Independence and Autonomy Clause Samples
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Independence and Autonomy. The Government shall take all appropriate actions to carry out its responsibilities in connection with this Agreement and the Program. To do so, the Government has designated the Accountable Entity pursuant to Section 3.2(b) to exercise and perform the Government’s rights and obligations to oversee and implement the Program. The Accountable Entity shall have operational and legal independence, including, inter alia, the ability to (1) enter into contracts in its own name; (2) sue and be sued; (3) establish a bank account in its own name; (4) expend Grant funding; and (5) engage contractors, consultants, and grantees. The internal operations of the Accountable Entity shall be governed by the terms and conditions of this Agreement, any related MCC policies, and the Governing Documents, which shall include bylaws providing further details on the Accountable Entity’s internal operations. The bylaws must be in form and substance satisfactory to MCC. The Accountable Entity shall be administered and managed by a board of directors (the “Board”) and a management unit (the “Management Unit”).
Independence and Autonomy. MCA-Malawi II shall have operational and legal independence and full decision-making autonomy, including, inter alia, the ability, without consultation with, or the consent or approval of, any other party, to: (i) enter into contracts in its own name, (ii) sue and be sued, (iii) establish bank accounts with a financial institution in its own name and hold MCC Funding and the Government Contribution in those accounts, (iv) expend MCC Funding and the Government Contribution, (v) engage contractors, consultants and/or grantees, including, without limitation, Procurement Agents and Fiscal Agents, all in compliance with Section 3.6, and (vi) competitively engage one or more auditors to conduct audits of its accounts. MCA-Malawi II shall be governed and managed by a board of trustees (the “Trustees”) and operations unit (the “Operations Unit”), in accordance with the terms of its constitutive documents and internal regulations (the “Governing Documents”) (which must be in form and substance satisfactory to MCC) and any related MCC policies.
Independence and Autonomy. MCA-Indonesia II shall have operational and legal independence and full decision-making autonomy, including, inter alia, the ability, without any obligation to consult in every instance with, or obtain the consent or approval of, any other party, to: (i) enter into contracts in its own name, (ii) sue and be sued, (iii) establish bank accounts with financial institutions in its own name and hold MCC Funding and the Government Contribution in those accounts, (iv) expend MCC Funding and the Government Contribution, (v) engage contractors, consultants and/or grantees, including, without limitation, procurement and fiscal agents, and (vi) competitively engage one or more auditors to conduct audits of its accounts. The governance of MCA- Indonesia II shall be set forth in more detail in the constitutive documents and internal regulations of MCA-Indonesia II which must be in form and substance satisfactory to MCC and in accordance with any related MCC policies. MCA-Indonesia II shall be governed and managed by a board of trustees (the “Board of Trustees”) and an operations unit (the “Operations Unit”).
Independence and Autonomy. MCA-Burkina Faso II shall have operational and legal independence and full decision-making autonomy, including, inter alia, the ability, without consultation with, or the consent or approval of, any other party, to: (i) enter into contracts in its own name, (ii) ▇▇▇ and be sued, (iii) establish bank accounts with a financial institution in its own name and hold MCC Funding and the Government Contribution in those accounts, (iv) expend MCC Funding and the Government Contribution, (v) engage contractors, consultants and/or grantees, including, without limitation, procurement and fiscal agents, and (vi) competitively engage one or more auditors to conduct audits of its accounts. The governance of MCA-Burkina Faso II shall be set forth in more detail in the Program Implementation Agreement and the constitutive documents and internal regulations of MCA-Burkina Faso II (or as otherwise agreed in writing by the Parties). Remuneration for members of the MCA-Burkina Faso II Board of Directors shall be consistent with the MCC Program Guidelines. MCA-Burkina Faso II shall be administered, managed and supported by a board of directors (the “Board of Directors”) and a management unit (the “Management Unit”).
Independence and Autonomy. MCA-Mongolia shall have operational and legal independence and full decision-making autonomy, including, inter alia, the ability, without consultation with, or the consent or approval of, any other party, to: (i) enter into contracts in its own name, (ii) ▇▇▇ and be sued, (iii) establish an account with a financial institution in its own name and hold MCC Funding in that account,
Independence and Autonomy. MCA-Timor-Leste shall have operational and legal independence and full decision-making autonomy, including, inter alia, the ability, without consultation with, or the consent or approval of, any other party, to: (i) enter into contracts in its own name, (ii) sue and be sued, (iii) establish bank accounts with a financial institution in its own name and hold MCC Funding and the WSD Contribution in those accounts, (iv) expend MCC Funding and the WSD Contribution, (v) engage contractors, consultants and/or grantees, including, without limitation, procurement and fiscal agents, all in compliance with Section 3.6, and (vi) competitively engage one or more auditors of its accounts. In addition, any acts, contracts, and further documentation and procedures undertaken by MCA-Timor-Leste will not be subject to the preliminary supervisory power established in articles 30.º to 34.º of the Law 9/2011 of 17 August (with the amendments introduced by Law 3/2013), on the Câmara de Contas do Tribunal Superior Administrativo, Fiscal e de Contas (Timor-Leste’s Audit Court). Therefore, it is clear between the Parties that any such acts carried out by MCA-Timor-Leste using MCC Funding or the WSD Contribution, as well as the effect thereby produced are not, in any circumstances, and regardless of their value, subject to any type of approval or review by the Câmara de Contas do Tribunal Superior Administrativo, Fiscal e de Contas.
Independence and Autonomy. BIOCARBON acts with technical, financial, managerial, and administrative autonomy, and by using its own personnel, there is, consequently, full independence between the Parties. The CAB does not establish any type of link with the natural or legal persons that BIOCARBON may use in the development of the objective of this contract. Likewise, no commercial link is generated between BIOCARBON and the CAB other than that agreed upon here, and therefore, neither constitutes a partner or shareholder of the other, nor its legal, general, or special representative, nor its commercial agent, nor is a de facto partnership constituted between them. Furthermore, neither Party shall have the authority to assume or create obligations on behalf of the other, and, in addition, no Party may take any action that has the effect of creating the appearance of being authorized to represent the other. As a result of the foregoing, each Party shall hold the other harmless for any personal and individua liability that may arise from third parties as a result of the actions of its dependents or personnel hired and under its supervision, or for the things it serves or has under control of said dependent personnel hired.