Common use of Independence and Autonomy Clause in Contracts

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-Malawi Senegal 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 procurement and Fiscal Agents, all in compliance with Section 3.6fiscal agents, and (vi) competitively engage one or more auditors to conduct audits of its accounts. The governance of MCA-Malawi Senegal II shall be governed set forth in more detail in the Program Implementation Agreement 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 of MCA-Senegal II (or as otherwise agreed in writing by the Parties). Remuneration for members of the MCA-Senegal II Board of Directors shall be consistent with the MCC Program Guidelines. MCA-Senegal II shall be administered, managed and supported by a board of directors (the “Governing DocumentsBoard of Directors”) and a management unit (which must be in form and substance satisfactory to MCC) and any related MCC policiesthe “Management Unit”).

Independence and Autonomy. MCA-Malawi II Kosovo 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 Kosovo shall be governed and managed by a board of trustees directors (the “TrusteesBoard of Directors”) 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.