry out Part H C of the Project through MoH; and (b) cause IBGE to carry out Part A of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles an operational manual, said manual to include, inter alia, the procedures for the carrying out, monitoring and procedures satisfactory to the Bank on the basis evaluation of the "Guidelines for Project (including the Use procurement, financial and disbursement requirements thereof and the Performance Indicators). In case of Consultants by World Bank Borrowers any conflict between the terms of the Operational Manual and by those of this Agreement, the World Bank as Executing Agency" published by the bank in August 1981terms of this Agreement shall prevail. Section 3.04. The Bank Borrower shall through MEC and MoH, and cause IBGE to: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the Performance Indicators, the carrying out of the Project and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 achievement of the General Conditions objective thereof; (relating b) prepare, under terms of reference satisfactory to insurancethe Bank, use and furnish to the Bank, not later than six months after the Effective Date and biannually thereafter during the period of goods and servicesProject implementation, plans and schedules, records and three reports, maintenance one each for MEC, MoH and land acquisitionIBGE, respectivelycomprising the results of the evaluation activities performed pursuant to paragraph (a) shall be carried outof this Section, or caused on the progress achieved in the carrying out of the Project during the period preceding the date of such report and setting out the measures recommended to be carried out, by ensure the efficient carrying out of the Project and the achievement of the objective thereof during the period following such date; and (c) (i) review with the State Bank, within no more than two months after each such report’s preparation, the reports referred to in respect paragraph (b) of the State Project, and bythis Section; and

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at carry out, through the federal level) Treasury, Parts B, C and issue guidelines related to the carrying out E of the ProgramProject and shall carry out, to propose annual budgets for such Program and to take all actions necessary to ensure through the availability SPO, Part D of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural economic practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Parts of the Project, including annual budgetary provisions in an amount and on a schedule satisfactory to the Bank. (b) Section 3.02. Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, PPA to perform all its obligations set forth in accordance with the provisions of the Project Agreement, all the respective obligations of Subsidiary Project Agreement and the State therein set forthStatutes, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State PPA to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) aboveFor purposes of carrying out Part A of the Project, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreementsa subsidiary project agreement, satisfactory to the Bank, with each the PPA, whereby the PPA shall be appointed executing agent of the Participating BanksBorrower for carrying out such activities under Part A of the Project as shall have been specified therein, providing for the Participating Bank toincluding, inter alia: (Ai) on-lend the proceeds carrying out by the PPA of the Loan allocated for purposes of the credit programs included in Parts D and I Part A of the Project with due diligence and efficiency and in accordance with: Agreement; and 1. the terms conformity with appropriate administrative, financial and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Programcommercial practices; (Bii) allocate on a priority basis, adequate funds the carrying out by the PPA of the procurement and related accounting for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts goods and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand consultants’ services required for working capital credit and for credit under Part I A of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying be financed out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (Fiii) the utilization of funds by the PPA, including the proceeds of the Loan provided by the Borrower, required for the support of the operation of the PPA undertaken in accordance with subparagraphs (i) and (ii) of this Section. (b) The Borrower shall exercise its rights in relation to each Subproject under the Subsidiary Project Agreement in such a manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Bank, to comply with its obligations under the provisions of this Agreement; , and (iii) achieve to accomplish the purposes of the ProjectLoan, and, except as the Bank shall otherwise agree, not assign, amend, abrogate or waive the Subsidiary Project Agreement or any provision thereof. Section 3.04. Without limitation upon the provisions of paragraph (fa) Unless of this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall not amendcarry out Parts B, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this SectionC, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms D and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H E of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 5 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.023.05. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out Parts B, C, D and E of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981.Schedule Section 3.043.06. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byand

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying carry out Part A.6 of the ProgramProject through MICOMART, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; Part A.3 (ii) SUDENE to coordinate of the Project through MINAGRI and Parts A.1, A.2, A.3 (at the regional leveli), supervise A.4, A.5, B.4 and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I B.6 of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project through MINITRAPE with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, environmental and agricultural public utility practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the The Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, ELECTROGAZ or its successor to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State ELECTROGAZ therein set forth, shall take or and cause to be taken all actionactions, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State ELECTROGAZ or its successor to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph upon the provisions of paragraphs (a) aboveand (b) of this Section and, except as the Borrower and the Association shall otherwise agree, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out cause the Project available to them be carried out in a timely manner; and (ii) provide or cause SUDENE accordance with the Implementation Program set forth in Schedule 4 to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project this Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with Without limitation upon the provisions of Schedule 5 to this AgreementAgreement and, except as the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Association shall otherwise agree, the Borrower shall not amendprevent ELECTROGAZ or any of its successors in taking all necessary actions specified in Sections 4.03, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms 4.04 and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H 4.05 of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsAgreement. Section 3.02. Except as The Borrower shall, for the Bank shall otherwise agree, procurement purposes of Part B.1 and B.5 of the goodsProject, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed relend out of the proceeds of the Credit an amount equivalent to thirteen million four hundred forty thousand dollars ($13,440,000) to ELECTROGAZ under a Subsidiary Loan shall Agreement to be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications entered into between the Borrower may intend to introduce to and ELECTROGAZ under terms and conditions which shall have been approved by the Association and which shall provide, inter alia, that such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory proceeds be relent at a variable interest rate at all times equal to the Bank’s interest rate on loans plus one percent (1%) commission, to employ consultants whose qualifications, experience and terms and conditions for a term of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis twenty-five (25) years including a grace period of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byfive

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end: (i) SDR shall carry out, and cause to coordinate (at be carried out, the federal level) and issue guidelines related to the carrying out National Component of the ProgramProject through MOPH with due diligence and efficiency and in conformity with appropriate public health and environmental practices, to propose annual budgets and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I National Component of the Project; and and (ivii) EMBRAPA shall cause the TB Control Provinces to carry out Part H A of the Project and shall cause the Schistosomiasis Control Provinces to carry out Part B of the Project, other than the National Component, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial public health and agricultural environmental practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable Project Provinces to carry out the State to perform its obligationsProject, and shall not take or permit to be taken any action which would prevent or interfere with such performancethe carrying out of the Project by Project Provinces. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make cause the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to be carried out in each Project Province pursuant to a project implementation agreement, acceptable to the State; Association, to be entered into between the Borrower and (ii) for Part H of the each Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The BorrowerProvince, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. including the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 4, Part B to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information . Except as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate abrogate, fail to enforce, or waive any PIA or any provision thereof; (c) The Borrower shall make the provisions portion of the MCR applicable proceeds of the Credit required to carry out the Program. Project (gother than the National Component) Without limitation in each Project Province available to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, Project Province on terms and conditions satisfactory to the BankAssociation, not later than six months after including those terms and conditions set forth in Schedule 6 to this Agreement; (d) Without limitation upon the date provisions of the Amending Agreement, such agreement to define the respective responsibility paragraph (a) of SUDENE and EMBRAPA regarding Part H of the Project this Section and except as the Bank Borrower and the Association shall otherwise agree, the Borrower shall carry out and cause SUDENE to be carried out the National Component of the Project, and EMBRAPA not shall cause the Project Provinces to amendcarry out the Project (other than the National Component), abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, all in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 4 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank Association and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating respectively to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect of the State National Component of the Project shall be carried out by the Borrower and the Project Provinces through PIAs in respect of the remaining Parts of the Project, and by.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, cause FHIS to carry out the credit program included in Project with the assistance of the Participating Agencies, the Eligible Municipalities, and, for purposes of Parts D A and I E of the Project; and (iv) EMBRAPA to carry out Part H of the Project, BANHPROVI, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial engineering, economic, financial, technical, social and agricultural environmental practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform and in accordance with the provisions of Operational Manual, and shall provide, promptly as needed, the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make enter into an agreement with FHIS and BANHPROVI (the proceeds of Tripartite Subsidiary Agreement), satisfactory to the Loan allocated respectivelyAssociation, providing inter alia, for: (i) for purposes the provision to FHIS of the State Project available funds, facilities, services and other resources required to enable FHIS to carry out the State; and (ii) for Part H Project, including the transfer of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated Credit required for purposes Parts B through E of the credit programs included in Parts D Project on a grant basis; (ii) the provision to BANHPROVI of the funds, facilities, services and I other resources required to enable BANHPROVI to carry out Part A of the Project, including the transfer of the proceeds of the Credit required for Part A of the Project on a grant basis; (iii) the obligation of FHIS and, with respect to Part A of the Project, BANHPROVI, to carry out the Project in accordance with: Agreement; and 1. with the terms and conditions set forth in Schedule 5 to thisthis Agreement and in the Operational Manual, including their respective obligations to: 2. to the extent that they are compatible (A) comply with the provisions of Schedule 5 to Sections 4.01 and 4.02 of this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for promptly inform the financing Association of working capital (custeio) needs any condition which interferes or threatens to interfere with the progress of the BeneficiariesProject or the Subprojects, the accomplishment of the purposes of the Credit, or the performance of their obligations under the Tripartite Subsidiary Agreement; (C) maintain separate accounts and records adequate prepare the reports referred to record and monitor the progress in Section 3.13 of the credit programs under Parts D and I of the Project;this Agreement; and (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out;case of FHIS, enter into Municipality Framework Agreements and Grant Agreements with Eligible Municipalities, and in the case of BANHPROVI, enter into Intermediary Loan Agreements with Financial Intermediaries, all under terms and conditions satisfactory to the Association, including those specified in this Agreement. (Ec) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank The Borrower shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Tripartite Subsidiary Agreement in such a manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Association shall otherwise agree, the Borrower shall not amendchange, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Sectionassign, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce the Tripartite Subsidiary Agreement or any provision of such agreementthereof. (ia) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made 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 later than 12 months after the date of the preceding Procurement Plan, for the Association’s approval. (c) Without limitation to the provisions in paragraphs (a) and (b) above, the Borrower shall ensure that, with the exception of works and consultants’ services under Loan Window Subprojects, procurement of works estimated to cost more than $500,000 per contract and procurement of all consultants’ services is carried out by FHIS. (a) The Borrower shall cause FHIS and BANHPROVI and cause FHIS to cause each Eligible Municipality to adopt a manual (the Operational Manual), satisfactory to the Association, setting forth rules and procedures for the carrying out of the Project, such manual to include, inter alia: (i) the procedures for the carrying out, monitoring and evaluation of the Project (including the procurement, financial and environmental requirements thereof); (ii) the criteria for the approval, implementation, monitoring and evaluation of Subprojects including the technical, social and economic criteria for the evaluation of such Subprojects; (iii) the criteria for eligibility of Municipalities and Subprojects, including without limitation the procedures required for a participatory process during the preparation of Subprojects; (iv) a model Municipality Framework Agreement and Grant Agreement; (v) the Environmental Framework, the Resettlement Policy Framework, the Strategic Framework for Community Participation in Neighborhood Upgrading, and the procedures to safeguard cultural property; (vi) the Performance Indicators; (vii) the eligibility criteria for Financial Intermediaries; (viii) the procedures to be followed for Intermediary Loans and Subloans; and (ix) a model Intermediary Loan Agreement and Subloan Agreement. (b) The Operational Manual may be amended by FHIS from time to time with the prior approval of the Association. In the case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail. (a) The Borrower shall cause FHIS, until completion of the Project, to maintain key staff for the Project, including without limitation, a Project coordinator, a procurement specialist, a financial management specialist, an environmental unit specialist, an urban upgrading technical specialist, an urban upgrading social specialist and a crime and violence prevention specialist, all with experience and qualifications that shall be at all times acceptable to the Association, and to agree with the Association with respect to the replacement of key staff of FHIS prior to any such replacement. (b) The Borrower shall cause BANHPROVI, until completion of the Project, to: (i) maintain key staff for the Project, including without limitation a municipal finance specialist and a financial management specialist/administrator, all with experience and qualifications that shall be at all times acceptable to the Association, and to agree with the Association with respect to the replacement of key staff of BANHPROVI prior to any such replacement; and (ii) establish and maintain an advisory committee, chaired by representatives of BANHPROVI and including representatives of ▇▇▇▇▇ and ▇▇▇▇▇, and representatives of any other entity that may be deemed necessary during Project implementation, with functions and responsibilities satisfactory to the Association, including, inter alia, providing strategic guidance and oversight for the implementation of Part A of the Project. (c) The Borrower shall cause FHIS to cause each Eligible Municipality to maintain, during Project implementation, a technical unit (UTM) with duties and responsibilities as set forth in the Operational Manual and staffed with personnel with qualifications and experience satisfactory to the Association, including technical and administrative staff. (a) The Borrower shall cause FHIS to enter into an agreement with each Participating Agency (a Participation Agreement), under terms and conditions satisfactory to the Association, such agreement to provide inter alia, for: (i) coordination mechanisms ensuring consistent approaches and complementarity between the Project and activities implemented by such Participating Agency and to support the decentralization of service delivery; and (ii) assistance by such Participating Agency to FHIS on sector specific technical issues, including, inter alia, Subproject evaluation, screening criteria, preparation of technical specifications, and review of technical designs (and also including, in the case of SOPTRAVI, its role in the implementation of the Resettlement Policy Framework and in the implementation of Part C.3 of the Project). (b) The Borrower shall cause FHIS and each Participating Agency to exercise their respective rights under each Participation Agreement in such a manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, FHIS and each Participating Agency shall not change, assign, amend, abrogate, waive or fail to enforce their respective Participation Agreement or any provision thereof. (a) The Borrower shall cause FHIS, before commencing the preparation of any Subproject, to enter into an agreement (a Municipality Framework Agreement), under terms and conditions substantially similar to those of the model form contained in the Operational Manual with the respective Eligible Municipality to provide for: (i) the actions required for such Eligible Municipality to access grant and/or loan financing for Subprojects; (ii) the technical assistance to be provided and/or coordinated by FHIS for such Eligible Municipality as part of Subproject preparation; (iii) the obligations of such Eligible Municipality to follow the requirements of this Agreement and the Operational Manual in respect of such Subprojects, including procurement, reporting and financial management requirements and any actions required from such Eligible Municipality in the implementation of the Environmental Framework, the Resettlement Policy Framework and the Strategic Framework for Community Participation in Neighborhood Upgrading; (iv) the supervision arrangements between FHIS and such Eligible Municipality during Subproject preparation and implementation; (v) the causes for suspension or cancellation of Subproject preparation; and (vi) the distribution of Subproject preparation costs if the Subproject is finally not approved for financing. (b) The Borrower shall cause FHIS and each Eligible Municipality to exercise their respective rights under each Municipality Framework Agreement in such a manner as to protect the interests of the Borrower and the Association and to accomplish the purposes of the Credit, and, except as the Association shall otherwise agree, FHIS and each Eligible Municipality shall not change, assign, amend, abrogate, waive or fail to enforce their respective Municipality Framework Agreement, or any provision thereof. (a) The Borrower shall cause FHIS, before commencing the implementation of any Grant Window Subproject or Community Safety Subproject, to enter into an agreement (a Grant Agreement), under terms and conditions substantially similar to those of the model form contained in the Operational Manual with the respective Eligible Municipality to provide for: (i) the provision to such Eligible Municipality by FHIS of the funds, facilities, services and other resources required to carry out the respective Grant Window Subprojects and/or Community Safety Subprojects, including the transfer of the proceeds of the Credit required for such Grant Window Subprojects and/or Community Safety Subprojects on a grant basis, except that the funds required for works estimated to cost more than $500,000 per contract and all of the funds required for consultants’ services shall be retained by FHIS so that the procurement of such works and services shall be carried out by FHIS for the benefit of the Eligible Municipality, and the works shall then be supervised by FHIS and when completed transferred to the Eligible Municipality; (ii) the commitment of such Eligible Municipality to contribute in cash or in kind at least fifteen percent of the cost of works and services for Grant Window Subprojects and Community Safety Subprojects being financed with the proceeds of the Credit, as specified in the Operational Manual; (iii) the respective roles and responsibilities of FHIS and such Eligible Municipality in the procurement of works and services for Subprojects; and (iv) the obligation of the Eligible Municipality to carry out the respective Grant Window Subprojects and/or Community Safety Subprojects in accordance with the terms and conditions set forth in this Agreement and in the Operational Manual, including without limitation its obligation to: (A) comply with the provisions of Sections 4.01 and 4.02 of this Agreement; (B) promptly inform FHIS of any condition which interferes or threatens to interfere with the progress of respective Grant Window Subprojects and/or Community Safety Subprojects, the accomplishment of the purposes of the Credit or the performance of its obligations under the Grant Agreement or the Municipality Framework Agreement; and (C) prepare the reports and plans referred to in the Operational Manual. (b) The Borrower shall cause FHIS to exercise its rights under each Grant Agreement in such a manner as to: (i) protect the interests of the Association, the Borrower and FHIS; (ii) comply with its obligations under the Tripartite Subsidiary Agreement; and (iii) achieve the purposes of Parts B and D.3 of the Project. Except as the Association shall otherwise agree, the Borrower shall cause FHIS not to change, assign, amend, abrogate, waive or fail to enforce any Grant Agreement or any provision thereof. (a) The Borrower shall cause BANHPROVI to relend the proceeds of the Credit for Part A of the Project by making Intermediary Loans to Financial Intermediaries in accordance with the procedures set forth in Schedule 2 4 to this Agreement and under agreements to be entered into or already entered into between BANHPROVI and each Financial Intermediary, containing terms and conditions satisfactory to the Association which shall include, inter alia: (i) rights adequate to protect the interests of the Association, the Borrower and BANHPROVI, including the right to suspend or terminate the right of the Financial Intermediary to the use of the proceeds of the Loan upon failure by such Financial Intermediary to perform its obligations under the Intermediary Loan Agreement; and (ii) the applicable terms and conditions set forth or referred to in Schedule 4 to this Agreement. (b) The Borrower shall cause BANHPROVI to exercise its rights under the Intermediary Loan Agreements in such a manner as to: (i) protect the interests of the Association, the Borrower and BANHPROVI; (ii) comply with its obligations under the Tripartite Subsidiary Agreement; and (iii) achieve the purposes of Part A of the Project. Except as the Association shall otherwise agree, the Borrower shall cause BANHPROVI not to change, assign, amend, abrogate, waive or fail to enforce any Intermediary Loan Agreement or any provision thereof. Section 3.09. The Borrower undertakes that, unless the Association shall otherwise agree, Subloans under Part A of the Project shall be made by Financial Intermediaries in accordance with the procedures and on the terms and conditions set forth or referred to in Schedule 4 to this Agreement. Section 3.10. The Borrower shall cause BANHPROVI to: (a) cause Financial Intermediaries promptly to exercise their rights set forth in Section II, paragraph 3(e) of Schedule 4 to this Agreement; and (b) promptly exercise its suspension or termination rights referred to in Section 3.08 (a) (i) of this Agreement. (a) The Borrower shall: (i) furnish shall cause BANHPROVI to use all Intermediary Loan principal repayments received by BANHPROVI until at least four years after the Closing Date from or on behalf of Financial Intermediaries to be used to set up a municipal guarantee fund satisfactory to the Bank by October 31 in each yearAssociation, for which will have as its review and commentmain objective to serve as a sustainable mechanism to promote lending, with risk sharing, to Municipalities after the proposed POA and budget for full disbursement of the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January funds under Category 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 table in each year the final approved version paragraph 1, Part A of such budgetSchedule 1 to this Agreement. (b) In order The Borrower shall cause BANHPROVI to assist have the EMBRAPA municipal guarantee fund referred to in carrying out Part H the preceding paragraph audited each fiscal year by external auditors acceptable to the Association, starting the first fiscal year after the first deposit is made into said fund. Said external auditors shall be hired not later than six months prior to the date when the first audit is due. Section 3.12. Without limitation to the provisions of the ProjectSection 3.03 (a) (v) of this Agreement, the Borrower shall cause EMBRAPAFHIS and, under contractual arrangements satisfactory with respect to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis Part A of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981.Project, BANHPROVI, to: Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectivelya) shall be carried out, or caused to be carried out, by (i) prior to the State implementation of a Subproject in respect of which the State ProjectResettlement Policy Framework applies, and byfurnish to the Association for its prior approval, the res

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D Project through Coordination Nationale, CTNSC and I of the Project; and (iv) EMBRAPA to carry out Part H of the ProjectDirection du Pétrole, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, public utility, environmental and agricultural social 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 Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) The Borrower shall carry out Part A.5 of the Project through CTNSC and, to that end, the Borrower shall, without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the StateCTNSC to perform, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project AgreementFACIL Manual, all the respective obligations of the State CTNSC therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State CTNSC to perform its such obligations, ; and shall not take or permit cause to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) performance of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POACTNSC. (d) The Borrower shall cause CTNSC to enter into Contracts with Project Operators, under which it shall make the proceeds of the Loan Credit allocated respectively: from time to time to Category (i1) of the table in Schedule 1 to this Agreement, available to Project Operators for the purposes of carrying out Microprojects under terms and conditions which shall have been approved by the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the BankAssociation. (e) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory cause CTNSC to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject and perform its obligations under the Contracts in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramContracts or any provision thereof. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (if) The Borrower shall, by not later than June 30, 1993, review, together with shall carry out the Bank and SUDENE, Revenue Management Program as set out in Schedule 5 of the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsLoan Agreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Bank by October 31 in each yearAssociation not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, for its review and comment, the proposed POA and budget a plan for the Project future operation and for continued achievement of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank Association a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank and Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower hereby agree that shall: (a) open and maintain an account (the obligations set forth Project Account) in Sections 9.04FCFA in a commercial bank on terms and conditions satisfactory to the Association; (b) promptly thereafter, 9.05make an initial deposit into such account, 9.06in an amount equivalent to US$60,000 to finance the Borrower’s contribution to the Project; (c) deposit into the Project Account by January 15, 9.07April 15, 9.08 July 15 and 9.09 October 15 in each year, until the completion of the General Conditions (relating to insuranceProject, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) such amounts as shall be carried outrequired to replenish in a timely manner, or caused the Project Account to be carried out, by (i) equal the State in respect amount of the State initial deposit referred to in paragraph (b) above; and (d) use the Project Account funds exclusively to finance expenditures under the Project, and by.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying shall carry out Part C of the ProgramProject with due diligence and efficiency and in conformity with appropriate administrative, to propose annual budgets financial, engineering and environmental practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices.and (bii) Without any without limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, each of PC2 and PC3 to perform all their respective obligations set forth in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, and the adjustment of tariffs, necessary or appropriate to enable the State PC2 and PC3 to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph upon the provisions of paragraph (a) aboveof this Section, the Borrower shall: : (i) promptly take all action such actions as are necessary to ensure that all measures required under the Transmission RAP and the Distribution System Phase 1 RAP are promptly adopted and carried out in a timely manner with respect to Affected Persons; and (ii) furnish the Distribution Phase 2 RAPs in a timely manner to the Association for its approval and thereafter take all such actions as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities measures required under said Distribution Phase 2 RAPs, as approved by the Borrower and the Association, are carried out with respect to Affected Persons. (c) The Borrower shall relend the amounts allocated from time to time to Categories (1) and (2) of the table set forth in paragraph 1 of Schedule (1) to this Agreement to PC2, and to Categories (4) and (5) thereunder to PC3 under subsidiary loan agreements to be entered into between the Borrower and each of PC2 and PC3, respectively, under terms and conditions which shall have been approved by the funds required for carrying out Association, which shall include: (i) interest at a rate of six point nine percent (6.9%) per annum on the Project available principal amount so relent and withdrawn by PC2 or PC3, as the case may be, and outstanding from time to them in time; (ii) repayment over a timely mannerperiod of twenty (20) years, including a grace period of five (5) years; and (iiiii) provide foreign exchange risk to be borne by PC2 or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the StatePC3, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAcase may be. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to under each Subproject Subsidiary Loan Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Loan Agreements or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Without limitation upon the provisions of Section 3.01 (a) and 6.01 of this Agreement, the Borrower shall (a) promptly notify the Association of any proposal to amend, suspend or repeal the Governing Laws or any provision thereof; (b) cause EVN to promptly notify the Association of (i) any proposal to amend, suspend or repeal either or both of the Charters or (ii) any other proposal to change the structure, organization, powers or responsibilities of PC2 and PC3 which may affect their ability to carry out their respective obligations under the Project Agreement or under their respective Subsidiary Loan Agreements; and (c) afford the Association, or shall cause EVN to afford the Association, as the case may be, an adequate opportunity to comment on any such proposal prior to taking any action thereon. Section 3.03. Except as the Bank Association shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out Part C of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank Without limitation upon the provisions of Article IX of the General Conditions, the Borrower shall: (a) prepare 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 Borrower and the Association, a plan, of such scope and in such detail as the Association shall reasonably request, for the future operation of the Project; (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan; and (c) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Association’s comments thereon. Section 3.05. The Borrower and the Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Parts A and B of the Project and shall be carried outout by PC2 and PC3 respectively, or caused pursuant to be carried out, by Section 2.05 (ia) the State in respect of the State Project, and byProject Agreement.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Palestinian Authority with due diligence and efficiency, in accordance conformity with appropriate administrative, economic, financial and agricultural practicesenvironmental practices and in accordance with the Implementation Program set forth in Schedule 4 to this Agreement, as the same may be amended from time to time by mutual agreement of the Borrower and the Administrator, and shall cause the Palestinian Authority to provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any The Borrower shall make the proceeds of its other obligations the Credit available to the Palestinian Authority under a subsidiary agreement to be entered into between the Loan Agreement, Borrower and the Palestinian Authority under terms and conditions which shall have been approved by the Administrator. (c) The Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Palestinian Authority: (i) to perform in accordance with the provisions of the Project Agreement, Subsidiary Agreement all of the respective obligations of the State Palestinian Authority therein set forth, shall ; (ii) to take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate for the carrying out of the Project; and (iii) not to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower, the Palestinian Authority and the Borrower; (ii) enable the Borrower Administrator and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and, except as the Bank Administrator shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish to Section 3.03. For the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version purposes of such budget. (b) In order to assist the EMBRAPA in carrying out Part H Section 9.07 of the ProjectGeneral Conditions and without limitation thereto, the Borrower shall cause EMBRAPAthe Palestinian Authority to: (a) prepare, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of guidelines acceptable to the "Guidelines Administrator, and furnish to the Administrator not later than six (6) months after the Closing Date, or such later date as may be agreed for this purpose between the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank Palestinian Authority and the Borrower hereby agree that Administrator, a plan to ensure the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 continued achievement of the General Conditions Project’s objectives; and (relating b) afford the Administrator a reasonable opportunity to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) shall be carried out, or caused to be carried out, by (i) exchange views with the State in respect of the State Project, and byPalestinian Authority on said plan.

Appears in 1 contract

Sources: Trust Fund Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H II of the Project, all Project through MIEM with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativefinancial, financial administrative and agricultural engineering practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the The Borrower shall cause the StateJIRAMA to perform, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State JIRAMA therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State JIRAMA to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation The Borrower shall relend part of the proceeds of the Credit allocated to its obligations and withdrawn under paragraph Categories (a1) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h2) of the Project Agreement; all table in paragraph 1 of Schedule 1 to this Agreement to JIRAMA under a timely manner subsidiary loan agreement to be entered into between the Borrower and in sufficient amounts for JIRAMA, under terms and conditions which shall have been approved by the purpose Association which shall include a final maturity of financing 25 years, including five years of grace, an interest rate of 8.7% per annum and the activities under Part H of the Project and under the State Project, respectively, as provided in each POAforeign exchange risk to be borne by JIRAMA. (d) The For the purpose of carrying out Parts II.G (b) and III of the Project, the Borrower shall make enter into an intermediary agreement with BNI under terms and conditions which shall have been approved by the Association for the purpose of making available the proceeds of the Loan Credit allocated respectively: to and withdrawn under Categories (i4) for purposes and (5) of the State Project available table in paragraph 1 of Schedule 1 to this Agreement to private charcoal companies involved in the State; and carrying out of Part II.G (iib) for Part H of the Project available Project, if applicable, and the beneficiaries referred to EMBRAPAin Part III of the Project; under arrangements satisfactory such agreement to provide for a commission payable to BNI of 0.5% of any amount passed on by BNI to any such beneficiary and the Bankapplicable lending terms of BNI. (e) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Loan Agreement and the Intermediary Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit and, except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the ProgramSubsidiary Loan Agreement or Intermediary Agreement or any provision thereof. (gf) Without limitation to its other obligations under on the generating of paragraph (b) of this Section, the Borrower shall provide take all measures necessary, including the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date authorization of the Amending Agreementadjustments of JIRAMA’s tariffs or increase of JIRAMA’s capital, such agreement if necessary, to define enable JIRAMA to comply with the respective responsibility provisions of SUDENE Sections 4.02 and EMBRAPA regarding Part H 4.03 of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsAgreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Part I of the Project shall be carried outout by JIRAMA pursuant to Section 2.03 of the Project Agreement. Section 3.04. (a) By December 31, or caused 1987, the Borrower shall furnish to the Association for comment a draft contrat plan to be carried outentered into by the Borrower and JIRAMA, by (i) establishing performance criteria and objectives for JIRAMA for the State next five years, in respect the context of the State ProjectBorrower’s overall objectives regarding electricity, and byspecifying the mutual obligations to achieve JIRAMA’s financial autonomy and a high standard of JIRAMA’s services at least cost.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project, and, to this end, without any limitation or restriction upon any of its other obligations under this Agreement, shall carry out, and cause each DDC to carry out, the Project with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering, transport and environmental practices, and shall provide, and cause each DDC to 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 Borrower and the Association shall otherwise agree, the Borrower shall carry out, and cause each DDC to carry out, the Project in accordance with the Implementation Program set forth in Schedule 2 4 to this Agreement, and to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (bc) Without any limitation or restriction upon any of its other obligations under this Agreement, the Loan Borrower shall execute with each DDC a Memorandum of Understanding, satisfactory to the Association and substantially in the form set forth in Schedule 4 to this Agreement, and promptly upon such execution furnish a copy thereof to the Association, before such DDC participates in the carrying out of any activities under the Project. (d) Without any limitation or restriction upon any of its other obligations under this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, each DDC to perform in accordance with the provisions of the Project Agreement, applicable Memorandum of Understanding all the respective obligations of the State such DDC therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State such DDC to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (de) The Borrower shall make the proceeds of the Loan allocated respectively: available to each DDC, as a grant and in a timely manner, (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure part of the proceeds of the Loan, the goods Credit and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable additional funds from the Borrower Borrower’s own resources if and as required for such DDC to comply with carry out its obligations activities under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Bank by October 31 in each yearAssociation not later than six (6) months before the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, for its review and comment, a plan designed to ensure the proposed POA and budget for continued achievement of the Project and for the Northeast Rural Development Program for the following fiscal yearProject’s objectives; and (iib) afford the Bank Association a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981said plan. Section 3.04. The Bank Borrower and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.08 9.06 and 9.09 9.07 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance reports and land acquisitionmaintenance, respectively) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byactivities to be carried out by each DDC shall be carried out by such DDC.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end, shall: (i) SDR to coordinate (at the federal level) carry out Parts B, C, D.1, D.3 and issue guidelines related to the carrying out D.4 of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, Project through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all MTPT with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, environmental and agricultural practices.technical practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Parts of the Project; (bii) Without any without limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall : (A) cause the State, under contractual arrangements satisfactory to the Bank, PAC to perform in accordance with the provisions of the PAC Project Agreement, Agreement all the respective obligations of the State PAC therein set forth, shall ; (B) take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State PAC to perform such obligations; and (C) not take or permit to be taken any action which would prevent or interfere with such performance; and (iii) without limitation or restriction upon any of its other obligations under this Agreement: (A) cause AGETUR to perform in accordance with the provisions of the AGETUR Project Agreement all the obligations of AGETUR therein set forth; (B) take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable AGETUR to perform such obligations, ; and shall (C) not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph (a) aboveFor the purposes of Part A of the Project, the Borrower shall: , under a subsidiary agreement to be entered into between the Borrower and PAC (the PAC Subsidiary Agreement) and on terms and conditions which shall have been approved by the Association including, but not limited to, those hereinafter set forth: (i) take all action transfer the proceeds of the Credit allocated from time to time to Categories (1) (a) and (3) (a) of the table in paragraph 1 of Schedule 1 to this Agreement, up to an aggregate amount equivalent to $1,900,000, to PAC as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manneran equity contribution; and and (ii) provide or cause SUDENE thereafter relend the proceeds of the Credit allocated from time to provide advances time to Categories (1) (a) and (3) (a) of the table in Cruzeiros intoparagraph 1 of Schedule 1 to this Agreement to PAC: (A) at an account opened and operated by EMBRAPAinterest rate of 7.1% per annum; (B) the principal to be repaid in 30 years, including a grace period of five years; and (BC) an account opened the principal amount of the loan repayable by PAC being the equivalent in dollars of the currency or currencies withdrawn from the Credit Account in respect of the above-mentioned Categories, such equivalent to be determined as of the date or respective dates of repayment. (c) For the purposes of Part D.2 of the Project, the Borrower shall, under a subsidiary agreement to be entered into between the Borrower and operated AGETUR (the AGETUR Subsidiary Agreement) and on terms and conditions which shall have been approved by the StateAssociation, as referred transfer the proceeds of the Credit allocated from time to in Section 2.01 time to Categories (h1) (d), (3) (d) and (4) (b) of the Project Agreement; all table in paragraph 1 of Schedule 1 to this Agreement to AGETUR as a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAgrant. (d) The Borrower shall make exercise its rights under the proceeds PAC Subsidiary Agreement and the AGETUR Subsidiary Agreement in such manner as to protect the interests of the Loan allocated respectively: (i) for Borrower and the Association and to accomplish the purposes of the State Project available to Credit, and, except as the State; and (ii) for Part H of Association shall otherwise agree, shall not assign, amend, abrogate or waive the Project available to EMBRAPA; under arrangements satisfactory to PAC Subsidiary Agreement or the BankAGETUR Subsidiary Agreement or any provision thereof. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with Without limitation upon the provisions of Schedule 5 to paragraph (a) of this AgreementSection and, except as the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Association shall otherwise agree, the Borrower shall not amendcarry out Parts B, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this SectionC, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) aboveD.1, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms D.3 and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H D.4 of the Project and except as cause PAC and AGETUR to carry out Parts A and Part D.2 of the Bank shall otherwise agreeProject, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Programrespectively, in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 4 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. The Borrower and the Association hereby agree that: (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.03 through 9.08 and 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: (i) Part A of the Project shall be carried outout by PAC pursuant to Section 2.03 of the PAC Project Agreement; and (ii) the obligations set forth in Section 9.03 through 9.07 of the General Conditions (relating to insurance, or caused to use of goods and services, plans and schedules, records and reports and maintenance, respectively) in respect of Part D.2 of the Project shall be carried outout by AGETUR pursuant to Section 2.03 of the AGETUR Project Agreement. Section 3.04. For the purposes of Section 9.01 of the General Conditions, by and without limitations 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 Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.05. Without limitation upon its obligations under Section 3.01 (a) of this Agreement, the Borrower shall carry out all the routine maintenance of roads provided for in the Program and, to this end, shall: (a) provide in its annual budget in each year during the carrying out of the Project, amounts sufficient to cover the cost of such routine maintenance of roads; (b) deposit into the Road Fund Project Account, not later than April in each year, during the implementation of the Project: (i) all funds collected by the State Borrower from road users on behalf of the Road Fund during the previous three- month period; and (ii) an additional amount of at least one hundred and fifty million CFA Francs (CFAF 150,000,000) or such greater amount as may be required for the purposes of such maintenance of roads; and (c) ensure that amounts deposited into the Road Fund Project Account shall be used only to make payments to meet expenditures made or to be made in respect of the State reasonable cost of routine road maintenance. Section 3.06. The Borrower shall: (a) (i) (a) open and thereafter maintain for the duration of the Project, in CFAF, in a bank acceptable to the Association and byon terms and conditions acceptable to the Association, a project account (the Project Accountthe Road Fund Project Account for the purposes of Parts B, C, D.1 and D.3 of the Project) in a bank acceptable to the Association and on terms and conditions acceptable to the Association; and

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, cause each BE to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all under the supervision of MOE, with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativeeducational, techno- logical, administrative and financial practices, and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreementshall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services goods required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to Section 3.03. For the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version purpose of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory BE’s to select each VHS to participate in the Project in accordance with criteria acceptable to the Bank. Section 3.04. In accordance with the Action Plan, and to assist its staff as necessary, the Borrower, shall employ or cause to be employed consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank for the carrying out of the studies on: strengthening school- employer linkages; on improving the effectiveness of Joint Equipment Centers; improvement of resource allocation within the VHS system for operations and maintenance to consumable materials; vocational teachers; and development of a planning mechanism to guide the future expansion of the VHS sytems. Upon the completion of each of the above-mentioned studies, the Borrower shall promptly deliver to the Bank, for its review and comments, a copy of each such consultants to be selected study, and thereafter, taking into account the Bank’s comments, if any, the Borrower shall commence implementation of the recommendations of each such study, in accordance with principles form and procedures substance satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Bank. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under this Agreement shall: (i) carry out Part C (3) of the Loan AgreementProject through MOP; (ii) with respect to Parts A and C (1) of the Project, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, HUDC to perform in accordance with the provisions of the HUDC Project Agreement, Agreement all the respective obligations of HUDC therein set forth; and (iii) with respect to Parts B and C (2) of the State Project, cause CVDB to perform in accordance with the provisions of the CVDB Project Agreement all the obligations of CVDB therein set forth, all with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering, and environmental practices, and shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, resources required for the Project and necessary or appropriate to enable the State HUDC and CVDB to perform its their respective obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph For the purposes of Parts A and C (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h1) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The the Borrower shall make the proceeds of the Loan allocated respectively: from time to time to Categories (i1) for purposes (a), (2) (a) and (3) (a) of the State Project table in paragraph 1 of Schedule 1 to this Agreement available to the State; and (ii) for Part H of the Project available HUDC under a Subsidiary Finance Agreement to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter be entered into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable between the Borrower to comply with its obligations under this and HUDC (the HUDC Subsidiary Finance Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after . (c) For the date purposes of Part B and C (2) of the Amending AgreementProject, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H Borrower shall make the proceeds of the Project Loan allocated from time to time to Categories (1) (b), (2) (b) and (3) (b) of the table in paragraph 1 of Schedule 1 to this Agreement available to CVDB under a Subsidiary Finance Agreement to be entered into between the Borrower and CVDB (the CVDB Subsidiary Finance Agreement) on terms and conditions satisfactory to the Bank. (d) The Borrower shall exercise its rights under the CVDB Subsidiary Finance Agreement and the HUDC Subsidiary Finance Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA shall not to assign, amend, abrogate, abrogate or waive the CVDB Subsidiary Finance Agreement or fail to enforce the HUDC Subsidiary Finance Agreement or any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works works, and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to and the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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 Part A of the Project shall be carried out, or caused to out by HUDC and in respect of Part B of the Project shall be carried outout by CVDB pursuant to Section 2.04 of the HUDC Project Agreement and the CVDB Project Agreement, by respectively. (a) For the purpose of ensuring the proper coordination and efficient execution of the Social Productivity Program, the Community Infrastructure Program, and the Project, the Borrower shall continue to maintain the Steering Committee. (b) For the purpose of ensuring the proper supervision of the execution of the Project, the Borrower shall maintain the PMU within the MOP, with organization, staffing and terms of reference satisfactory to the Bank. Section 3.05. The Borrower shall require the PMU within MOP to: (i) ensure that Subprojects are appraised in accordance with the State in respect Operations Manual; (ii) ensure that land is acquired for the construction of new buildings under the Project; (iii) ensure that easements and rights of way exist for all roads and pipelines to be constructed under Parts A (1) and B of the State Project; (iv) ensure that only existing roads, footpaths and pipelines are upgraded and rehabilitated under Part A (2) of the Project, and bythat such roads, footpaths and pipelines are in accordance with planning layouts and circulation plans available at the Department of Palestinian Affairs; (v) ensure that Subprojects will not require any involuntary relocation; (vi) supervise the preparation of summary environmental assessments, satisfactory to the Bank, identifying any potential adverse environmental effects that might result from proposed Subprojects; and (vii) ensure that proposed Subprojects estimated to cost $700,000 or more are furnished to the Bank for its approval. Section 3.06. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the indicators agreed upon between the Borrower and the Bank, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Bank, and furnish to the Bank, on or about January 31st of each year, 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 Bank, by February 15th of each year, or such later date as the Bank shall request, the report referred to in subparagraph (b) of this paragraph, 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 Bank’s views on the matter; provided however, that the review to be conducted in 1999 shall be a mid-term review of the Project. Section 3.07. For the purposes of Section 9.08 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank and furnish to Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan for the future operation of the Project; and (b) afford the Bank a reasonable opportunity to exchange views with the Borrower on said plan.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying shall carry out Part E of the ProgramProject with due diligence and efficiency and in conformity with appropriate administrative, to propose annual budgets health, education and financial practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices.and (bii) Without any without limitation or restriction upon any of its other obligations under the Loan Development Credit Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, Project Provinces to perform all of their respective obligations set forth in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Project Provinces to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make relend a portion of the proceeds of the Loan allocated respectivelyCredit to each Project Province under separate agreements to be entered into between the Borrower and each Project Province, under terms and conditions which shall have been approved by the Association, including the following: (i) for purposes repayment over a period not exceeding 15 years, including 6 years of the State Project available to the State; and grace; (ii) interest to be paid by each Project Province at the rate of 1.5% per annum on all outstanding amounts withdrawn for Part H foreign expenditures, and at the rate of the Project available to EMBRAPA3% per annum on all outstanding amounts withdrawn for local expenditures; under arrangements satisfactory to the Bank.and (eiii) The Borrower, through DTN, shall enter into agreements, satisfactory all foreign exchange risks to the Bank, with be paid by each of the Participating Banks, providing Project Province for the Participating Bank to: (A) on-lend portion of the proceeds of the Loan allocated Credit such Project Province received in foreign exchange. (c) The Borrower shall ensure that the proceeds of the Credit made available by the Project Provinces to prefectures, counties, townships and villages for purposes of the credit programs included in carrying out Parts A, B, C and D and I of the Project in accordance with: Agreement; and 1. the Project, shall be made available on terms and conditions set forth in Schedule 5 to this 2. 3 to the extent that they are compatible with the provisions of Schedule 5 to this Project Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 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 Parts A, B, C and D of the Project shall be carried outout by the Project Provinces pursuant to Section 2.03 of the Project Agreement. Section 3.04. The Borrower shall employ, or caused until the completion of the Project, two full-time project managers under Part E of the Project, one within the Department of Education (DOE) and one within the Department of Medical Administration (DOMA) of MOPH, who shall be responsible for coordinating project activities and supporting the dissemination and replication of the benefits of, and lessons learned from, the implementation of the Project. Section 3.05. The Borrower shall conduct, by not later than November 30, 1996, a midterm review of the progress of carrying out the Project with each of the Project Provinces. (a) The Borrower shall establish by June 30, 1994, and thereafter maintain, an Equipment Selection Committee ("ESC") within MOPH, with composition and terms of reference acceptable to the Association. (b) The Borrower shall cause ESC to review all proposals for teaching equipment to be carried out, by (i) the State in respect financed out of the State Project, proceeds of the Credit and byshall select such equipment for financing under the Project in accordance with criteria and procedures acceptable to the Association.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end shall causeend: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying shall carry out Part G of the ProgramProject with due diligence and efficiency and in conformity with appropriate financial and administrative practices, to propose annual budgets and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part G of the Project; and (ivii) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan this Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, BOG to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State BOG therein set forth, shall take or and cause to be taken all action, including the provision of funds, facilities, services and other resources, resources necessary or appropriate to enable the State BOG to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrowershall, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the LoanCredit, make available to BOG an amount not exceeding the goods equivalent of SDR 14,840,000 under a subsidiary administration agreement (the Subsidiary Administration Agreement) to be entered into between the Borrower and services financed out of such proceeds BOG under terms and conditions which shall have been approved by the repayment performance of Beneficiaries; andAssociation and which shall include that the Borrower bears the foreign exchange risk. (Fc) The Borrower shall exercise its rights in relation to each Subproject under the Sub- sidiary Administration Agreement in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Administration Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, : (a) procurement of the goods, works goods and consultants’ services required for the carrying out Part G of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to this Agreement; and (b) procurement of the goods and consultants’ services required for Parts B through F of the Project and to be financed out of the proceeds of the Credit shall be governed by the provi- sions of Schedule 3 to the Project Agreement. (a) Section 3.03. The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower Association hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.03 through 9.08 and 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 Parts A through F of the Project shall be carried out, or caused out by BOG pursuant to be carried out, by (i) the State in respect Section 2.04 of the State ProjectProject Agreement. Section 3.04. The Borrower shall cause the Association of Rural Banks to submit, not later than September 30, 1989, and bySeptember 30, 1990, respectively, to the Association for its review and comments its annual work program for the following year. Section 3.05. The Borrower shall implement, not later than December 31, 1990, the recommendations of the studies under Part D of the Project acceptable to the Association.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Participating Financial Intermediaries with due diligence and efficiencyefficiency and in conformity with appropriate financial, economic and administrative standards and practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. Section 3.02. Without limitation upon the provisions of Section 3.01, and except as the Bank and the Borrower shall otherwise agree, the Borrower shall, for purposes of carrying out the Project: (a) solicit and approve proposals from candidate banks to participate in the Project, in accordance with appropriate administrative, financial the eligibility criteria and agricultural practices.procedures set forth in Section I of Schedule 7 to this Agreement; (b) Without any in the case of each such Participating Financial Intermediary, cause an agreement to be entered into between MOF, acting as agent of the Borrower, and the Participating Financial Intermediary (the Subsidiary Loan Agreement), providing for the participation of such Participating Financial Intermediary in the enterprise credit facility to be established pursuant to the Project, and setting forth the terms and conditions under which the corresponding amounts of credit thereunder shall be made available to such Participating Financial Intermediary for the financing of Sub-projects, which shall include without limitation or restriction upon any the terms and conditions set forth in Schedule 7 to this Agreement; (c) relend to each such Participating Financial Intermediary the corresponding amounts, including the portions of the proceeds of the Loan and the EBRD Loan to be made available in accordance with the provisions of paragraph 1 of Part B of Section II of Schedule 7 to this Agreement, to which such Participating Financial Intermediary may be entitled in accordance with the provisions of its other obligations under the respective Subsidiary Loan Agreement, ; (d) coordinate the Borrower shall cause overall execution of the State, under contractual arrangements Project and monitor the carrying out by the Participating Financial Intermediaries of their respective Subsidiary Loan Agreements in accordance with policies and procedures satisfactory to the Bank, ; (e) take or cause to be taken all action necessary or appropriate to enable the Participating Financial Intermediaries to perform in accordance with the provisions of the Project Agreement, their respective Subsidiary Loan Agreements all the respective obligations of the State Participating Financial Intermediaries therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (Ff) exercise its rights in relation to each Subproject under the Subsidiary Loan Agreements in such manner as to: (i) to protect the interest interests of the Bank and the Borrower; (ii) enable the Borrower and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless the Bank shall otherwise agreeLoan, the Borrower shall not amendand, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to assign, amend, abrogate, abrogate or waive any such Agreement or fail to enforce any provision of such agreementthereof. (i) The Borrower shallSection 3.03. For purposes of the efficient carrying out of the Project and ensuring the effective supervision of the execution of the Sub- projects, by not later than June 30, 1993, review, together with and without limitation on the Bank provisions of Sections 3.01 and SUDENE3.02 of this Agreement, the ProgramBorrower shall cause an agreement to be entered into between MOF and CBR concerning the carrying out by MOF of responsibilities connected with supervision of the performance of the Participating Financial Intermediaries in respect of their adherence to the Accreditation Criteria, in accordance any areas which might be concerned with banking supervision requirements generally applicable to such banks under the laws and regulations of the Borrower, and concerning other matters satisfactory to the Bank. Section 3.04. In order to facilitate the efficient carrying out of the Project, the Borrower shall establish and thereafter maintain during the execution of the Project, with membership, staff and other resources and under terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend a Project Implementation Unit (PIU) to be responsible for the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement day to day coordination of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H execution of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall causeend, shall: (i) SDR to coordinate carry out Parts A and C, and Part B (at the federal leveldevelopment of a national strategy for managing social asset divestiture and efficient management of essential services) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativefinancial, financial economic and agricultural administrative practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely mannerProject; and (ii) provide or cause SUDENE the Participating Regions and Participating Cities to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the carry out their activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I B of the Project in accordance with: Agreement; and 1. with the terms of this Agreement and conditions set forth in Schedule 5 to thisthe Subsidiary Agreements. 2Section 3.02. to the extent that they are compatible with Without limitation upon the provisions of Schedule 5 to Section 3.01 of this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information except as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods Borrower and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive shall: (a) for the provisions purpose of carrying out Part B of the MCR applicable to the Program.Project: (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an a separate subsidiary agreement with SUDENEeach Participating Region and all the Participating Cities within that Participating Region in accordance with, and on the terms and conditions satisfactory to the Bank, including those set forth in Part A of Schedule 6 to this Agreement; (ii) adopt, and ensure that the Participating Regions and Participating Cities adopt the respective Annual Work Programs in accordance with the procedures and on terms and conditions satisfactory to the Bank, not later than six months after including those set forth in Part B of Schedule 6 to this Agreement; (iii) make available to each Participating Region and Participating City the date funds, facilities, services, and other resources required and appropriate under the respective Annual Work Program with such a Participating Region and Participating City; (iv) exercise its rights and obligations under the Subsidiary Agreement in such a manner as to protect the interests of the Amending Agreement, such agreement Bank and the Borrower and to define accomplish the respective responsibility of SUDENE and EMBRAPA regarding Part H purposes of the Project and Project, and, except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, abrogate or waive any such agreement or fail to enforce any provision of such agreement.thereof; and (iv) The Borrower shall, by not later than June 30, 1993, review, together with the Bank cause each Participating Region and SUDENE, the Program, Participating City to perform its obligations in accordance with terms the provisions of reference satisfactory the Subsidiary Agreement; and (b) carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.023.03. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. Section 3.04. Without limitation upon the provisions of Article IX of the General Conditions, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines satisfactory to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, a plan designed to ensure the proposed POA and budget for continued achievement of the Project and for the Northeast Rural Development Program for the following fiscal year; Projectþs objectives; (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budgeton said plan; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget.and (bc) In order to assist the EMBRAPA in carrying thereafter, carry out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience said plan with due diligence and terms efficiency and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to appropriate practices, taking into account the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Bank's comments thereon. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the StateNRA, RAR and SNCFR, under contractual arrangements satisfactory to the Bankoverall coordination and supervision of PMU, to perform in accordance with the provisions of the NRA Project Agreement, the RAR Project Agreement and the SNCFR Project Agreement, respectively, all the respective obligations of the State NRA, RAR and SNCFR therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State NRA, RAR and SNCFR to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (db) The Borrower shall make available the proceeds of the Loan allocated to NRA, RAR and SNCFR, respectively: (i) for purposes of , under subsidiary financing agreements to be entered into between the State Project available to the State; Borrower and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating BanksNRA, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D RAR and I of the Project in accordance with: Agreement; and 1. the SNCFR under terms and conditions which shall have been approved by the Bank which shall include the principal terms set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 6 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program;. (Bc) allocate on a priority basisThe Borrower shall exercise its rights under the NRA, adequate funds for RAR and SNCFR Subsidiary Financing Agreements in such manner as to protect the financing of working capital (custeio) needs interests of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project Borrower and the preceding month’s lending performance of Bank and to accomplish the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds purposes of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner , except as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions any of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive said Agreements or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byand

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: end: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to shall carry out Part H C.4 of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural practices.road engineering and maintenance practices and shall provide, promptly as needed, the funds, facilities, services and other resources required for such Part of the Project; (bii) Without any without limitation or restriction upon any of its other obligations under the Loan this Agreement, shall, within the Borrower shall limits of its constitutional powers, cause the State, under contractual arrangements satisfactory to the Bank, Project States to perform all their obligations set forth in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forthAgreements, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State Project States to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance; and (iii) without limitation or restriction upon any of its obligations under paragraph (i) above with respect to the provision of funds, shall provide in its budget amounts adequate to meet the Borrower’s counterpart contributions to the costs of the Project as said contributions shall be determined for each fiscal year in agreement with the Association. The said contributions are estimated to amount to $40,000 equivalent per year. (b) The Borrower shall relend to the Project States the proceeds of the Credit allocated to the Project States in Schedule 1 to this Agreement under Subsidiary Loan Agreements to be entered into between the Borrower and each Project State, under terms and conditions which shall have been approved by the Association which shall include: (i) interest at the prevailing variable rate applicable to loans made by the Bank; (ii) repayment of principal in 20 years, including five years of grace; and (iii) assumption by the Project States of the foreign exchange risk pertaining to the money so relent to them. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject under the Subsidiary Loan Agreements in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Subsidiary Loan Agreements or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out Part C.4 of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.03. The Borrower shall carry out jointly with the Association: (a) The Borrower shallan annual review of the Project no later than October 31 of each year to: (i) furnish to assess progress made in the Bank by October 31 in each year, for its execution of the Project; and (ii) review the work program including the manpower development and comment, the training plan and budgetary allocations proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget.and (b) In order to assist the EMBRAPA in carrying out Part H a mid-term review of the ProjectProject no later than June 30, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory 1996 to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by assess: (i) the State overall progress made in respect carrying out the Project including the status of the State Project, road user charges and bycost recovery;

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, shall cause BIDV to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate sound administrative, commercial banking, and financial practices, and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreementsocial and environmental standards, the Borrower shall cause the Statewith qualified and experienced management and personnel in sufficient numbers, under contractual arrangements satisfactory to the Bank, to perform and in accordance with the provisions of MLF Policy Manual and RDF II Policy Manual, and shall provide, promptly as needed, the Project Agreement, all the respective obligations of the State therein set forth, shall take or 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 Borrower and the Association shall otherwise agree, necessary or appropriate the Borrower shall cause BIDV to enable carry out the State Project in accordance with the Implementation Program set forth in Schedule 4 to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performancethis Agreement. (c) Without limitation The Borrower shall, and shall cause BIDV to, adopt and thereafter apply the Financial Management Manual in a manner and substance satisfactory to its obligations under the Association pursuant to the provisions of paragraph 15 of Schedule 4 to this Agreement. Section 3.02. For purposes of carrying out Part A of the Project: (a) above, the Borrower shall, and shall cause BIDV to, adopt and thereafter apply the MLF Policy Manual and the RDF II Policy Manual in a manner and substance satisfactory to the Association, each including provisions for: (i) take accreditation criteria for MFIs and PFIs, respectively; (ii) eligibility criteria for MLF Beneficiaries and RDF II Beneficiaries; (iii) eligibility criteria for Sub-projects and its review; (iv) terms and conditions of Subsidiary Loans and Sub-loans; (v) terms and conditions of BIDV Additional Financing and PFI Additional Financing for RDF II Sub-projects; (vi) terms and conditions of MFI Additional Financing for MLF Sub-projects; (vii) guidelines for environmental screening of Sub-projects and compliance with laws and regulations of the Socialist Republic of Vietnam on environment; (viii) audit, supervision and reporting of the MFIs and PFIs; (ix) financial management system for BIDV and for each PFI and MFI accredited under the Project; (x) operation and management of the Rural Development Fund pursuant to Section 3.03 (b) of this Agreement; and (xi) operation and management of the Micro Finance Loan Fund and Rural Development Fund II, to be established pursuant to the provisions of paragraph 10 (a) of Schedule 4 to this Agreement; and (b) the Borrower and BIDV further undertake not to abrogate, amend, assign, repeal, suspend or waive the provisions of the MLF Policy Manual and the RDF II Policy Manual without the prior agreement of the Association. Section 3.03. The Borrower shall, all action as in a manner and substance satisfactory to the Association: (a) through SBV, transfer to BIDV all the assets and liabilities of the Fund for the Rural Poor and the Rural Development Fund, which funds were established pursuant to the provisions of paragraph A.7 of Schedule 4 to the Development Credit Agreement for the Rural Finance Project; (b) cause BIDV to operate and maintain the Fund for the Rural Poor and the Rural Development Fund and to that effect the Borrower shall cause BIDV to adopt and thereafter apply the FRP Policy Manual; and (c) cause BIDV not to abrogate, amend, assign, repeal, suspend or waive the provisions of the FRP Policy Manual without the prior agreement of the Association. Section 3.04. For purposes of carrying out the Project the Borrower shall, through the Borrower’s Ministry of Finance (MOF), onlend to BIDV the proceeds of the Credit under the On-lending Loan Agreement to be entered into between the Borrower represented by MOF, and BIDV under terms and conditions satisfactory to the Association, including those set forth in Section I of Schedule 5 to this Agreement and the following principal onlending terms and conditions: (a) for purpose of carrying out Part A.1 of the Project: (i) the principal amount of the On-lending Loan shall be: (A) the equivalent of the aggregate amount of the principal of all Sub-loans made in Dong and/or in Dollars out of the proceeds of the Credit allocated to Category 1(a) of the table in paragraph 1 of Schedule 1 to this Agreement; (B) onlent in Dong and in Dollars corresponding to the currency of the principal amount of the RDF II Sub-loans; (C) in respect of the principal of said Sub-loans made in Dong, repaid by BIDV in Dong in an amount equivalent at the time of withdrawal to the amounts withdrawn from time to time from the Credit Account under the above-mentioned Category (1)(a) in respect of such Sub-loans; and (D) in respect of the principal of said Sub-loans made in Dollars, repaid by BIDV in Dollars in an amount equivalent at the time of repayment to the value of the currency or currencies withdrawn from time to time from the Credit Account under the above-mentioned Category (1)(a) in respect of such Sub-loans; (ii) interest on the principal amount withdrawn and outstanding made in Dong and in Dollar shall be required to regulate, payable by BIDV at a per annum fixed or variable rate of interest established in a manner satisfactory to the BankAssociation, which shall include a margin of at least two percent (2%) to cover full operating costs of BIDV in respect to the funding procedures which will ensure that Subsidiary Loans and BIDV Additional Financing, including provision for loan losses thereof; (iii) commitment charges shall be payable on the Executing Entities shall have amount so on-lent but not yet withdrawn from time to time at the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated rate payable by the State, as referred to in Borrower under Section 2.01 2.04 (ha) of the Project this Agreement; all and (iv) the principal amount shall be repaid in twenty five (25) years including a timely manner and in sufficient amounts for grace period of eight (8) years on the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAprincipal. (db) The Borrower shall make the proceeds For purposes of carrying out Part A.2 of the Loan allocated respectivelyProject: (i) for purposes the principal amount of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, On-lending Loan shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank tobe: (A) onthe equivalent of the aggregate amount of the principal of all Sub-lend loans made in Dong out of the proceeds of the Loan Credit allocated for purposes to Category 1(b) of the credit programs included table in Parts D and I paragraph 1 of Schedule 1 to this Agreement; (B) onlent in Dong corresponding to the currency of the Project principal amount of the MLF Sub-loans; and (C) repaid by BIDV in accordance with: Dong in an amount equivalent at the time of withdrawal to the amounts withdrawn from time to time from the Credit Account under the above-mentioned Category (1)(b) in respect of such Sub-loans; (ii) interest on the principal amount withdrawn and outstanding made in Dong shall be payable by BIDV at a per annum fixed or variable rate of interest established in a manner satisfactory to the Association, which shall include a margin of at least two percent (2%) to cover full operating costs of BIDV in respect to the Subsidiary Loans, including provision for loan losses thereof; (iii) commitment charges shall be payable on the amount so on-lent but not yet withdrawn from time to time at the rate payable by the Borrower under Section 2.04 (a) of this Agreement; and 1. (iv) the principal amount shall be repaid in twenty (25) years including a grace period of eight (8) years on the principal. (c) For purposes of carrying out Part B of the Project the Borrower shall onlend to BIDV an amount out of the proceeds of the Credit, allocated from time to time to Categories (2) through (4) of the table in paragraph 1 of Schedule 1 to this Agreement under terms and conditions satisfactory to the Association. Section 3.05. For purposes of carrying out Part A.1 of the Project, BIDV shall relend to each PFI an amount out of the proceeds of the Credit allocated from time to time to Category (1)(a), under a RDF II Subsidiary Loan Agreement to be entered into between BIDV and each PFI under terms and conditions satisfactory to the Association, which shall include those set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions RDF II Policy Manual and in Part A of Section II of Schedule 5 to this Agreement, and the lending policies following principal onlending terms and procedures set forth in conditions: (a) the MCR applicable principal amount of the RDF II Subsidiary Loan shall be: (i) equivalent to the Programaggregate amount of the principal of all RDF II Subsidiary Loans made out of the proceeds thereof by BIDV; (ii) onlent in Dong or in Dollars; (iii) in respect of RDF II Sub-loans made in Dong, repaid by the PFI in Dong in an amount equivalent at the time of withdrawal to the amounts withdrawn from time to time from the Credit Account under Category (1)(a) in respect of such RDF II Sub-loans; and (iv) in respect of RDF II Sub-loans made in Dollars, repaid by the PFI in Dollars in an amount equivalent at the time of repayment to the value of the currency or currencies withdrawn from time to time from the Credit Account under Category (1)(a) in respect of such RDF II Sub- loans; (Bb) allocate interest on the principal amount withdrawn and outstanding of a priority basis, adequate funds for Subsidiary Loan made in Dong shall be payable at a per annum rate of interest established in a manner satisfactory to the financing of working capital (custeio) needs of the BeneficiariesAssociation; (Cc) maintain separate accounts interest on the principal amount withdrawn and records adequate outstanding of a Subsidiary Loan made in Dollars shall be payable at the London interbank offered rate for six months deposits in Dollars plus a margin sufficient to record and monitor the progress cover full operating costs of BIDV in respect of the credit programs under Parts D and I of the ProjectSubsidiary Loan, including provision for loan losses thereof; (Dd) undertake commitment charges shall be payable on the amount so on-lent but not yet withdrawn from time to provide monthly information time at the rate payable by the Borrower under Section 2.04 (a) of this Agreement; and (e) the principal amount of such RDF II Subsidiary Loans shall be repaid in accordance with an amortization schedule which corresponds to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I composite of the Project and the preceding month’s lending performance amortization schedules of the Participating Bank in the area where Sub-projects are carried out;such RDF II Subsidiary Loans. (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance Section 3.06. For purposes of the Participating Bank in the carrying out of the credit program included in Part I A.2 of the Project, the Subloans, the Beneficiaries, the expenditure BIDV shall relend to each MFI an amount out of the proceeds of the LoanCredit allocated from time to time to Category (1)(b), the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds an MLF Subsidiary Loan Agreement to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter entered into an agreement with SUDENE, on between BIDV and each MFI under terms and conditions satisfactory to the BankAssociation, not later than six months after which shall include those set forth in the date MLF Policy Manual and in Part B of Section II of Schedule 5 to this Agreement, and the following principal onlending terms and conditions: (a) the principal amount of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank MLF Subsidiary Loan shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. be: (i) The the equivalent of the aggregate amount of the principal of all MLF Subsidiary Loans made out of the proceeds thereof by BIDV to the relevant MFI; (ii) onlent in Dong; and (iii) be repaid by the MFI in Dong in an amount equivalent at the time of withdrawal to the amounts withdrawn from time to time from the Credit Account under Category (1)(b); (b) interest on the principal amount withdrawn and outstanding of an MLF Subsidiary Loan made in Dong shall be payable at a per annum rate of interest established in a manner satisfactory to the Association; (c) commitment charges shall be payable on the amount so on-lent and not yet withdrawn from time to time at the rate payable by the Borrower shall, by not later than June 30, 1993, review, together with under Section 2.04 (a) of this Agreement; and (d) the Bank and SUDENE, the Program, principal amount of such MLF Subsidiary Loans shall be repaid in accordance with an amortization schedule which corresponds to the composite of the amortization schedules of such MLF Subsidiary Loans. Section 3.07. PFIs and MFIs shall make Sub-loans under terms of reference and conditions satisfactory to the BankAssociation, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations.which shall include those set forth in Section III of Schedule 5 to this Agreement Section 3.023.08. Except as the Bank Association shall otherwise agree, : (a) procurement of the goods, works and consultants’ services required for the carrying out of Sub-projects under Part A of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit through a Sub-loan shall be made in accordance with governed by the provisions of paragraph 4 (b) and (c) of Part A of Section III of Schedule 5 to this Agreement; and (b) procurement of the goods and consultants’ services required for Part B of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 2 3 to the Project this Agreement. Section 3.09. For the purposes of Section 9.06 of the General Conditions and without limitation thereto, the Borrower shall: (a) The Borrower shall: (i) prepare, on the basis of guidelines acceptable to the Association, and furnish to the Bank by October 31 in each yearAssociation not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, for its review and commenta plan to ensure the sustainability of the Project, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; and (iib) afford the Bank Association a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) carry out Parts A.1, A.3, B and issue guidelines related to the carrying out C.2 of the ProgramProject through MOAF, to propose annual budgets for such Program and to take all actions necessary to ensure with the availability assistance of the counterpart funds for respective Public Project Entities set forth in the carrying out of such Program in a timely manner; (ii) SUDENE Annex to coordinate (at the regional level)Schedule 5 to this Agreement and other designated Public Project Entities, supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, agricultural, engineering, accounting, information technology and agricultural environmental standards and practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any For the purpose of its other obligations under carrying out Parts A.1, A.3, B and C.2 of the Loan AgreementProject, the Borrower shall cause make available to each of the Statedesignated Public Project Entities responsible for carrying out a Public Investment Sub- project under any of such Parts of the Project, the funds, facilities, services and other resources required for such Public Investment Sub- project, including the corresponding portions of the proceeds of the Loan, under contractual or other arrangements satisfactory to the Bank. (c) Without limitation or restriction upon the provisions of paragraphs (a) and (b) of this Section, and except as the Bank and the Borrower shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement. Section 3.02. (a) For the purpose of carrying out Parts A.2 and C.1 of the Project, the Borrower shall: (i) select, in accordance with criteria satisfactory to the Bank, one or more commercial banks (the Agency Banks) capable of administering the Sub-loans; (ii) make available to each Private Enterprise, out of the proceeds of the Loan allocated from to time to Category (1) of the table set forth in paragraph 1 of Schedule 1 to this Agreement, the amount of financing required for its respective Private Sub-project under a subsidiary loan agreement (the Subsidiary Loan Agreement) to be entered into between the Borrower and the Private Enterprise (together with any agreement with the Agency Bank, providing for the administration of such Sub-loan), under terms and conditions satisfactory to the Bank, which shall include, without limitation, the terms and conditions set forth in Part C of Schedule 7 to this Agreement; and (iii) cause the Private Enterprises to perform in accordance with the provisions of the Project Agreementrespective Subsidiary Loan Agreements, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and bytherein.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower Section 2.01. Kiev CSA declares its commitment to the objectives of the Project as set forth in Schedule 2 to this the Loan Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering, environmental and agricultural municipal practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and shall cause the Stateprovide, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Section 2.02. Kiev CSA shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to duly perform all its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Subsidiary Loan Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except . Except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA Kiev CSA shall not to amendtake or concur in any action which would have the effect of amending, abrogateabrogating, waive assigning or fail to enforce waiving the Subsidiary Loan Agreement or any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.022.03. Except as the Bank shall otherwise agree, procurement of the goods, goods and works required for Part A.1(a) of the Project and audit services required for the carrying out Part B.1(b) of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of the Schedule 2 to the this Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying Section 2.04. Kiev CSA shall carry out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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 Part A of the Project. (a) Kiev CSA shall be carried out, or caused to be carried out, by maintain until Project completion a PIU as a separate legal entity with functions and responsibilities agreed with the Bank. (b) Kiev CSA shall ensure that the PIU is at all times: (i) headed by an experienced Project Director; (ii) has adequate staff; and (iii) assisted by consultants, as needed, all with qualifications, experience and terms of reference satisfactory to the State in respect Bank. Section 2.06. (a) Kiev CSA shall, at the request of the State Bank, exchange views with the Bank with regard to progress of the Project, the performance of its obligations under this Agreement and byunder 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. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this AgreementAgreement and, and to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of Project through the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Institute with due diligence and efficiency, efficiency and in accordance conformity with appropriate economic, financial, administrative, financial scientific and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section the Borrower shall make its budgetary contribution to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceInstitute by monthly payments in advance. (c) Without limitation to its obligations under upon the provisions of paragraph (a) above, of this Section and except as the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank Association shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of carry out the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 4 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Credit shall be made in accordance with governed by the provisions of Schedule 2 5 to the Project this Agreement. (a) The Borrower shall: (i) furnish to Section 3.03. For the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version purposes of such budget. (b) In order to assist the EMBRAPA in carrying out Part H C.2 and 3 of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory the Institute to: (a) prep- are for each year a detailed training program and submit it by June 30 of each year to the Bank, to employ consultants whose qualifications, experience Association for its review and terms comments; and conditions of employment shall be satisfactory to (b) promptly carry out said training program as agreed upon with the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Association. Section 3.04. The Bank Borrower shall cause the Institute to: (a) submit to the Association for its approval the names and qualifications of candidates selected by the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 Institute to undertake any upgrading training under Part C of the General Conditions Project; and (relating b) take all necessary measures to insurance, use secure for at least four years the services of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) fellowship recipients in the positions for which they shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byhave been trained.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H C of the Project, all Project through MCI with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativeadministrative and financial practices and shall provide, financial promptly as needed, the funds, facilities, services and agricultural practicesother resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause each of the State, under contractual arrangements satisfactory to the Bank, Companies to perform all its obligations set forth in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable each of the State Companies to perform its such obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (a) The Borrower shall relend the equivalent of forty-two million three hundred thousand dollars ($42,300,000) out of the proceeds of the Loan to YXCFC under a subsidiary loan agreement to be entered into between the Borrower and YXCFC under the terms and conditions which shall have been approved by the Bank and which shall include, inter alia, those specified in paragraph (f) of this Section. (b) The Borrower shall relend the equivalent of thirteen million eight hundred thousand dollars ($13,800,000) out of the proceeds of the Loan to YCFC under a subsidiary loan agreement to be entered into between the Borrower and YCFC under the terms and conditions which shall have been approved by the Bank and which shall include, inter alia, those specified in paragraph (f) of this Section. (c) Without limitation The Borrower shall relend the equivalent of fourteen million dollars ($14,000,000) out of the proceeds of the Loan to its obligations LCFC under a subsidiary loan agreement to be entered into between the Borrower and LCFC under the terms and conditions which shall have been approved by the Bank and which shall include, inter alia, those specified in paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (hf) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POAthis Section. (d) The Borrower shall make relend the equivalent of thirteen million four hundred thousand dollars ($13,400,000) out of the proceeds of the Loan allocated respectively: to XCFC under a subsidiary loan agreement to be entered into between the Borrower and XCFC under the terms and conditions which shall have been approved by the Bank and which shall include, inter alia, those specified in paragraph (if) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bankthis Section. (e) The Borrower, through DTN, Borrower shall enter into agreements, satisfactory to relend the Bank, with each equivalent of the Participating Banks, providing for the Participating Bank to: twelve million six hundred thousand dollars (A$12,600,000) on-lend out of the proceeds of the Loan allocated for purposes of to BCEC under a subsidiary loan agreement to be entered into between the credit programs included in Parts D Borrower and I of the Project in accordance with: Agreement; and 1. BCEC under the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank which shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of have been approved by the Bank and the Borrower; which shall include, inter alia, those specified in paragraph (iif) enable the Borrower to comply with its obligations under of this Agreement; and (iii) achieve the purposes of the ProjectSection. (f) Unless Except as the Bank shall otherwise agree, the relending terms and conditions between the Borrower and the Companies shall, inter alia, include: (i) interest rate of 7.92% per annum; (ii) commitment charge calculated in accordance with Section 2.04 of this Agreement; (iii) repayment period of 15 years, including a grace period of five years; and (iv) each of the Companies shall bear the foreign exchange risk for its subsidiary loan. (g) In addition to proceeds of the Loan relent to the Companies pursuant to Section 3.02 (a) through (f) above, the Borrower shall relend to each Company under the respective Subsidiary Loan Agreement the equivalent of ninety thousand dollars ($90,000) for consultants’ services under Part C (i) of the Project, on the following terms and conditions: (i) service charge at the rate of three-fourths of one percent (3/4 of 1%) per annum; (ii) commitment charge at the rate of three-fourths of one percent (3/4 of 1%) per annum; (iii) repayment period of 15 years, including grace period of 5 years; and (iv) the Company shall bear the foreign exchange risk. (h) The Borrower shall exercise its rights under the Subsidiary Loan Agreements in such a manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the Subsidiary Loan Agreements to affect the provisions of the MCR applicable to the Programparagraph (f) above. (g) Without limitation to its other obligations under this Section, the Section 3.03. The Borrower shall provide maintain the funds necessary Project Coordination Unit established within MCI to finance coordinate implementation of the costs of any subsidies related to the terms of onlending referred to in paragraph (e) aboveProject, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms staff and conditions satisfactory responsibilities acceptable to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.023.04. Except as the Bank shall otherwise agree, procurement of the goods, works goods and services employment of engineering firms and consultants required for the carrying out of the Project assigned to EMBRAPA and Project, to be financed out of the proceeds of the Loan Loan, shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.05. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.07 and 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance reports and land acquisitionmaintenance, respectively) in respect of Parts A and B of the Project, shall be carried outout by each of the Companies pursuant to Section 2.04 of the Project Agreement. Section 3.06. The Borrower shall allow the Companies to sell their entire output of fertilizer outside the state allocation plan, or caused to be carried out, by at market-related prices. Section 3.07. The Borrower shall carry out the management efficiency study under Part C (i) the State in respect of the State ProjectProject in accordance with terms of referrence agreed with the Bank, and byshall complete and review such study with the Bank not later than June 30, 1989. Section 3.08. The Borrower shall carry out the program for strengthening BICEM under Part C (ii) of the Project in accordance with the scope agreed with the Bank, and shall complete such program not later than December 31, 1990.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Programend, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without without any limitation or restriction upon any of its other obligations under the Loan Agreement, shall carry out the Project with the participation of the Participating Cities. To that end, the Borrower shall act through the CPIU, shall cause the State, under contractual arrangements satisfactory to the Bank, CPIU to perform in accordance with the provisions of the Project Agreement, Agreement all the respective obligations of the State CPIU therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State CPIU to perform its obligationssuch obligations and the Participating Cities to carry out their obligations in respect of the Project, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (cb) Without limitation to its obligations under paragraph (a) above, the The Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory make available to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make CPIU the proceeds of the Loan allocated respectively: from time to time to Categories (i1) for purposes (b) and (4) of the State Project available table set forth in paragraph 1 of Schedule 1 to the Statethis Agreement; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend relend the proceeds of the Loan allocated for purposes from time to time to each of the credit programs included in Parts D sub-Categories of Category (2) of such table to the respective Participating City and I the pro-rated portion allocated to Categories 1 (a), 3, one-half of 5 and 6 of such table under subsidiary loan agreements (the Participating City Subsidiary Loan Agreement) to be entered into among the Borrower, each of the Project Participating Cities, and the Government of the Oblast or Republic in accordance with: Agreement; and 1. which the Participating Cities are located, providing for Participating City Subsidiary Loans, under terms and conditions set forth in Schedule 5 to this 2. acceptable to the extent that they are compatible with Bank which shall include: (i) the principal amount of each Participating City Loan will be denominated in Dollars and be the equivalent amount withdrawn from the Loan Account, or the payment out of the Special Account, and the Participating Cities shall carry the foreign exchange risk; (ii) each Participating City shall pay: (1) interest on the principal amount of the Participating City Subsidiary Loan withdrawn and outstanding from time to time, at a variable interest rate equal to the rate applicable pursuant to the provisions of Schedule 5 Section 2.05 of this Agreement plus a ▇▇▇▇-up of up to 250 basis points; and (2) a commitment charge on the amount relent to the respective Participating City Subsidiary Loan not withdrawn from time to time at the same rate as applicable under the provisions of Section 2.04 of this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (Biii) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish City Subsidiary Loan shall have a grace period of six years and a final maturity of 14 to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries15 years; and (Fiv) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest implementation responsibilities of the Bank respective Participating City in respect of Parts A.4, B and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes C of the Project. (fc) Unless The Borrower shall exercise its rights under each Participating City Subsidiary Loan Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive Participating City Subsidiary Loan Agreement or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthereof. Section 3.02. Except as the Bank shall otherwise agree, procurement procure- ment of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byand

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives objective of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D Project, including the Subprojects, through SEDUR (jointly with ▇▇▇▇▇▇) and I of shall cause the Project; and (iv) EMBRAPA Participating Municipalities to carry out Part H C.2 (b) (ii) of the Project, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate social, environmental, administrative, financial financial, engineering, and agricultural integrated urban development practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (cb) Without limitation to its obligations under paragraph the provisions of Section 3.01 (a) aboveof this Agreement, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectivelycause: (i) for purposes the Project to be carried out in accordance with the provisions and recommendations of the State Project available to Environmental Impact Assessment and the State; and Resettlement Framework, when applicable; (ii) for Part H of the contractors that will carry out civil works under the Project available to EMBRAPAperform their construction work in accordance with the environmental practices set out in the manual issued by the Borrower on April 14, 2005, and incorporated into the Operational Manual; under arrangements satisfactory to the Bank.and (eiii) The Borrower, through DTN, shall enter into agreementsthe Project to be carried out in accordance with the provisions of a manual, satisfactory to the BankBank (the Operational Manual), which shall contain the policies and procedures for the carrying out, monitoring and evaluation of the Project, including, inter alia: (A) the detailed criteria and procedures for selection and carrying out of Subprojects and the participation of Municipalities in the preparation and prioritization of Subprojects, including: (1) the delivery of the Commitment Letters; (2) the signing of Participation Agreements; (3) the preparation of a plan for Subproject implementation with each the participation of the Participating BanksMunicipalities, Participating Secretariats and other stakeholders; (4) the coordination of the Subproject preparation process by ▇▇▇▇▇▇ with the participation of SEDUR; (5) the signing of an addendum to the Participation Agreements providing for the Participating Bank to: Subproject working plan; and (A6) on-lend the proceeds signing of the Loan allocated for purposes Transfer Agreements; (B) the model forms of the credit programs included in Parts D Commitment Letters, the Participation Agreements and I the Transfer Agreements; (C) the Project procurement and financial management requirements and procedures; (D) the indicators to be used for Project monitoring and evaluation; and (E) the functions, responsibilities, structure and key staff composition of the Project in accordance with: Agreement; and 1Steering Committee and PMU. In case of any inconsistency between a provision of the terms Operational Manual and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing provision of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the ProjectAgreement will prevail. (fa) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works works, non-consultants’ services and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 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 later than 12 months after the date of the preceding Procurement Plan, for the Bank’s approval. Section 3.03. The Borrower shall, for purposes of Project implementation: (a) maintain, during Project implementation, a steering committee to be responsible for overall guidance with respect to Project execution (the Project Steering Committee), and a unit within SEDUR to be responsible for the general management of the Project (the PMU), such Project Steering Committee and PMU to have the composition, structure, responsibilities and functions as set out in the Operational Manual; (b) take the necessary administrative measures, under terms and conditions satisfactory to the Bank, providing, inter alia, for the obligation of: (i) SEDUR to make available to ▇▇▇▇▇▇ the proceeds of the Loan and the Project counterpart funds whenever required by ▇▇▇▇▇▇ to carry out the Project as set forth or referred to in this Agreement; and (ii) ▇▇▇▇▇▇ to carry out the Project as set forth or referred to in this Agreement, and to provide SEDUR with all assistance required by SEDUR to comply with the Borrower’s obligations under this Agreement; (c) before initiating the carrying out of any Subproject, enter, through SEDUR, into arrangements satisfactory to the Bank with the relevant Participating Municipality providing for the transfer to such Municipality of the portion of the Loan proceeds allocated to finance the activities under Part C.2 (b) (ii) of the Project to be carried out by such Municipality, and the obligation of such Municipality to carry out such activities as set forth or referred to in this Agreement; and (d) exercise its rights and comply with its obligations under the Participation Agreements, the Transfer Agreements and the agreements involving the transfer of loan proceeds related to the Project Agreementin such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan, and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, waive or fail to enforce its rights under such agreements or any provision thereof. (a) The Borrower shallshall submit each Subproject to the Bank for approval before submitting any application for the withdrawal of Loan proceeds from the Loan Account or before disbursing funds from the Special Account for the purpose of financing expenditures under the relevant Subproject. (b) When presenting a Subproject to the Bank for approval, the Borrower shall furnish to the Bank an application, in form and substance satisfactory to the Bank, and in conformity with the relevant provisions of the Operational Manual, containing, inter alia: (i) a description of the Subproject and expenditures to be incurred therein; (ii) a detailed description of how the relevant Subproject meets the eligibility criteria set forth in the Operational Manual; (iii) a plan for the administration, operation and maintenance of the proposed Subproject; (iv) evidence that the Borrower holds the corresponding environmental permits required for the execution of the works planned under the proposed Subproject; (v) an environmental management plan, satisfactory to the Bank, for the Subproject, which shall be based on the Environmental Impact Assessment; (vi) when applicable, an action plan for resettlement of the population affected by the Subproject, to be prepared in accordance with the Resettlement Framework; and (vii) the drafts of the Participation Agreements to be entered into in connection with the proposed Subproject. (c) The Borrower shall carry out any Subproject in accordance with the terms and conditions approved by the Bank. Section 3.05. The Borrower shall: (a) maintain a Project monitoring and information system in SEDUR, satisfactory to the Bank (the MIS), to enable it to monitor and evaluate on an on-going basis, in accordance with the performance indicators set forth in the Operational Manual, the carrying out of the Project and the achievement of the objective thereof; (b) prepare, under terms of reference satisfactory to the Bank, and furnish to the Bank, not later than twelve months after the Effective Date and yearly thereafter during Project implementation, 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 such report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objective thereof during the period following such date; and (c) review such report with the Bank promptly after its preparation, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objective thereof, based on the conclusions and recommendations of the said report and the Bank’s views on the matter. Section 3.06. For the purposes of Section 9.07 (c) of the General Conditions, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank by October 31 in each yearnot later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, for its review and comment, the proposed POA and budget a plan for the Project and for future operation of the Northeast Rural Development Program for the following fiscal yearProject; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) Section 3.01. The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and to this end Recipient shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project through NHAI with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural engineering practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make including the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsGrant. Section 3.02. Except as the Bank Administrator shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan Grant shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower Recipient shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Recipient responsible for carrying out the Project or any part thereof. (b) The Recipient shall: : (i) have the records and accounts referred to in paragraph (a) of this Section for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Administrator; (ii) furnish to the Bank by October 31 Administrator as soon as available, but in any case not later than six months after the end of each such year, for its review the report of such audit by said auditors, of such scope and comment, in such detail as the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal yearAdministrator shall have reasonably requested; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and and (iii) furnish to the Bank by January 1 Administrator such other information concerning said records and accounts and the audit thereof as the Administrator shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the Grant Account were made on the basis of statements of expenditure, the Recipient shall: (i) maintain or cause to be maintained, in each accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures; (ii) retain, until at least one year after the administrative regulation approving Administrator has received the POA audit report for the fiscal year in which is being initiated on the last withdrawal from the Grant Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such date expenditures; (iii) enable the Administrator’s representatives to examine such records; and (iv) ensure that such records and by March 15 accounts are included in each year the final approved version of such budget. annual audit referred to in paragraph (b) In order of this Section and that the report of such audit contains a separate opinion by said auditors as to assist whether the EMBRAPA statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in carrying out Part H of their preparation, can be relied upon to support the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981related withdrawals. Section 3.044.01. The Bank This Agreement shall become effective upon its execution by the parties hereto. Section 4.02. This Agreement shall continue in effect until the Grant has been fully disbursed and the Borrower hereby agree that the parties to this Agreement have fulfilled all their obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byhereunder.

Appears in 1 contract

Sources: Japanese Grant Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included Project through the Temporary Project Execution Entity and with the assistance of Implementing Agencies as shown, in respect of the different Parts D and I of the Project; and (iv) EMBRAPA , in the Annex to carry out Part H of the Projectsaid Schedule 2, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativeenvironmental and ecologic practices, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreementshall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable resources required for the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performanceProject. (cb) Without limitation Pursuant to its obligations under the provisions of paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; of this Section and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in receiving their assistance regarding the carrying out of the credit program included in Part I of the Project, the SubloansBorrower, through the BeneficiariesTemporary Project Execution Entity, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement contractual arrangements with SUDENEeach Implementing Agency (Implementing Agreement); such contractual arrangements shall provide, on terms and conditions satisfactory to the Bank: (i) a general description of the results that the Temporary Project Execution Entity and such Implementing Agency are expecting as the outcome of the activities of such Implementing Agency under the Project; and (ii) shall further provide that such Implementing Agency shall, not later than six months in performing such activities, abide by the provisions of the Manual and take all such action on its part as shall be required to enable the Borrower: (A) to comply with its obligations under this Loan Agreement, particularly with those under Sections 3.02 and 4.01 thereof and under Sections 9.04 through 9.09 of the General Conditions; and (B) to suspend payments to the Implementing Agency in question in the case of lack of compliance thereby with the provisions of the corresponding Implementing Agreement, particularly in the case special audits of the accounts and records of such Agency are required because audits thereof made pursuant to Section 4.01 of this Loan Agreement shall have identified irregularities; provided, further, that in respect of each of ACOFORE, CONIF, FEDECAFE and the Timber Company, and any other privately owned entity that may be accepted in the future as an Implementing Agency under the Project, the services of each such Implementing Agency shall be hired by the Borrower, through the Temporary Project Execution Entity and on the terms and conditions stipulated under the corresponding Implementing Agreement while, in respect of the rest of the Implementing Agencies, each Implementing Agreement shall stipulate in what manner the Implementing Agency in question shall participate in the Project and the means by which their respective budgetary resources for the Project shall be supplemented, if so required, with, inter alia, the corresponding portion of Loan proceeds. (c) Without limitation upon the preceding provisions of this Section, and except if the Bank shall otherwise agree, the contractual arrangements referred to in paragraph (b) above shall include, also on terms and conditions satisfactory to the Bank: (i) provisions, of the type stipulated in such paragraph (b) and other provisions covering aspects related to relevant environmental licenses or other types of permits or prohibitions all aimed at preventing or mitigating adverse environmental impact (the Framework Provisions), such Framework Provisions to continue to be in effect for as long as one year after the date specific activities that the Implementing Agency in question has obligated itself to perform in respect of the Amending AgreementProject have been completed to the satisfaction of the corresponding Temporary Project Execution Entity and the Bank (the Framework Provisions); and (ii) provisions (the Annual Work Provisions) which shall reflect, in terms fully consistent with the relevant Annual Work Program or Programs, the specific activities that such agreement Implementing Agency shall perform under the Project during a period which, unless the Bank and the corresponding Temporary Project Execution Entity shall otherwise agree, shall not extend beyond the end of the calendar year in respect of which the relevant Annual Work Program has been approved; provided, however, that the Implementing Agreement with each Implementing Agency may be reflected in one or more instruments and that in the case of an Implementing Agency that performs activities with regard to define more than one Part of the respective responsibility of SUDENE and EMBRAPA regarding Part H Project, the Framework Provisions binding such Agency may be common to all the relevant Parts of the Project and except be reflected in one single instrument. (d) The provisions of paragraphs (b) and (c) above notwithstanding, the Temporary Project Execution Entity shall, through the corresponding Implementing Agreement, ensure that ICFES shall enter with each Part D.1 Subagency into contractual arrangements on terms and conditions satisfactory to the Bank (Part D.1 Subagency Agreement); provided, however that: (i) the Framework Provisions of such Implementing Agreement shall constitute an integral part of each Part D.1 Subagency Agreement and shall continue to be in effect for as long as one year after the specific activities referred to in (ii) below have been completed to the satisfaction of DNP, ICFES and the Bank; while (ii) the obligations of the corresponding Part D.1 Subagency under the provisions of the Part D.1 Subagency Agreement in question (which shall reflect, in terms fully consistent with the relevant Annual Work Program or Programs, the specific activities that such Part D.1 Subagency has obligated itself to carry out under Part D.1 of the Project during a period which unless the Bank and DNP shall otherwise agree, shall not extend beyond the end of the calendar year in respect of which the relevant Annual Work Program has been approved), shall also constitute obligations of ICFES as an integral part of the Annual Work Provisions of the Implementing Agreement entered into between DNP and ICFES; further provided, however, that the provisions of the proviso to paragraph (c) above shall apply also, mutatis mutandis, to this paragraph (d). (e) Except as the Bank shall otherwise agree, DNP shall not, and cause SUDENE and EMBRAPA ICFES with regard to the Part D.1 Subagency Arrangements not to assign, amend, abrogateabrogate or waive any provision of any Implementing Agreement, waive or Subagency Agreement, as the case may be, with the exception of those provisions referred to in paragraphs (c) (ii) or paragraph (d) (ii) above, as the case may be, which relate exclusively to the carrying out of the specific activities, and which, after the relevant period has ended and after a new Annual Work Plan has been approved, shall be replaced by new provisions reflecting, and/or related to, the specific activities, consistent with such Annual Work Program, which the Implementing Agency or Part D.1 Subagency in question, as the case may be, shall carry out under the Project during the period in question. (f) The preceding provisions of this Section notwith- standing, the Borrower shall not enter into any Implementation Agreement and cause ICFES not to enter into any Part D.1 Subagency Agreement if, at the time of entering into the applicable Agreement, the Implementing Agency or Part D.1 Subagency in question was not fully complying with the existing legal requirements in respect of matters related to environment, ecology, indigenous people and Black communities. (g) Without limitation upon the preceding provisions of this Section, the Borrower shall maintain the Manual and the Coordinating Unit until the end of the year in which the final withdrawal from the Loan Account has taken place, shall not change or fail to enforce the Manual or any provision thereof, shall not change the legal status, terms of such agreementreference, organization or structure of the Coordinating Unit, and shall provide the Coordinating Unit, promptly as needed, the funds, facilities, services and other resources required for the discharging of its functions and responsibilities under the Project. (h) Without limitation upon the preceding provisions of this Section, the Borrower shall: (i) The Borrower shall, by not later than June 30, 1993, review, together with maintain the Coordinating Committee until the Bank and SUDENEwill have notified the Borrower, pursuant to the provisions of paragraph (am) of Section 1.02 of this Agreement, the Program, in accordance Bank’s favorable opinion with terms of reference satisfactory respect to the BankMinistry becoming the Temporary Project Execution Entity; (ii) take all such action as shall be necessary to put the Coordinating Unit under the jurisdiction of the Ministry, if the aforesaid notification will have been sent, and shallupon the sending thereof; and (iii) provide the funds, immediately thereafterfacilities, services and other resources required for purposes of (i) and, if recommended by such reviewwarranted, amend the Program, taking into account such recommendations(ii) above. Section 3.02. (a) Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In Without prejudice to the provisions of paragraph (a) of this Section, the Borrower, through the Coordinating Unit and by a date eight months after the award of the first non-reviewed contract, and every six months thereafter, shall submit to the Bank a procurement evaluation report, such report to review and describe the processes followed for the award of each non-reviewed contract awarded during the six-month portion of the period ending on the date on which each such report is due and to evaluate whether the obligations of the Borrower under paragraph (a) of this Section have been met in respect of the contracts covered by such report. (c) For purposes of paragraph (b) of this Section: (i) the Coordinating Unit shall assign the services of its procurement specialist in a timely fashion and pursuant to the provisions of Section II of Schedule 4 to this Agreement; and (ii) the term "non-reviewed contract" means each contract to be procured pursuant to the provisions of paragraph (a) of this Section and, as the case may be, subjected either to the provisions of Part E.1 (b) of Section I of such Schedule or to the exception provided for under paragraph 2 of the aforesaid Section II. Section 3.03. The Borrower shall take all such action on its part as shall be necessary to ensure that: (a) by June 30, 1996 all preparatory activities in order to assist undertake jointly with the EMBRAPA Bank the Mid-term review and evaluation of the Project under Part D.5 (c) of the Project have been completed, including, but not limited to, Part A.1 of the Project and a proposal for revised forest concessions, harvesting permits and royalties in carrying out Part H natural forest areas, and Parts D.4 and D.5 (e) of the Project, and that, at any date thereafter, it shall be ready to meet with the Borrower Bank at the request thereof for purposes of the aforesaid Part D.5 (c) of the Project; and (b) after Part D. 5 (c) of the Project shall cause EMBRAPAhave been completed at the satisfaction of the Bank, under contractual arrangements satisfactory all required adjustments to Project execution, as well as changes to the Manual agreeable to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981are introduced. Section 3.04. The Bank Borrower shall: (a) not later than on October 31 each year, present to the Bank, for approval, a detailed work program (Annual Work Program) for the following year prepared by the Coordinating Unit for all activities under the Project of the Temporary Project Execution Entity, each Implementing Agency and Part D.1 Subagency, together with the corresponding budgets; (b) refrain and cause Implementing Agencies and Part D.1 Subagencies to refrain, from incurring in expenditures under the Project unless the expenditures in question are part of the corresponding Annual Work Program and the Borrower hereby agree that said Program has been approved by the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byBank;

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included Project through MEF, with the cooperation of CGE (in Parts respect of Part D and I of the Project; ) and AME (iv) EMBRAPA to carry out in respect of Part H B.2 of the Project), and with participation of the Implementing Agencies (in respect of Parts A through C of the Project), all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativefinancial, financial accounting, administrative and agricultural managerial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under Pursuant to the Loan CGE Participation Agreement, the AME Participation Agreement and each Implementation Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall shall: (i) take or cause to be taken all action, including the provision of funds, facilities, services and other resources, action necessary or appropriate to enable MEF, CGE, AME and the State Implementing Agencies to perform its obligations, and shall carry out the Project; and (ii) not take or permit to be taken any action which would prevent or interfere with such performance. (c) the carrying out of the Project by MEF, CGE, AME and the Implementing Agencies. Without limitation or restriction to its obligations under the provisions of paragraph (a) above, the Borrower shall: (ithrough MEF) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying carry out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions Project Implementation Plan. If any provision of Schedule 5 to the Project Implementation Plan is inconsistent with a provision of this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower Agreement shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsgovern. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (ithrough MEF) furnish to the Bank by October 31 in shall enter into agreements with each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPAImplementing Agency, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants agreements to provide for MEF’s overall coordination of the implementation of Parts A through C of the Project, including, inter alia: (i) MEF's obligation to take all actions necessary or appropriate to enable each such Implementing Agency to participate in the implementation of the Project; and (ii) the obligation of each such Implementing Agency to: (A) operate, maintain, insure and repair, in accordance with appropriate technical and insurance standards, the goods financed out of the proceeds of the Loan; and (B) adequately train the personnel assigned to the implementation of the Project. (b) The Borrower (through MEF) shall enter into an agreement with CGE, under terms and conditions satisfactory to the Bank, such agreement to provide the rules and procedures for CGE’s cooperation in the implementation of Part D of the Project. (c) The Borrower (through MEF) shall enter into an agreement with AME, under terms and conditions satisfactory to the Bank, such agreement to provide the rules and procedures for AME’s cooperation in the implementation of Part B.2 of the Project. (d) The Borrower (through MEF) shall exercise its rights and carry out its obligations under each Implementation Agreement, the CGE Participation Agreement and the AME Participation Agreement in such a manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, waive or fail to enforce any Implementation Agreement, the CGE Participation Agreement or the AME Participation Agreement or any provision thereof. (a) The Borrower shall maintain, at all times during the execution of the Project, PIU with structure and responsibilities satisfactory to the Bank, including the following responsibilities: (i) overall Project financial management, comprising records, accounts, audits and reports; (ii) procurement of the goods and services to be financed out of the proceeds of the Loan; (iii) monitoring of the performance of the Implementing Agencies pursuant to the Implementation Agreements; and (iv) coordinating with CGE and AME the implementation of Parts D and B.2 of the Project, respectively. (b) The Borrower shall ensure that PIU is staffed at all times during the execution of the Project by professional staff with experience and qualifications satisfactory to the Bank, operating under terms of reference satisfactory to the Bank, selected in accordance with principles competitive and transparent procedures satisfactory to the Bank on Bank, all as prescribed in the basis of Operational Manual. (a) The Borrower shall carry out the "Guidelines Project in accordance with an operational manual, satisfactory to the Bank, said manual to provide regulations for the Use coordination of Consultants by World Bank Borrowers Project implementation, including: detailed disbursement, accounting, auditing and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byreporting procedures;

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project Project, as set forth in Schedule 2 to this Agreement, and and, to this end shall causeend, shall: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, cause ICETEX to carry out the credit program included in Parts A, and D and I of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial educational, financial, managerial, and agricultural social practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, and shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable ICETEX to carry out Parts A and D of the State to perform its obligations, Project and shall not take or permit to be taken any action which would prevent or interfere with the carrying out of such performance.Parts of the Project by ICETEX; (ii) cause COLCIENCIAS to carry out Part B of the Project with due diligence and efficiency and in conformity with appropriate administrative, educational, engineering, environmental, financial, managerial, social, and technical practices, and shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable COLCIENCIAS to carry out Part B of the Project and shall not take or permit to be taken any action which would prevent or interfere with the carrying out of such Part of the Project by COLCIENCIAS; and (iii) carry out Part C of the Project, through MEN, with due diligence and efficiency and in conformity with appropriate administrative, compensation, educational, financial, managerial, social, and technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for Part C of the Project; (cb) Without limitation to its obligations under paragraph The Borrower shall enter into an agreement with ICETEX, COLCIENCIAS and with MEN, (athe Subsidiary Agreement) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, providing, inter alia, for: (i) in the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: case of ICETEX: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the Statetransfer, as referred on a grant basis, to in Section 2.01 (h) ICETEX of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose portion of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively:to Parts A and D of the Project; (iB) for purposes the obligation of ICETEX to carry out Parts A and D of the State Project available and to comply with all the Stateother applicable provisions of this Agreement, including, inter alia, those set forth in Sections 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.10, 4.01 and 4.02; and (C) the obligation of the Borrower, COLCIENCIAS and MEN to provide ICETEX promptly with whatever information ICETEX needs to comply with its obligations referred to in Sections 4.01 and 4.02 of this Agreement; (ii) for Part H in the case of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank toCOLCIENCIAS: (A) on-lend the transfer, on a grant basis, to COLCIENCIAS of the portion of the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I Part B of the Project; (DB) undertake the obligation of COLCIENCIAS to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under carry out Part I B of the Project and to comply with all the preceding month’s lending performance other applicable provisions of the Participating Bank this Agreement, including, inter alia, those set forth in the area where Sub-projects are carried out;Sections 3.02, 3.03, 3.04, 3.06 and 3.08; and (EC) furnish the obligation of COLCIENCIAS to the Bankprovide ICETEX promptly with whatever information, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in regarding Part I B of the Project, the Subloans, the Beneficiaries, the expenditure ICETEX needs to comply with its obligations referred to in Sections 4.01 and 4.02 of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiariesthis Agreement; and (Fiii) in the case of MEN: (A) the obligation to carry out Part C of the Project and to comply with all the other applicable provisions of this Agreement, including, inter alia, those set forth in Sections 3.02, 3.03, 3.04, 3.08; and (B) the obligation of MEN to provide ICETEX promptly with whatever information, regarding Part C of the Project, ICETEX needs to comply with its obligations referred to in Sections 4.01 and 4.02 of this Agreement. (c) The Borrower shall exercise its rights in relation to each Subproject and comply with its obligations under the Subsidiary Agreement in such manner as to: (i) to protect the interest interests of the Bank and the Borrower; (ii) enable the Borrower and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Loan, and except as the Bank shall otherwise agree, the Borrower shall not abrogate, amend, abrogate suspend, terminate, waive or waive otherwise fail to enforce the provisions of the MCR applicable to the ProgramSubsidiary Agreement or any part thereof. (gd) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs In case of any subsidies related to conflict between the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms Subsidiary Agreement and conditions satisfactory to the Bank, not later than six months after the date those of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such this agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement shall prevail. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.043.03. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, and 9.08 and 9.09 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisitionmaintenance, respectively) in respect of Parts A, D, B and C of the Project shall be carried out by ICETEX, COLCIENCIAS and MEN. (a) The Borrower shall cause ICETEX and COLCIENCIAS to carry out their Parts of the Project, and shall carry out its Part of the Project through MEN in accordance with a manual (the Operational Manual), acceptable to the Bank, said manual to include, inter alia: (i) an institutional implementation plan of ICETEX, COLCIENCIAS and MEN for the management of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities); (ii) the procurement and financial management guidelines to be followed during Project implementation by the Borrower and/or ICETEX, COLCIENCIAS and MEN; (iii) the guidelines for the preparation of the Annual Action Plans; (iv) the criteria and procedures for: (A) the selection of Eligible Tertiary Institutions to receive Doctoral Program Grants and Eligible Students to receive Tertiary Education Grants and Tertiary Education Loans; (B) the preparation, review, approval and implementation of Doctoral Program Subprojects (including, inter alia, the appropriate environmental requirements and a suggested list of possible activities, acceptable to the Bank, to be carried out under Doctoral Program Subprojects), (C) the processing, review and approval of financial aid (Tertiary Education Grants and Tertiary Education Loans) to Eligible Students; (D) the financial management procedures applicable to Doctoral Program Grants, Tertiary Education Grants and Tertiary Education Loans, respectively (including, inter alia, the guidelines and timing for the audits referred to in Section 3.08 (e) of this Agreement); and (E) the procurement and contracting procedures applicable to consultants’ services, goods and works procured by Eligible Tertiary Institutions under Doctoral Program Subprojects; and (v) the Model Forms for Doctoral Program Grant Agreements, Tertiary Education Grant Agreements, and Tertiary Education Loan Agreements. (b) Except as the Borrower and the Bank may otherwise agree in writing, the Borrower shall not abrogate, amend, suspend, waive or otherwise fail to enforce the Operational Manual or any provision thereof. (c) 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 3.05. The Borrower shall cause ICETEX to: (a) not later than January 31 of each year during Project implementation, starting in year 2003, furnish to the Bank, for its approval, an annual action plan (the Annual Action Plan), each said plan to include, inter alia: (i) the Project activities to be carried out by ICETEX, COLCIENCIAS and MEN with the assistance of the corresponding Eligible Tertiary Institutions, during the twelve months immediately following the presentation of each said plan; (ii) the procurement plan, disbursement schedule and chart of accounts for each said twelve month period; and (iii) the amount of counterpart funds needed and to be provided by the Borrower to carry out the Project during said calendar year; (b) thereafter implement, or cause to be implemented, each said Annual Action Plan, approved by the Bank, in accordance with its terms; and (c) carry out, or caused cause to be carried out, the Annual Action Plan for the year 2003 as approved by the Bank prior to the date of this Agreement. Section 3.06. Upon approval of the corresponding Annual Action Plan by the Bank, the Borrower shall: (a) cause ICETEX to enter into: (i) an agreement or amend an existing agreement (the Tertiary Education Grant Agreement); and (ii) an agreement or amend an existing agreement (the Tertiary Education Loan Agreement) with each Eligible Student, all on terms and conditions satisfactory to the Bank. (b) cause COLCIENCIAS to enter into an agreement or amend an existing agreement (the Doctoral Program Grant Agreement) with each relevant Eligible Tertiary Institution; (c) cause ICETEX and COLCIENCIAS to (i) exercise their rights and carry out their obligations under each Doctoral Program Grant Agreement, Tertiary Education Grant Agreement, and Tertiary Education Loan Agreement, in such a manner as to protect the interests of the Bank, the Borrower, COLCIENCIAS and ICETEX and to accomplish the purposes of the Loan; and (ii) except as the Bank shall otherwise agree, the Borrower shall not and shall not allow COLCIENCIAS and ICETEX to assign, amend, abrogate, terminate, waive or fail to enforce any Doctoral Program Grant Agreement (or any provision thereof), any Tertiary Education Grant Agreement (or any provision thereof), or any Tertiary Education Loan Agreement (or any provision thereof). (d) In case of any conflict between: (i) the State terms of any Doctoral Program Grant Agreement, any Tertiary Education Grant Agreement or any Tertiary Education Loan Agreement, and (ii) the terms of this Agreement, the terms of this Agreement shall prevail. (a) The Borrower shall cause ICETEX to operate and maintain in ICETEX, at all times during Project implementation, a Project coordination unit (the PCU) with a structure, functions and responsibilities acceptable to the Bank, including, inter alia, the responsibility of the PCU to assist the Borrower in the coordination, monitoring and supervision of the Project. (b) The Borrower shall cause ICETEX to ensure that the PCU is, at all times during Project implementation, headed by an executive director and staffed with an accountant, an administrative director, a financial director, a procurement specialist and other professional and administrative staff, all hired through competitive processes, in numbers and with qualifications and experience acceptable to the Bank. (c) The Borrower shall cause ICETEX not to introduce changes in the number of positions of the PCU or in the professional skills required for occupying such positions, without the consent of the Bank. Section 3.08. The Borrower shall: (a) maintain, through MEN, and cause ICETEX and COLCIENCIAS to maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the indicators set forth in the Implementation Letter and the data produced by the monitoring and evaluation program referred to in Part D.5 of the Project, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, through MEN, and cause ICETEX and COLCIENCIAS to prepare under terms of reference satisfactory to the Bank, and furnish to the Bank, each October 31 and April 30 during Project implementation, starting with the report due not later than October 31, 2003, 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 calendar semester preceding the date of presentation of the 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 following calendar semester; (c) through the Borrower’s National Planning Office (Departamento Nacional de Planeación), review with the Bank, by October 31 of each year of Project implementation, or such later date as the Bank shall agree, starting in year 2003, the pertinent 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 said reports and the Bank’s views on the matter; (d) carry out an in-depth review (the Mid-Term Review) jointly with ICETEX, COLCIENCIAS, MEN and the Bank, by December 31, 2005 or such later date as the Bank shall agree, on the progress achieved in the implementation of the Project; and (e) cause ICETEX to employ independent auditors, under terms of reference satisfactory to the Bank, to monitor –on an annual basis- the eligibility of both Eligible Students and Eligible Tertiary Institutions and compliance with the requirements of the Operational Manual and of this Agreement in respect of Tertiary Education Grants, Tertiary Education Loans, and Doctoral Program Grants. Section 3.09. For the State purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower, shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan designed to ensure the sustainability of the Project; and (b) afford the Bank a reasonable opportunity to exchange views with the Borrower on said plan. Section 3.10. In the event that the number of Tertiary Education Loans in arrears for more than ninety days exceeds 10% of ICETEX’s outstanding loan portfolio, under the Project, and byas of September 30 of each year, starting in September 2003, the Borrower shall cause ICETEX: (a) to furnish to the Bank, not later than November 30 of that year, starting in 2003, an action plan satisfactory to the Bank, to limit the number of its loans in arrears for more than ninety days to 10% or less of its outstanding loan portfolio; and (b) to carry out such action plan immediately thereafter, until at least the completion of the Project, in a manner satisfactory to the Bank.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) carry out Parts A; B.1; and issue guidelines related to the carrying out B.2 of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability Project through CNP; Part B.3 of the counterpart funds for the carrying out of such Program in a timely mannerProject through CFA; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I Part C of the ProjectProject through EMU; and (iv) EMBRAPA to carry out Part H B.4 of the ProjectProject through MOH, all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial and agricultural managerial practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, and shall provide, promptly as needed, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resourcesresources required for the Project; (b) For the purpose of implementation of Part B.3 of the Project, necessary or appropriate the Borrower shall cause CNP to enable conclude with CFA an Implementation Agreement, under terms and conditions satisfactory to the State to perform its obligationsAssociation, specifying, inter alia, the rights and shall not take or permit obligations of CNP and CFA, the timetable to be taken any action which would prevent or interfere with such performance.followed and the scope of activities to be undertaken; (c) Without limitation to its obligations under paragraph (a) aboveFor the purpose of implementation of Part C of the Project, the Borrower shall: (i) take all action as shall be required cause CNP to regulateconclude with EMU an Implementation Agreement, in a manner under terms and conditions satisfactory to the BankAssociation, specifying, inter alia, the funding procedures which will ensure that rights and obligations of CNP and EMU, the Executing Entities shall have timetable to be followed and the funds required for carrying out the Project available scope of activities to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA.be undertaken; (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights under the Implementation Agreements referred to in relation to each Subproject (b) and (c) above in such manner as to: (i) to protect the interest interests of the Bank Borrower and the Borrower; (ii) enable the Borrower Association and to comply with its obligations under this Agreement; and (iii) achieve accomplish the purposes of the Project. (f) Unless Credit, and except as the Bank Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive the provisions Implementation Agreements or any of the MCR applicable to the Program.their provisions; and (ge) Without limitation to its other obligations under upon the provisions of paragraph (a) of this SectionSection and except as the Borrower and the Association shall otherwise agree, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of carry out the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory the Implementation Program set forth in Schedule 4 to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsthis Agreement. Section 3.02. Except as the Bank Association shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out of the Project assigned to EMBRAPA Project, and to be financed out of the proceeds of the Loan Credit, shall be made in accordance with governed by the provisions of Schedule 2 3 to the Project this Agreement. (a) The Borrower shall: (i) furnish shall cause PAU to prepare and submit to the Bank by October 31 in each yearAssociation, for its review and commentcomments: (1) the first draft workplan covering the period from July 1, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year1993, until December 31, 1994; and (ii2) afford the Bank a reasonable opportunity to comment no later than November 30 of every year thereafter, subsequent draft annual workplans. The above-mentioned workplans shall, inter alia, specify monitorable targets on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetimplementation. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the The Borrower shall cause EMBRAPA, under contractual arrangements satisfactory PAU to implement the Bank, to employ consultants whose qualifications, experience recommendations made by the Association and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis arising out of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981reviews carried out. Section 3.04. The Bank Borrower shall, no later than December 31, 1993, cause CTP to assign representatives of relevant Ministries and agencies to participate in an intersectoral working group, which would advise PAU in preparing the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 national food security conferences and 9.09 workshops referred to under Part B.1 of the General Conditions Project. (relating to insurancea) The Borrower shall, use of goods and servicesno later than July 31, plans and schedules1995, records and reportsconduct, maintenance and land acquisitionjointly with the Association, respectively) shall a Project imple- mentation mid-term review. The Review shall, inter alia, be carried out, or caused to be carried out, by targeted to: (i) monitor progress in achieving Project objectives; (ii) identify implementation issues and propose solutions; (iii) promote exchange of ideas among staff involved in Project Implementation; and (iv) update Project timetables, cost estimates and budget requirements; (b) No later than one month prior to the State mid-term review referred to in respect (a) above, the Borrower shall, through PAU, furnish to the Association, for its comments, a report in such detail as the Association shall reasonably request, including an evaluation of the State Projectprogress achieved in complying with Project implementation; and (c) The Borrower shall, and bypromptly thereafter, carry out the recommendations emanating from the review.

Appears in 1 contract

Sources: Development Credit Agreement

Execution of the Project. (a) The Borrower Section 2.01. PUC declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreementthe Loan Agreement and, and to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I of the Project; and (iv) EMBRAPA to carry out Part H A.1 of the Project, all Project with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrative, financial financial, engineering and agricultural technical practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower and shall cause the Stateprovide, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take 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 the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds resources required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes A.1 of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.022.02. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants’ services required for the carrying out Part A.1 of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 1 to the Project this Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying Section 2.03. PUC shall carry out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.04 through 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project Agreement and Part A.1 of the Project. Section 2.04. PUC shall duly perform all its obligations under the Subsidiary Loan Agreement. Except as the Bank shall otherwise agree, PUC shall not take or concur in any action which would have the effect of amending, abrogating, assigning or waiving the Subsidiary Loan Agreement or any provision thereof. (a) PUC shall participate fully in the mid-term review referred to in Schedule 5 of the Loan Agreement and, to this end, shall: (i) furnish to the Borrower and the Bank such reports as may be required for that purpose, and in such detail as the Borrower or the Bank shall reasonably request, on the progress and status of the Project; and (ii) following each such review, act promptly and diligently, in order to take, or assist the Borrower in taking, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or assist the Borrower in implementing, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Project. (b) Without prejudice to the generality of the foregoing, PUC shall, at the request of the Bank, exchange views with the Bank with regard to the progress of Part A.1 of the Project, the performance of its obligations under this Agreement and byunder the Subsidiary Loan Agreement, and other matters relating to the purposes of the Loan. (c) PUC shall promptly inform the Bank of any condition which interferes or threatens to interfere with the progress of Part A.1 of the Project, the accomplishment of the purposes of the Loan, or the performance by PUC of its obligations under this Agreement and under the Subsidiary Loan Agreement.

Appears in 1 contract

Sources: Project Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and to this end shall cause: cause (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; and (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included in Parts D and I H of the Project; and (iv) EMBRAPA to carry out Part H of the Project, all with due diligence and efficiency, in accordance with appropriate administrative, financial and agricultural practices. (b) Without any limitation or restriction upon any of its other obligations under the Loan Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall take or cause to be taken all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable the State to perform its obligations, and shall not take or permit to be taken any action which would prevent or interfere with such performance. (c) Without limitation to its obligations under paragraph (a) above, the Borrower shall: (i) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide provide, advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an into the account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all , in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; the State under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I H of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions of Schedule 5 to this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I H of the Project; (D) undertake to provide monthly information to SUDENE and CARCEPA-AL, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I Parts D and H of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects Subprojects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program programs included in Part I Parts D and H of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendations. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works and services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with the provisions of Schedule 2 to the Project Agreement. (a) The Borrower shall: (i) furnish to the Bank by October 31 in each year, for its review and comment, the proposed POA and budget for the Project and for the Northeast Rural Development Program for the following fiscal year; (ii) afford the Bank a reasonable opportunity to comment on any modifications the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budget. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the The Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory furnish to the Bank on for its review and comments any proposed changes to the basis planning and budgeting procedures established for the carrying out of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981Northeast Rural Development Program. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and byState.

Appears in 1 contract

Sources: Loan Agreement

Execution of the Project. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and and, to this end end, shall cause: (i) SDR to coordinate (at the federal level) and issue guidelines related to the carrying out of the Program, to propose annual budgets for such Program and to take all actions necessary to ensure the availability of the counterpart funds for the carrying out of such Program in a timely manner; (ii) SUDENE to coordinate (at the regional level), supervise and monitor the Program; (iii) the Participating Banks, through Participating Agreements, to carry out the credit program included Project through MEF, with the cooperation of CGE (in Parts respect of Part D and I of the Project; ) and AME (iv) EMBRAPA to carry out in respect of Part H B.2 of the Project), and with participation of the Implementing Agencies (in respect of Parts A through C of the Project), all with due diligence and efficiency, efficiency and in accordance conformity with appropriate administrativefinancial, financial accounting, administrative and agricultural managerial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without any limitation or restriction upon any of its other obligations under Pursuant to the Loan CGE Participation Agreement, the AME Participation Agreement and each Implementation Agreement, the Borrower shall cause the State, under contractual arrangements satisfactory to the Bank, to perform in accordance with the provisions of the Project Agreement, all the respective obligations of the State therein set forth, shall shall: (i) take or cause to be taken all action, including the provision of funds, facilities, services and other resources, action necessary or appropriate to enable MEF, CGE, AME and the State Implementing Agencies to perform its obligations, and shall carry out the Project; and (ii) not take or permit to be taken any action which would prevent or interfere with such performancethe carrying out of the Project by MEF, CGE, AME and the Implementing Agencies. (c) Without limitation or restriction to its obligations under paragraph the provisions of paragraph (a) above, the Borrower shall: (ithrough MEF) take all action as shall be required to regulate, in a manner satisfactory to the Bank, the funding procedures which will ensure that the Executing Entities shall have the funds required for carrying carry out the Project available to them in a timely manner; and (ii) provide or cause SUDENE to provide advances in Cruzeiros into: (A) an account opened and operated by EMBRAPA; and (B) an account opened and operated by the State, as referred to in Section 2.01 (h) of the Project Agreement; all in a timely manner and in sufficient amounts for the purpose of financing the activities under Part H of the Project and under the State Project, respectively, as provided in each POA. (d) The Borrower shall make the proceeds of the Loan allocated respectively: (i) for purposes of the State Project available to the State; and (ii) for Part H of the Project available to EMBRAPA; under arrangements satisfactory to the Bank. (e) The Borrower, through DTN, shall enter into agreements, satisfactory to the Bank, with each of the Participating Banks, providing for the Participating Bank to: (A) on-lend the proceeds of the Loan allocated for purposes of the credit programs included in Parts D and I of the Project in accordance with: Agreement; and 1. the terms and conditions set forth in Schedule 5 to this 2. to the extent that they are compatible with the provisions Project Implementation Plan. If any provision of Schedule 5 to the Project Implementation Plan is inconsistent with a provision of this Agreement, the lending policies and procedures set forth in the MCR applicable to the Program; (B) allocate on a priority basis, adequate funds for the financing of working capital (custeio) needs of the Beneficiaries; (C) maintain separate accounts and records adequate to record and monitor the progress of the credit programs under Parts D and I of the Project; (D) undertake to provide monthly information to SUDENE and CAR, on credit availability (including working capital credit), the demand for working capital credit and for credit under Part I of the Project and the preceding month’s lending performance of the Participating Bank in the area where Sub-projects are carried out; (E) furnish to the Bank, through DTN, at regular intervals, all such information as the Bank shall reasonably request concerning the performance of the Participating Bank in the carrying out of the credit program included in Part I of the Project, the Subloans, the Beneficiaries, the expenditure of the proceeds of the Loan, the goods and services financed out of such proceeds and the repayment performance of Beneficiaries; and (F) exercise its rights in relation to each Subproject in such manner as to: (i) protect the interest of the Bank and the Borrower; (ii) enable the Borrower to comply with its obligations under this Agreement; and (iii) achieve the purposes of the Project. (f) Unless the Bank shall otherwise agree, the Borrower shall not amend, abrogate or waive the provisions of the MCR applicable to the Program. (g) Without limitation to its other obligations under this Section, the Borrower Agreement shall provide the funds necessary to finance the costs of any subsidies related to the terms of onlending referred to in paragraph (e) above, such funds to be allocated for such purpose from the federal budget (Orcamento da Uniao). (h) the Borrower shall: (i) cause EMBRAPA to enter into an agreement with SUDENE, on terms and conditions satisfactory to the Bank, not later than six months after the date of the Amending Agreement, such agreement to define the respective responsibility of SUDENE and EMBRAPA regarding Part H of the Project and except as the Bank shall otherwise agree, cause SUDENE and EMBRAPA not to amend, abrogate, waive or fail to enforce any provision of such agreement. (i) The Borrower shall, by not later than June 30, 1993, review, together with the Bank and SUDENE, the Program, in accordance with terms of reference satisfactory to the Bank, and shall, immediately thereafter, if recommended by such review, amend the Program, taking into account such recommendationsgovern. Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods, works goods and consultants’ services required for the carrying out of the Project assigned to EMBRAPA and to be financed out of the proceeds of the Loan shall be made in accordance with governed by the provisions of Schedule 2 4 to the Project this Agreement. (a) The Borrower shall: (through MEF) shall enter into agreements with each Implementing Agency, under terms and conditions satisfactory to the Bank, such agreements to provide for MEF’s overall coordination of the implementation of Parts A through C of the Project, including, inter alia: (i) MEF's obligation to take all actions necessary or appropriate to enable each such Implementing Agency to participate in the implementation of the Project; and (ii) the obligation of each such Implementing Agency to: (A) operate, maintain, insure and repair, in accordance with appropriate technical and insurance standards, the goods financed out of the proceeds of the Loan; and (B) adequately train the personnel assigned to the implementation of the Project. (b) The Borrower (through MEF) shall enter into an agreement with CGE, under terms and conditions satisfactory to the Bank, such agreement to provide the rules and procedures for CGE’s cooperation in the implementation of Part D of the Project. (c) The Borrower (through MEF) shall enter into an agreement with AME, under terms and conditions satisfactory to the Bank, such agreement to provide the rules and procedures for AME’s cooperation in the implementation of Part B.2 of the Project. (d) The Borrower (through MEF) shall exercise its rights and carry out its obligations under each Implementation Agreement, the CGE Participation Agreement and the AME Participation Agreement in such a manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan and, except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, waive or fail to enforce any Implementation Agreement, the CGE Participation Agreement or the AME Participation Agreement or any provision thereof. (a) The Borrower shall maintain, at all times during the execution of the Project, PIU with structure and responsibilities satisfactory to the Bank, including the following responsibilities: (i) overall Project financial management, comprising records, accounts, audits and reports; (ii) procurement of the goods and services to be financed out of the proceeds of the Loan; (iii) monitoring of the performance of the Implementing Agencies pursuant to the Implementation Agreements; and (iv) coordinating with CGE and AME the implementation of Parts D and B.2 of the Project, respectively. (b) The Borrower shall ensure that PIU is staffed at all times during the execution of the Project by professional staff with experience and qualifications satisfactory to the Bank, operating under terms of reference satisfactory to the Bank, selected in accordance with competitive and transparent procedures satisfactory to the Bank, all as prescribed in the Operational Manual. (a) The Borrower shall carry out the Project in accordance with an operational manual, satisfactory to the Bank, said manual to provide regulations for the coordination of Project implementation, including: (i) detailed disbursement, accounting, auditing and reporting procedures; (ii) specific procurement responsibilities, processes and internal controls; (iii) precise monitoring and evaluation plans for the Project; and (iv) effective mechanisms for dissemination of information related to the Project. (b) If any provision of the Operational Manual is inconsistent with a provision of this Agreement, the provisions of this Agreement shall govern. (a) The Borrower, through MEF, shall: (i) not later than October 31 of each year, furnish to the Bank by October 31 in each yearBank, for its review and commentapproval, an annual work plan for the following calendar year prepared in consultation with CGE (in respect of Part D of the Project) and AME (in respect of Part B.2 of the Project), such plan to specify: (A) the activities to be financed out of the proceeds of the Loan during such calendar year; and (B) the required financial and human resources; and (ii) upon the Bank’s approval, carry out such Annual Work Plan in accordance with its terms. (b) The Bank may refrain from approving any Annual Work Plan if, inter alia, the proposed POA Bank has determined that the Borrower is not carrying out the Project as provided in this Agreement and budget no appropriate remedial actions, satisfactory to the Bank, have been taken therefor. Section 3.07. With regard to Part D of the Project, the Borrower (through MEF) shall enter into an agreement with a private audit firm, under terms and conditions satisfactory to the Bank, for the provision of on-the-job training on computer-assisted auditing techniques. Section 3.08. The Borrower, through MEF, shall: (a) not later than one hundred and twenty (120) days after the Effective Date, complete a baseline survey on the status of SIGEF in the Implementing Agencies (including user satisfaction indicators), such baseline survey to be conducted with the assistance of independent consultants of experience and qualifications satisfactory to the Bank, operating under terms of reference satisfactory to the Bank; (b) not later than November 30th of each year of Project implementation, starting in 2004, conduct periodic updates of the survey referred to in paragraph (a) above, such updates also to be conducted with the assistance of independent consultants of experience and qualifications satisfactory to the Bank, operating under terms of reference satisfactory to the Bank; (c) not later than thirty (30) days after the completion of the survey and updates referred to in paragraphs (a) and (b) above, furnish to the Bank, for its review and comments, the findings of such survey and updates; and (d) not later than sixty (60) days after the completion of the survey and updates referred to in paragraphs (a) and (b) above, discuss the results of such survey and updates with representatives of the Implementing Agencies, taking into account the Bank’s comments thereon. Section 3.09. The Borrower, through MEF, shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the Performance Indicators, the carrying out of the Project and the achievement of the objectives thereof; and (b) not later than July 31 and January 31 of each year of Project implementation, starting in 2004, furnish to the Bank progress reports on the execution of the Project during the preceding calendar semester, of such scope and in such detail as the Bank may reasonably request. Section 3.10. The Borrower, through MEF, shall: (a) not later than August 31 and February 28 of each year of Project implementation, starting in 2004, hold a Project semi-annual review with the Bank, such review to be based on the reports referred to in Section 3.08 (b) of this Agreement; (b) not later than August 31, 2005 hold a Project mid-term review to evaluate overall progress in the implementation of the Project and in the achievement of its objectives; and (c) if, as a result of any of the above reviews, the Bank shall have reasonably determined that the progress in the implementation of the Project or in the achievement of its objectives is not satisfactory, promptly take or cause to be taken all such remedial action, satisfactory to the Bank, as shall be necessary for the Northeast Rural Development Program efficient implementation of the Project or the timely achievement of its objectives. Section 3.11. For the purposes of the sustainability of the Project, the Borrower (through MEF) shall: (a) not later than one (1) year after the Effective Date, furnish to the Bank, for its review and approval, a proposed overall sustainability plan for Project activities, including the transfer of the goods and consultants’ reports financed out of the proceeds of the Loan to the line units of MEF that will assume the functions and responsibilities of the PIU; (b) not later than two (2) years after the Effective Date, start the implementation of the sustainability plan referred to in paragraph (a) above, as approved by the Bank; and (c) not later than September 1,2006, complete the implementation of the sustainability plan referred to in paragraph (a) above, and furnish to the Bank evidence (satisfactory to the Bank) about such completion. Section 3.12. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower (through MEF) shall: (a) prepare, on the basis of guidelines acceptable to the Bank, and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan for the following fiscal yearcontinued achievement of Project objectives; and (iib) afford the Bank a reasonable opportunity to comment on any modifications exchange views with the Borrower may intend to introduce to such proposed POA and budget; and (iii) furnish to the Bank by January 1 in each year the administrative regulation approving the POA for the fiscal year which is being initiated on such date and by March 15 in each year the final approved version of such budgetsaid plan. (b) In order to assist the EMBRAPA in carrying out Part H of the Project, the Borrower shall cause EMBRAPA, under contractual arrangements satisfactory to the Bank, to employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank, such consultants to be selected in accordance with principles and procedures satisfactory to the Bank on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the bank in August 1981. Section 3.04. The Bank and the Borrower hereby agree that the obligations set forth in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 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) shall be carried out, or caused to be carried out, by (i) the State in respect of the State Project, and by

Appears in 1 contract

Sources: Loan Agreement