Common use of Management Contract Clause in Contracts

Management Contract. 1. The Project Implementing Entity shall, no later than eight months from the Effective Date, enter into, and thereafter maintain at all times during the implementation of the Project, the Management Contract under terms and conditions satisfactory to the Association, including, inter alia: (a) a detailed description of the services to be rendered by the Private Operator, including the proposed schedule for carrying out its mission, as well as technical standards to be complied with; (b) a detailed description of the financing mechanisms made available to the Project Implementing Entity, including this Financing, and the resulting fiduciary or other requirements and obligations undertaken by the Project Implementing Entity; (c) a detailed list of objectives to be attained, along with expected achievement dates and performance indicators; (d) a detailed description of personnel to be provided by the Private Operator, together with the required qualifications and experience, and to include the following: the general manager, the technical director, the financial director, the commercial director and the human resources director; (e) a detailed description of: (i) the corporate structure within the Project Implementing Entity, including the composition of the board of directors; (ii) the corporate powers granted to, and mandates to be exercised by, the Private Operator; and (iii) the decision process, and the implementation arrangements including communication channels with the Management Contract Oversight Committee; (f) a list of deliverables and report or strategies to be delivered by the Project Implementing Entity, including: (i) the submission, no later than six months after the signing of the Management Contract, of an assessment of all key indicators (baseline and target values) to which the Private Operator shall be accountable for and to be audited by the Performance Auditors; (ii) the production of financial statements; and (iii) the production of regular progress reports; (g) the main respective rights and obligations of the Recipient and of the Project Implementing Entity in connection with the management of the urban water sector in the Recipient’s territory; (h) at least the two following annexes: the Performance Contract and the Cahier des Charges; (i) provisions with respect to any change of laws or regulations and its effects over the Management Contract, including in connection with the transformation of the Project Implementing Entity into a private sector corporation operating on a commercial basis, and the obligation for the Recipient, in consultation with the Private Operator and the Association, to promptly take and, as the case may be, cause to be taken by the Project Implementing Entity, all necessary governmental and corporate actions to allow for the attainment of the objectives of the Project and of the Management Contract; and (j) provisions with respect to the recruitment of the Performance Auditors and provisions with respect to periodic review of the performance of Private Operator. 2. Within six weeks from the date of signing of the Management Contract, the Project Implementing Entity shall have proceeded with any corporate nominations prescribed by the applicable laws, including, any representative from the Private Operator pursuant to the Management Contract. 3. Unless otherwise agreed in writing with the Association, the Project Implementing Entity shall not, at any time during the Implementation of the Project, amend, suspend, abrogate, repeal or waive or transfer the Management Contract.

Management Contract. 1. The Project Implementing Entity shall, no No later than eight months from the Effective Date, the Recipient shall: (a) with support of COPIREP carry out the recruitment of the Private Operator in accordance with the provisions of Section III of the Schedule to the Project Agreement; and (b) enter into and cause the Project Implementing Entity to enter into, and thereafter maintain at all times during the implementation of the Project, the Management Contract under terms and conditions satisfactory to the Association, including, inter alia: (a) a detailed description of the services to be rendered by the Private Operator, including the proposed schedule for carrying out its mission, as well as technical standards to be complied with; (b) a detailed description of the financing mechanisms made available to the Project Implementing Entity, including this Financing, and the resulting fiduciary or other requirements and obligations undertaken by the Project Implementing Entity; (c) a detailed list of objectives to be attained, along with expected achievement dates and performance indicators; (d) a detailed description of personnel to be provided by the Private Operator, together with the required qualifications and experience, and to include the following: the general manager, the technical director, the financial director, the commercial director and the human resources director; (e) in order to permit the Private Operator to perform its functions under the Management Contract, a detailed description of: (i) the current corporate structure within the Project Implementing Entity, including the composition of the board of directors; (ii) the corporate powers granted to, and mandates the authorities and responsibilities to be exercised by, the Private Operator; and (iii) the decision process, and the implementation arrangements including communication channels with the Management Contract Oversight Committee; (f) a list of deliverables and report or strategies to be delivered by the Project Implementing Entity, including: (i) the submission, no later than six months after the signing of the Management Contract, of an assessment of all key indicators (baseline and target values) to which the Private Operator shall be accountable for and to be audited by the Performance Auditors; (ii) the production of financial statements; and (iii) the production of regular progress reports; (g) the main respective rights and obligations of the Recipient and of the Project Implementing Entity in connection with the management of the urban water sector in the Recipient’s territory; (h) at least the two following annexes: the Performance Contract and the Cahier des Charges; (i) provisions with respect to any change of laws or regulations and its effects over the Management Contract, including in connection with the transformation of the Project Implementing Entity into a private sector corporation operating on a commercial basis, and the obligation for the Recipient, in consultation with the Private Operator and the Association, to promptly take and, as the case may be, cause to be taken by the Project Implementing Entity, all necessary governmental and corporate actions to allow for the attainment of the objectives of the Project and of the Management Contract; and (j) provisions with respect to the recruitment of the Performance Auditors and provisions with respect to periodic review of the performance of Private Operator. 2. Within six weeks from the date of signing of the Management Contract, the Project Implementing Entity shall have proceeded with any corporate nominations prescribed by the applicable laws, including, any representative from the Private Operator pursuant to the Management Contract. 3. Unless otherwise agreed in writing with the Association, the Project Implementing Entity shall not, at any time during the Implementation of the Project, amend, suspend, abrogate, repeal or waive or transfer the Management Contract.