Common use of Other Conditions Precedent Clause in Contracts

Other Conditions Precedent. MCC has determined in its discretion that: (i) all applicable conditions precedent in Annex II have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall not violate any applicable law or regulation; (iv) the Implementation Plan Documents are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (v) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vi) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (vii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viii) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ix) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (x) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xi) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xii) MCA-Kosovo has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E Plan; and (xiii) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II Schedule 2 have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo Nepal or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan and Social and Gender Integration Plan for the Program, relevant Project or Activity and substantial compliance with the requirements of the M&E Plan and Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing EntitiesProject Partners, are coordinating successfully with MCA-Kosovo Nepal and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff Officers remains engaged, or if a position is vacant, MCA- Kosovo Nepal is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xiixiii) MCA-Kosovo Nepal has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) 2.3 with respect to the establishment of an M&E Plan; and (xiiixiv) The the Government has complied in all material respects with its obligations set forth in Section 2.9 2.13 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex IIISchedule 3, and the implementation structure set forth in Schedule 4. Authorized Expenditures. Except as MCC agrees otherwise in writing, a Disbursement or financial commitment involving MCC Funding may be made, and a Disbursement Request may be submitted, only if the related expense is provided for in the Detailed Financial Plan and sufficient uncommitted funds exist in the Detailed Financial Plan for the relevant period.

Other Conditions Precedent. MCC has determined in its discretion that: (i) all applicable conditions precedent in Annex II have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo Niger or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall not violate any applicable law or regulation; (iv) the Implementation Plan Documents are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (v) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo Niger and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vi) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (vii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viii) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments payments, or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ix) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (x) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xi) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo Niger is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xii) MCA-Kosovo Niger has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E Plan; and (xiii) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III▇▇▇▇▇ ▇▇▇.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II 2 have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo El Salvador or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan and Social and Gender Integration Plan for the Program, relevant Project or Activity and substantial compliance with the requirements of the M&E Plan and Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo El Salvador and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff Officers remains engaged, or if a position is vacant, MCA- Kosovo MCA-El Salvador is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xiixiii) MCA-Kosovo El Salvador has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) 2.3 with respect to the establishment of an M&E Plan; and (xiiixiv) The Government has complied in all material respects with its obligations set forth in Section 2.9 2.13 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III3.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all any applicable conditions precedent in Annex II have been duly satisfied, deferred or waived as provided in pursuant to the terms of this Agreement; (ii) the Government’s representations set forth in Section 3.1 are true and correct on and as of the date of such Disbursement Request as though made on and as of such date; (iii) no material default or breach of any covenantresponsibility, covenant or obligation or responsibility by the Government, MCA-Kosovo the Accountable Entity or any other Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreementrelated agreement or document; (iiiiv) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (ivv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (vi) there has been progress satisfactory to MCC on the M&E Plan (including the targets set forth therein, any related baseline data collection requirements set forth therein and or any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (v) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with this Agreement and the Compact and Audit Plan, Plan for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding Grant funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viii) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement;2.5; and (ix) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (x) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xi) each of the Key Staff Officers remains engaged, or if a position is vacant, MCA- Kosovo the Government is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xii) MCA-Kosovo has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E Plan; and (xiii) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II Schedule 2 have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo Jordan or any Government entity has occurred and is continuing under this Agreement, the Compact, this Agreement Compact or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan and Social and Gender Integration Plan for the Program, relevant Project or Activity and substantial compliance with the requirements of the M&E Plan and Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo Jordan and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff Officers remains engaged, or if a position is vacant, MCA- Kosovo Jordan is actively engaged, to MCC’s satisfaction, in recruiting a replacement;; and (xiixiii) MCA-Kosovo Jordan has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) 2.3 with respect to the establishment of an M&E Plan; and (xiii) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent the Government’s representations set forth in Annex II have been duly satisfied, deferred or waived Section 3.1 of this Agreement are true and correct on and as provided in this Agreementof the date of such Disbursement Request as though made on and as of such date; (ii) no material default or breach of any covenantresponsibility, covenant or obligation or responsibility by the Government, MCA-Kosovo the Accountable Entity or any other Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreementrelated agreement or document; (iii) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan (including the targets Targets set forth therein, any related Baseline data collection requirements set forth therein and or any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (v) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vi) there has been no material negative finding in any financial audit report delivered in accordance with this Agreement and the Compact and Audit Plan, Plan for the prior two quarters 12 months (or such other period as the Audit Plan may require); (vii) in the event that any Taxes are paid with MCC Funding Grant funding through the date ninety (90) days prior to the start of the applicable Disbursement Period Period, such Taxes have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact2.5; (viii) the Government Accountable Entity has satisfied all of sufficient staff to carry out its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ix) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (x) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xi) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xii) MCA-Kosovo has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E Plan; and (xiiiix) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect prior to the making third Disbursement of its contributions the Grant, the Government must have developed and adopted an M&E Plan pursuant to Section 4.2, in accordance with the projected timeline set forth in Annex IIIform and substance acceptable to MCC.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all any applicable conditions precedent in Annex II have been duly satisfied, deferred or waived as provided in pursuant to the terms of this Agreement; (ii) the Government’s representations set forth in Section 3.1 of this Agreement are true and correct on and as of the date of such Disbursement Request as though made on and as of such date; (iii) no material default or breach of any covenantresponsibility, covenant or obligation or responsibility by the Government, MCA-Kosovo the Accountable Entity or any other Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreementrelated agreement or document; (iiiiv) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (ivv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (vi) there has been progress satisfactory to MCC on the M&E Plan (including the targets Targets set forth therein, any related Baseline data collection requirements set forth therein and or any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (v) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with this Agreement and the Compact and Audit Plan, Plan for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding Grant funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viii) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement;2.5; and (ix) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (x) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xi) each of the Key Staff Officers remains engaged, or if a position is vacant, MCA- Kosovo the Government is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xii) MCA-Kosovo has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E Plan; and (xiii) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo Morocco or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan and Social and Gender Integration Plan for the Program, relevant Project or Activity and substantial compliance with the requirements of the M&E Plan and Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo Morocco and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo Morocco is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xiixiii) MCA-Kosovo Morocco has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) 2.3 with respect to the establishment of an M&E Plan; and (xiiixiv) The Government has complied in all material respects with its obligations set forth in Section 2.9 2.13 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III▇▇▇▇▇ ▇▇▇.

Other Conditions Precedent. MCC has determined in its discretion that: (i) all applicable conditions precedent in Annex II have been duly satisfied, deferred deferred, or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation obligation, or responsibility by the Governmentof Zambia, MCA-Kosovo Zambia II, or any Government other government entity has occurred and is continuing under the Compact, this Agreement Agreement, or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall not violate any applicable law or regulation; (iv) MCA-Zambia II has made progress, satisfactory to MCC, on implementing the Projects or Activities for which funding is requested, including progress on each of the Principal Implementation Plan Documents are Plans; (v) the M&E Plan, once adopted, is current and updated and are MCA-Zambia II is in form and substance satisfactory to MCC, and there has been both progress on, and substantial compliance with, with the components requirements of the Implementation M&E Plan for any relevant Projects or Activities related to such Disbursement (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant related Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo Zambia II and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable related Disbursement Period have been reimbursed by the Government Zambia in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government Zambia has satisfied all of its payment obligations, including any insurance, indemnification, tax payments payments, or other obligations, and contributed all resources required from it, under the Compact, this Agreement Agreement, and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in any certificate provided as part of the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate Request is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo Zambia II is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xiixiii) MCA-Kosovo Zambia II has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E PlanBCS; and (xiiixiv) The Government Zambia has complied in all material respects with its obligations set forth in Section 2.9 2.8 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II Schedule 2 to this Agreement have been duly satisfied, deferred deferred, or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by of the Government, MCA-Kosovo Moldova, or any Government entity has occurred and is continuing under this Agreement, the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with MCC Funding being requested by such Disbursement shall Request will not violate any applicable law or regulation; (iv) the Implementation Plan Documents submitted to MCC are current and updated and are in form and substance satisfactory to MCC, and there has been both satisfactory progress on, and compliance with, on the components of the Implementation Plan for any relevant Projects Projects, Activities or sub-Activities related to such Disbursement Disbursement; (v) there has been satisfactory progress on the M&E Plan for the Program, any relevant Project, or any relevant Activity, and substantial compliance with the requirements of the M&E Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (v) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vi) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (vii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) 2.8 of the Compact; (viii) any payment obligation of the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under arising through the Compact, this Agreement and any other Supplemental Agreement; (ix) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (x) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xi) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xii) MCA-Kosovo has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E Plan; and (xiii) The Government has complied in all material respects with its obligations set forth in Section 2.9 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex III.date thirty

Other Conditions Precedent. MCC has determined in its discretion that: (i) all applicable conditions precedent in Annex II have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation obligation, or responsibility by the Government, MCA-Kosovo Mongolia or any Government entity has occurred and is continuing under the Compact, this Agreement Agreement, or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall do not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any the Project or relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan and Social and Gender Integration Plan for the Program and for the relevant Project or Activity and substantial compliance with the requirements of the M&E Plan and Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo Mongolia and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and the Audit Plan, Plan for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to before the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax Tax payments or other obligations, and has contributed all resources required from it, it under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate Certificate, or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo Mongolia is actively engaged, engaged to MCC’s satisfaction, satisfaction in recruiting a replacement; (xiixiii) MCA-Kosovo Mongolia has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) with respect to the establishment of an M&E PlanBCS; and (xiiixiv) The Government has complied in all material respects with its obligations set forth in Section 2.9 2.14 with respect to the making of its contributions Government Contribution in accordance with the projected timeline set forth in Annex III, and the implementation structure set forth in Annex IV.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II to this Agreement have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo MiDA or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall will not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan and Social and Gender Integration Plan for the Program, relevant Project or Activity and substantial compliance with the requirements of the M&E Plan and Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo ▇▇▇▇ and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA MiDA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff Members remains engaged, or if a position is vacant, MCA- Kosovo ▇▇▇▇ is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xiixiii) MCA-Kosovo MiDA has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) 2.3 with respect to the establishment of an M&E Plan; and; (xiiixiv) The the Government has complied in all material respects with its obligations set forth in Section 2.9 2.13 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex IIIIII to this Agreement; (xv) the Government has implemented the quarterly tariff adjustments in accordance with the existing formula for each calendar quarter since the Compact has entered into forced until such time as the current automatic tariff adjustment is replaced by the Tariff Plan, and plans: (xvi) the Government has substantially complied with each of the following (A) the Tariff Plan; (B) the Electric Distribution Utility Payment Action Plan; and (C) the Gas Action Plan and the Gas Sector Master Plan. (xvii) the Government has substantially complied with each of the following plans once completed and approved: (A) the IRP; and (B) the IPP Solicitation Plan.

Other Conditions Precedent. MCC has determined in its sole discretion that: (i) all applicable conditions precedent in Annex II Schedule 2 have been duly satisfied, deferred or waived as provided in this Agreement; (ii) no material default or breach of any covenant, obligation or responsibility by the Government, MCA-Kosovo Burkina Faso II or any Government entity has occurred and is continuing under the Compact, this Agreement or any other Supplemental Agreement; (iii) the activities to be funded with such Disbursement shall not violate any applicable law or regulation; (iv) the Implementation Plan Documents and Fiscal Accountability Plan are current and updated and are in form and substance satisfactory to MCC, and there has been both progress on, and compliance with, satisfactory to MCC on the components of the Implementation Plan for any relevant Projects or Activities related to such Disbursement Disbursement; (v) there has been progress satisfactory to MCC on the M&E Plan, the ESMS, and the Social and Gender Integration Plan for the Program, relevant Project or Activity, and substantial compliance with the requirements of the M&E Plan, the ESMS, and the Social and Gender Integration Plan (including the targets set forth therein and any applicable reporting requirements set forth therein for the relevant Disbursement Period), in each case, satisfactory to MCC; (vvi) all Government entities involved in the implementation of the Program, including the Implementing Entities, are coordinating successfully with MCA-Kosovo Burkina Faso II and dedicating the necessary staff and other resources to ensure successful implementation of the Program; (vivii) there has been no material negative finding in any financial audit report delivered in accordance with the Compact and Audit Plan, for the prior two quarters (or such other period as the Audit Plan may require); (viiviii) any Taxes paid with MCC Funding through the date ninety (90) 90 days prior to the start of the applicable Disbursement Period have been reimbursed by the Government in full in accordance with Section 2.8(c) of the Compact; (viiiix) the Government has satisfied all of its payment obligations, including any insurance, indemnification, tax payments or other obligations, and contributed all resources required from it, under the Compact, this Agreement and any other Supplemental Agreement; (ixx) MCC does not have grounds for concluding that any matter certified to it in the related MCA Disbursement Certificate, Procurement Agent Disbursement Certificate or Fiscal Agent Disbursement Certificate is not as certified; (xxi) no act, omission, condition, or event has occurred that would be the basis for MCC to suspend or terminate, in whole or in part, the Compact or MCC Funding in accordance with Section 5.1 of the Compact; (xixii) each of the Key Staff remains engaged, or if a position is vacant, MCA- Kosovo Burkina Faso II is actively engaged, to MCC’s satisfaction, in recruiting a replacement; (xiixiii) MCA-Kosovo Burkina Faso II has complied in all material respects with its obligations set forth in Section 2.1(d) with respect to the establishment of a BCS and its obligations set forth in Section 2.1(f) 2.3 with respect to the establishment of an M&E Plan; and (xiiixiv) The Government has complied in all material respects with its obligations set forth in Section 2.9 2.13 with respect to the making of its contributions in accordance with the projected timeline set forth in Annex IIISchedule 3.