Common use of Institutional and Other Arrangements Clause in Contracts

Institutional and Other Arrangements. 1. The Borrower shall operate and maintain within the MOE, at all times during Project implementation, a unit (CMU) with structure, functions and responsibilities acceptable to the Bank, including, inter alia, the responsibility to assist the Borrower in: (a) procurement, disbursement and financial management aspects of the Project, including fiduciary reporting; (b) coordination, monitoring and supervision of the Project; and (c) development and execution of the Annual Work Program. 2. The Borrower shall establish and thereafter maintain, throughout the implementation of the Project, a Programme Management Steering Committee (PMSC), in charge of overseeing the management of the Education Transformation Capacity Building Programme and providing strategic guidance for the implementation of the ETCBP. 3. The EEPs shall comply with the eligibility criteria and procedures set forth in the Programme Operations Manual. 4. The Borrower shall furnish to the Bank every six months after the Effective Date, regular reports (the Project Reports and the Interim Unaudited Financial Reports) prepared in accordance with the provisions of the Programme Operations Manual and the additional instructions referred to in Section IV.A.1 of this Schedule. 5. If, at any time, the Bank determines that any portion of the Loan proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Programme Operations Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower. 6. The Borrower and the Bank will jointly review, each year through the Annual Work Programme, the amounts detailed in Section IV(i) (Withdrawal Application Schedule) of the additional instructions referred to in Section IV.A.1 of Schedule 2 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Borrower and the Bank. 7. The Borrower and the Bank may jointly review, by mid-term, the DLTs referred to in Schedule 4 of this Agreement and adjust as necessary, in a manner satisfactory to the Borrower and the Bank.

Institutional and Other Arrangements. 1. The Borrower CVDB shall operate implement Parts B and maintain within the MOE, at all times during Project implementation, a unit (CMU) with structure, functions and responsibilities acceptable to the Bank, including, inter alia, the responsibility to assist the Borrower in: (a) procurement, disbursement and financial management aspects C of the Project, including fiduciary reporting; (b) coordination, monitoring and supervision of the Project; and (c) development and execution of the Annual Work Program. 2. The Borrower shall establish and thereafter maintain, throughout the implementation of the Project, a Programme Management Steering Committee (PMSC), in charge of overseeing the management of the Education Transformation Capacity Building Programme and providing strategic guidance for the implementation of the ETCBP. 3. The EEPs shall comply with the eligibility criteria and procedures set forth in the Programme Operations Manual. 4. The Borrower shall furnish to the Bank every six months after the Effective Date, regular reports (the Project Reports and the Interim Unaudited Financial Reports) prepared in accordance with the provisions of the Programme Operations Operational Manual and the additional instructions referred to in Section IV.A.1 of this Schedule. 5Environmental Management Plan. If, at any time, Except as the Bank determines that shall otherwise agree, CVDB shall not amend or waive any portion provision of the Loan proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures orOperational Manual or the Environmental Management Plan if, in case the opinion of the Eligible Expenditure Programs Bank, such amendment or waiver may materially and adversely affect the carrying out of the Project or the achievement of the objectives thereof. CVDB shall maintain its planning and development department with functions, staffing and resources satisfactory to the Bank including responsibilities for inter alia: (i) monitoring and overseeing implementation of Parts B and C of the Project including implementation of PBBG Sub-Projects; (ii) co-ordination with MOMA; (iii) procurement; (iv) financial management including maintenance of accounting records and disbursement; (v) Project reporting; and (vi) monitoring and evaluation. For purposes of carrying out Part 1 B of the Project, was not supported by evidence CVDB shall enter into a multi-partite municipal compact agreement with each Beneficiary Municipality, MoMA, and any other relevant authority including the Water Authority of actual spending Jordan in cases of PBBG Sub-Projects related to water and wastewater networks, in form and substance satisfactory to the Bank, setting out inter alia: the detailed duties and responsibilities of the Beneficiary Municipality and other parties during implementation of the municipal compact agreement; terms and conditions of use of the PBBGs; implementation time-frame, performance monitoring indicators and targets to measure performance of the Beneficiary Municipality; commitment to by the Borrower under said Eligible Expenditure Programs and/or Beneficiary Municipality to a time-bond infrastructure program agreement, inclusive of an asset management plan; financial and maintenance requirements and management efforts to be fulfilled by evidence the Beneficiary Municipality including the requirement to prepare records, accounts and financial statements in connection with Project activities for each fiscal year and to have such accounts audited annually in accordance with auditing standards acceptable to the Bank, consistently applied, by independent auditors acceptable to the Bank, and to submit certified copies of satisfaction the financial statements together with an auditors opinion thereon to the Bank within six months of other criteria the end of the fiscal year; an obligation to provide to the Bank such information in respect of the carrying out of PBBGs as the Bank may from time to time reasonably request; an obligation to allow the Bank access to all books of account and records relating to PBBGs, and to allow the Bank the right to inspect any PBBG Sub-Project; that the proceeds of each PBBG will be used for the purposes of the Project; and an obligation to follow the procedures set forth in this Agreement or the Operational Manual and the Environmental Management Plan to the extent and in each case that these are applicable to a PBBG Sub-Project. CVDB shall identify and select Beneficiary Municipalities to implement PBBG Sub-Projects to be financed by the proceeds of the PBBGs under Part B of the Project, in accordance with eligibility criteria and procedures set out in the Programme Operations Operational Manual, . CVDB shall prepare a multi-year business plan which shall include provisions to increase its revenue and improve the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrowersustainability of its operations. 6. The Borrower and the Bank will jointly review, each year through the Annual Work Programme, the amounts detailed in Section IV(i) (Withdrawal Application Schedule) of the additional instructions referred to in Section IV.A.1 of Schedule 2 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Borrower and the Bank. 7. The Borrower and the Bank may jointly review, by mid-term, the DLTs referred to in Schedule 4 of this Agreement and adjust as necessary, in a manner satisfactory to the Borrower and the Bank.

Institutional and Other Arrangements. 1. A. The Borrower Borrower, through MESD, shall operate assign the responsibility for overall oversight of the Project to the Inter-Ministerial Committee for Application of the Nitrates Directive (ICA), and shall maintain within the MOE, at all times said Committee during Project implementation. (i) The Borrower, a unit (CMU) through MESD, shall maintain the PMU during Project implementation with structure, functions adequate staffing and responsibilities acceptable resources satisfactory to the Bank, and the PMU shall have overall responsibility for day to day implementation and management of the Project, including, inter alia, the responsibility to assist the Borrower inbut not limited to: (a) procurement, disbursement preparation of semi-annual work programs and financial management aspects of the Project, including fiduciary reportingimplementation plans for Project implementation; (b) coordination, monitoring preparation of bidding and supervision of contract documents under the Project; and (c) development and execution maintenance of the Annual Work Program. 2. The Borrower shall establish Project financial records and thereafter maintain, throughout the implementation of the Project, a Programme Management Steering Committee (PMSC), in charge of overseeing the management of the Education Transformation Capacity Building Programme accounts and providing strategic guidance arranging for the implementation audit thereof; (d) preparation of the ETCBP. 3. The EEPs shall comply with the eligibility criteria and procedures set forth in the Programme Operations Manual. 4. The Borrower shall furnish to the Bank every six months after the Effective Date, regular reports (the Project Reports and the Interim Unaudited Financial Reports) prepared in accordance with the provisions of the Programme Operations Manual and the additional instructions referred to in Section IV.A.1 II.A of this Schedule; and (e) supervision of progress of Project implementation. 5. If, at any time(ii) Not later than three (3) months after the Effectiveness Deadline, the Bank determines that any portion Borrower, through MESD, shall hire, in addition to the key staff of the Loan proceeds was used PMU, such specialists as required for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case effective implementation of the Eligible Expenditure Programs of Part 1 of the Project, was not supported Project and as shall be reasonably determined by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Programme Operations Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower. 6. The Borrower and the Bank will jointly review, each year through the Annual Work Programme, the amounts detailed in Section IV(i) (Withdrawal Application Schedule) of the additional instructions referred to in Section IV.A.1 of Schedule 2 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Borrower and the Bank. 7C. Not later than February 1, 2008, the Borrower, through the MESD, shall cause the first six (6) selected Water Basin Directorates to hire one or two staff to work on Project implementation at the regional level, in coordination with the PMU. Within the next six months, the remaining Water Basin Directorates shall hire one or two staff to work on Project implementation at the regional level, in coordination with the PMU. D. The Borrower Borrower, through MESD, shall: (i) take all necessary measures to implement the Project in accordance with the Operational Manual and the Bank may jointly reviewEMP, by mid-termand shall not amend, suspend, abrogate, repeal or waive any provisions of the DLTs Operational Manual and the EMP without prior approval of the Bank; (ii) ensure that all measures necessary under the EMP are carried out in a timely manner; and (iii) ensure that adequate information on the implementation of the EMP is suitably included in the Project Reports referred to in Schedule 4 Section II.A of this Agreement Schedule. E. The Borrower shall ensure that appropriate budget allocations are made available yearly for the Project implementation purposes, throughout the Project life. F. For the purposes of implementation of Part I of the Project, the Borrower, through MESD and adjust as necessaryPMU, shall: select the Beneficiaries and Sub-projects based on the selection criteria set forth in a manner the Operational Manual; provide funds from the Loan proceeds to selected Beneficiaries for eligible Sub-projects on terms and conditions satisfactory to the Borrower Bank; enter into contractual arrangements with Beneficiaries for provision of funds for Sub-projects which shall set forth the terms and conditions for these funds, cost-sharing arrangements, environmental requirements and implementation arrangements; and ensure that Sub-projects shall be implemented in accordance with the Operational Manual and the BankEMP.

Institutional and Other Arrangements. 1. Without limitation upon the provisions of Section 2.02 above: (a) The Borrower shall operate Recipient shall, throughout the Refinancing Date, cause WAHO to maintain the Regional-PIU with structure and maintain within the MOE, at all times during Project implementation, a unit (CMU) with structure, functions and responsibilities acceptable to the Bank, includingand with competent staff in adequate numbers and with terms of reference, inter aliaqualifications and experience satisfactory to the Bank, to be responsible for the responsibility to assist the Borrower in: (a) procurement, disbursement overall day-to-day management and financial management fiduciary aspects of the Project, including fiduciary reporting; (b) coordination, monitoring and supervision of the Project; and (c) development and execution of the Annual Work Program. 2. The Borrower shall establish and thereafter maintain, throughout the implementation of the ProjectActivities, including financial management and procurement. (b) The Recipient shall make part of the proceeds of the Advance available to WAHO on a Programme Management Steering Committee grant basis under a subsidiary agreement between the Recipient and WAHO, in accordance with terms and conditions approved by the Bank (PMSC“Subsidiary Agreement”), including terms whereby WAHO shall be required to: (i) carry out the Activities with due diligence and efficiency and in charge of overseeing the management of the Education Transformation Capacity Building Programme accordance with sound technical, economic, financial, managerial, environmental and providing strategic guidance for the implementation of the ETCBP. 3. The EEPs shall comply with the eligibility criteria social standards and procedures set forth in the Programme Operations Manual. 4. The Borrower shall furnish practices satisfactory to the Bank every six months after the Effective DateBank, regular reports (the Project Reports and the Interim Unaudited Financial Reports) prepared including in accordance with the provisions of the Programme Operations Manual Anti-Corruption Guidelines; (ii) provide, promptly as needed, the resources required for the purpose; (iii) procure the goods and services to be financed out of the Advance in accordance with the provisions of this Agreement; (iv) maintain policies and procedures adequate to enable it to monitor and evaluate in accordance with indicators acceptable to the Bank, the progress of the Activities and the additional instructions referred achievement of their objectives; (v) (A) maintain a financial management system and prepare financial statements in accordance with consistently applied accounting standards acceptable to the Bank, both in Section IV.A.1 of this Schedule. 5. Ifa manner adequate to reflect the operations, resources and expenditures related to the Activities; and (B) at any timethe Bank’s or the Recipient’s request, have such financial statements audited by independent auditors acceptable to the Bank, in accordance with consistently applied auditing standards acceptable to the Bank, and promptly furnish the statements as so audited to the Recipient and the Bank; (vi) enable the Recipient and the Bank determines that to inspect the Activities, their operation and any portion of the Loan proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Programme Operations Manual, the Borrower shall promptly refund any such portion relevant records and documents; and (vii) prepare and furnish to the Recipient and the Bank all such information as the Recipient or the Bank shall specify by notice reasonably request relating to the Borrowerforegoing. 6. The Borrower and (c) Notwithstanding the Bank will jointly reviewforegoing, each year through in the Annual Work Programme, event of a conflict among the amounts detailed in Section IV(i) (Withdrawal Application Schedule) provisions of the additional instructions referred to in Section IV.A.1 Subsidiary Agreement and those of Schedule 2 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Borrower and the Bank. 7. The Borrower and the Bank may jointly review, by mid-term, the DLTs referred to in Schedule 4 provisions of this Agreement and adjust as necessary, in a manner satisfactory to the Borrower and the Bankshall prevail.