Implementation Agreements. 1. For purposes of carrying out any given Subproject, and prior to the carrying out of any of the works or Project activities under the pertinent Subproject, the Borrower, through MPF (through UCPyPFE), shall enter into an agreement (the Participation, Transfer and Maintenance Agreement) with the corresponding Participating Province, under terms and conditions acceptable to the Bank, which shall include, inter alia, those set forth in Schedule 4 to this Agreement. 2. The Borrower, through MPF (through UCPyPFE), shall exercise its rights and carry out its obligations under each Participation, Transfer and Maintenance Agreement in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, terminate, waive or fail to enforce any Participation, Transfer and Maintenance Agreement or any of its provisions. 3. Without limitation to the provisions of the General Conditions, the Bank, the Borrower and/or the relevant Participating Province shall, from time to time, at the request of any of them, exchange views so as to enable the Bank to determine continued compliance by the relevant WSS Service Provider in meeting the corresponding eligibility criteria to participate in the Project, as this criteria is further detailed in the Operational Manual. Said criteria shall include, in respect of WSS Service Providers which participate or benefit from the Project, the presentation to the Bank of acceptable evidence that ensure the provision of water and sanitation services by the relevant WSS Service Provider in a context of: (a) a legal framework which will enable said WSS Service Provider to provide said services in case the Subproject is carried out by the Borrower or a Participating Province; and (b) an economic/financial sustainability of said Subproject.
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Sources: Loan Agreement, Loan Agreement