Common use of Implementation Covenants Clause in Contracts

Implementation Covenants. 1. Republika Srpska shall maintain the Republika Srpska PIU at all times during Project implementation, with such staff and resources as shall be required for the Republika Srpska PIU to perform its duties in respect of the overall management and implementation of its Respective Part of the Project in accordance with the Operational Manual, including the Guidelines, and satisfactory to the Association. 2. Republika Srpska shall cause the Republika Srpska PIU to carry out the Project in accordance the Operational Manual, including the Guidelines, and maintain the Operational Manual until the completion of the Project, and unless the Association may otherwise agree, not to amend, repeal or waive, or permit to be amended, repealed or waived, the Operational Manual, including the Guidelines, or any provision of either one thereof. 3. In carrying out Part B.1.(c) of the Project, Republika Srpska shall follow the Guidelines, which form an integral part of the Operational Manual, and shall give details of all procedural arrangements for the review, appraisal, supervision, and monitoring and evaluation, of Sub-projects, including procedures for submission and review of requests for financing, criteria for the review and approval of Sub-projects, and approval of Performance Grants, applicable procurement, disbursement and other implementation guidelines, and model forms of Performance Grant Agreements and works contracts with local contractors. 4. In carrying out Part B.1.(c) of the Project the following terms and conditions shall apply: (a) Performance Grants shall be provided for the benefit of Beneficiaries and shall be acceptable to the Association and specified in the Guidelines; provided however that: (i) no Performance Grant shall be granted except to finance a Sub- project which (i.1) is technically sound and feasible, and (i.2) contributes to improvement of the governance of Beneficiaries; and (ii) except as the Association shall otherwise agree, the amount of each Performance Grant shall not exceed $50,000 equivalent, or ninety percent (90%) of the total cost of the Sub-project, whichever is less. (b) For the purposes of each Performance Grant, the Republika Srpska PIU shall conclude a Performance Grant Agreement with the Beneficiary in the form of the model provided in the Guidelines, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, as they may apply, the amount of the Beneficiary’s contribution to the cost of the Sub- project, and the right of Republika Srpska to: (i) require the Beneficiary (A) to carry out the Sub-project with due diligence and efficiency, in conformity with appropriate administrative, financial, engineering and technical practices, and to maintain adequate records, and (B) upon completion of the Sub-project, to make provision for the maintenance of any productive assets resulting therefrom, and for the payment of recurrent expenditures generated thereunder; (ii) obtain all such information as the Association or Republika Srpska shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Performance Grant upon failure by such Beneficiary to perform its obligations under such agreement.

Implementation Covenants. 1. Republika Srpska shall maintain the Republika Srpska PIU at all times during Project implementation, with such staff and resources as shall be required for the Republika Srpska PIU to perform its duties in respect of the overall management and implementation of its Respective Part of the Project in accordance with the Operational Manual, including the Guidelines, and satisfactory to the Association. 2. Republika Srpska shall cause the Republika Srpska PIU to carry out the Project in accordance the Operational Manual, including the Guidelines, and maintain the Operational Manual until the completion of the Project, and unless the Association may otherwise agree, not to amend, repeal or waive, or permit to be amended, repealed or waived, the Operational Manual, including the Guidelines, or any provision of either one thereof. 3. In carrying out Part B.1.(c) of the Project, Republika Srpska shall follow the Guidelines, which form an integral part of the Operational Manual, and shall give details of all procedural arrangements for the review, appraisal, supervision, and monitoring and evaluation, of Sub-projects, including procedures for submission and review of requests for financing, criteria for the review and approval of Sub-projects, and approval of Performance Grants, applicable procurement, disbursement and other implementation guidelines, and model forms of Performance Grant Agreements and works contracts with local contractors. 4. In carrying out Part B.1.(c) of the Project the following terms and conditions shall apply: (a) Performance Grants shall be provided for the benefit of Beneficiaries and shall be acceptable to the Association and specified in the Guidelines; provided however that: (i) no Performance Grant shall be granted except to finance a Sub- Sub-project which (i.1) is technically sound and feasible, and (i.2) contributes to improvement of the governance of Beneficiaries; and (ii) except as the Association shall otherwise agree, the amount of each Performance Grant shall not exceed $50,000 equivalent, or ninety percent (90%) of the total cost of the Sub-project, whichever is less. (b) For the purposes of each Performance Grant, the Republika Srpska PIU shall conclude a Performance Grant Agreement with the Beneficiary in the form of the model provided in the Guidelines, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, as they may apply, the amount of the Beneficiary’s contribution to the cost of the Sub- project, and the right of Republika Srpska to: (i) require the Beneficiary (A) to carry out the Sub-project with due diligence and efficiency, in conformity with appropriate administrative, financial, engineering and technical practices, and to maintain adequate records, and (B) upon completion of the Sub-project, to make provision for the maintenance of any productive assets resulting therefrom, and for the payment of recurrent expenditures generated thereunder; (ii) obtain all such information as the Association or Republika Srpska shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Performance Grant upon failure by such Beneficiary to perform its obligations under such agreement.

Implementation Covenants. 1. Republika Srpska shall The RS shall, in cooperation with the Recipient and the Federation, jointly maintain the Republika Srpska PIU at all times during the Project implementation, the Advisory Board referenced in paragraph 1 of Part B of Section I of this Schedule, with such staff the composition, terms of reference and resources as shall be required for the Republika Srpska PIU to perform its duties in respect of the overall management and implementation of its Respective Part of the Project in accordance with the Operational Manual, including the Guidelines, and satisfactory to the Association. 2. Republika Srpska The RS, through the RS MOJ and, as may be needed, the RS GA, shall cause maintain at all times, during Project implementation, the Republika Srpska PIU RS LRU, with terms of reference and resources satisfactory to carry out the Project Association, and with competent staff in adequate numbers. 3. The RS, through the RS MOJ, shall implement the EMP and the RS’ respective FM Manual, in accordance the Operational Manual, including the Guidelineswith their respective terms, and maintain apply and implement, as the Operational Manual until case may be, the completion of the Projectcriteria, policies, procedures and unless the Association may otherwise agree, arrangements therein respectively set forth; and not to amend, repeal amend or waive, or permit to be amended, repealed amended or waived, waived the Operational Manual, including EMP or the Guidelines, RS’ respective FM Manual or any provision of either any one thereof. 3. In carrying out Part B.1.(c) , except with the prior written approval of the Project, Republika Srpska shall follow the Guidelines, which form an integral part of the Operational Manual, and shall give details of all procedural arrangements for the review, appraisal, supervision, and monitoring and evaluation, of Sub-projects, including procedures for submission and review of requests for financing, criteria for the review and approval of Sub-projects, and approval of Performance Grants, applicable procurement, disbursement and other implementation guidelines, and model forms of Performance Grant Agreements and works contracts with local contractorsAssociation. 4. In carrying out Part B.1.(c) Where buildings or dwellings have been constructed or occupied otherwise than in accordance with applicable laws or regulations of the Project Recipient or of the following terms and conditions RS, the RS shall apply: (a) Performance Grants shall be provided for only record the benefit of Beneficiaries buildings or dwellings in the cadastre and shall be acceptable to not register any ownership rights over the Association relevant land, unless and specified until such buildings or dwellings have been regularized, in accordance with such applicable laws or regulations, in which case ownership rights over the Guidelines; provided however that: (i) no Performance Grant shall be granted except to finance a Sub- project which (i.1) is technically sound and feasible, and (i.2) contributes to improvement of the governance of Beneficiaries; and (ii) except as the Association shall otherwise agree, the amount of each Performance Grant shall not exceed $50,000 equivalent, buildings or ninety percent (90%) of the total cost of the Sub-project, whichever is less. (b) For the purposes of each Performance Grant, the Republika Srpska PIU shall conclude a Performance Grant Agreement with the Beneficiary in the form of the model provided in the Guidelines, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, as they may apply, the amount of the Beneficiary’s contribution to the cost of the Sub- projectdwellings, and the right of Republika Srpska to: (i) require relevant land, shall be registered by the Beneficiary (A) to carry out RS in the Sub-project with due diligence and efficiency, in conformity with appropriate administrative, financial, engineering and technical practices, and to maintain adequate records, and (B) land registry upon completion application of the Sub-project, to make provision for the maintenance of any productive assets resulting therefrom, occupier and for the payment of recurrent expenditures generated thereunder; (ii) obtain all such information as the Association or Republika Srpska shall reasonably request relating to the implementation fulfillment of the Sub-project and conditions prescribed by such laws or regulations. 5. The RS shall not amend, suspend, abrogate, repeal or waive legislation affecting land administration so as to materially affect the performance of the Beneficiary thereunder; andRecipient or the RS under the Project. (iii) suspend or terminate 6. The RS, through the right RS MOJ, shall prepare and approve by September 30, 2007, service standards, a human resources development strategy and a business plan for continued operation of the Beneficiary registration service, satisfactory to the use Association, and to implement them thereafter. 7. The RS, through the RS MOJ, shall cooperate with the Recipient in the timely preparation, under terms of reference satisfactory to the Association, and furnishing to the Association by June 30, 2009, of a draft policy and strategy document for completion of the proceeds of a Performance Grant upon failure by long term goals in land administration in Bosnia and Herzegovina, and shall exchange views with the Association on such Beneficiary to perform its obligations under such agreementdraft policy at the latter’s request.

Implementation Covenants. 1. Republika Srpska The Recipient shall and shall cause the Entities to jointly maintain the Republika Srpska PIU at all times during Project implementation, the Advisory Board referenced in paragraph 1 of Part B of Section I of this Schedule 2, with such staff the composition, terms of reference and resources as shall be required for the Republika Srpska PIU to perform its duties in respect of the overall management and implementation of its Respective Part of the Project in accordance with the Operational Manual, including the Guidelines, and satisfactory to the Association. 2. Republika Srpska The Recipient shall cause the Republika Srpska PIU Entities, through the Federation MOJ, and, as may be needed, the Federation GA, and through the RS MOJ and, as may be needed, the RS GA, respectively, to carry out maintain at all times during Project implementation, the Project LRUs, with terms of reference and resources satisfactory to the Association, and with competent staff in adequate numbers. 3. The Recipient shall cause the Entities, through the Federation MOJ and through the RS MOJ: (i) to implement the EMP and the respective FM Manual in accordance the Operational Manual, including the Guidelineswith their respective terms, and maintain apply and implement, as the Operational Manual until case may be, the completion of the Projectcriteria, policies, procedures and unless the Association may otherwise agree, arrangements therein respectively set forth; and (ii) not to amend, repeal amend or waive, or permit to be amended, repealed amended or waived, waived the Operational Manual, including EMP or the Guidelines, respective FM Manual or any provision of either any one thereof. 3. In carrying out Part B.1.(c) , except with the prior written approval of the Project, Republika Srpska shall follow the Guidelines, which form an integral part of the Operational Manual, and shall give details of all procedural arrangements for the review, appraisal, supervision, and monitoring and evaluation, of Sub-projects, including procedures for submission and review of requests for financing, criteria for the review and approval of Sub-projects, and approval of Performance Grants, applicable procurement, disbursement and other implementation guidelines, and model forms of Performance Grant Agreements and works contracts with local contractorsAssociation. 4. In carrying out Part B.1.(c) Where buildings or dwellings have been constructed or occupied otherwise than in accordance with applicable laws or regulations of the Project Recipient or of the following terms and conditions Entities, as the case may be, the Recipient shall apply: (a) Performance Grants shall be provided for cause each of the benefit of Beneficiaries Entities to only record the buildings or dwellings in the cadastre and shall be acceptable to not register any ownership rights over the Association relevant land, unless and specified until such buildings or dwellings have been regularized in accordance with such applicable laws or regulations, in which case ownership rights over the Guidelines; provided however that: (i) no Performance Grant shall be granted except to finance a Sub- project which (i.1) is technically sound and feasible, and (i.2) contributes to improvement of the governance of Beneficiaries; and (ii) except as the Association shall otherwise agree, the amount of each Performance Grant shall not exceed $50,000 equivalent, buildings or ninety percent (90%) of the total cost of the Sub-project, whichever is less. (b) For the purposes of each Performance Grant, the Republika Srpska PIU shall conclude a Performance Grant Agreement with the Beneficiary in the form of the model provided in the Guidelines, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, as they may apply, the amount of the Beneficiary’s contribution to the cost of the Sub- projectdwellings, and the right of Republika Srpska to: (i) require relevant land, shall be registered by the Beneficiary (A) to carry out Entities in the Sub-project with due diligence and efficiency, in conformity with appropriate administrative, financial, engineering and technical practices, and to maintain adequate records, and (B) land registry upon completion application of the Sub-project, to make provision for the maintenance of any productive assets resulting therefrom, occupier and for the payment of recurrent expenditures generated thereunder; (ii) obtain all such information as the Association or Republika Srpska shall reasonably request relating to the implementation fulfillment of the Sub-project conditions prescribed by such laws or regulations. 5. The Recipient shall not and shall ensure that the Entities do not amend, suspend, abrogate, repeal or waive legislation affecting land administration so as to materially affect the performance of the Beneficiary thereunder; and (iii) suspend Recipient or terminate the right either of the Beneficiary Entities under the Project. 6. The Recipient shall cause each of the Entities, through the Federation MOJ, and through the RS MOJ, to prepare and approve by September 30, 2007, service standards, a human resources development strategy, and a business plan for continued operation of the registration service, satisfactory to the use Association, and to implement them thereafter. 7. The Recipient shall prepare under terms of reference satisfactory to the Association, furnish to the Association by June 30, 2009, and review with the Association, a draft policy and strategy document for completion of the proceeds of a Performance Grant upon failure by such Beneficiary to perform its obligations under such agreementlong term goals in land administration in Bosnia and Herzegovina.

Implementation Covenants. 1. Republika Srpska The Recipient shall maintain ensure that the Republika Srpska PIU at all times during Project Coordination Committee shall be maintained for the entire duration of Project implementation, and with such staff the composition, terms of reference and resources as shall be required for the Republika Srpska PIU to perform its duties in respect of the overall management and implementation of its Respective Part of the Project in accordance with the Operational Manual, including the Guidelines, and satisfactory to the Association. 2. Republika Srpska The Recipient shall cause the Republika Srpska PIU to carry out ensure, through Implementing Arrangement Numbers 5 and 6, that the Project in accordance Management Unit shall be maintained for the Operational Manual, including the Guidelinesentire duration of Project implementation, and maintain with the Operational Manual until composition, terms of reference and resources satisfactory to the completion Association, and with suitably qualified staff in sufficient numbers. The Recipient shall ensure, through the Implementing Arrangement Numbers 5 and 6, that KEK obtains a written no-objection from the Association prior to any hiring or dismissal of any staff of or consultant to the Project Management Unit. The Recipient shall use its best reasonable efforts to ensure that KEK’s annual budget will provide the funding necessary or appropriate to enable KEK to perform its obligations under the Project, including, without limitation, for all operating and maintenance costs of KEK equipment required for the Project. Prior to the commencement of any of the works under Part E of the Project, the Recipient shall ensure, through Implementing Arrangement Numbers 5 and unless 6 that KEK, through the Association Project Management Unit, shall carry out an environmental impact assessment of Part E of the Project (“Project EIA”), satisfactory to the Association, which assessment shall be conducted by independent environmental assessment experts not affiliated with the Project who shall have been retained by KEK under terms of reference acceptable to the Association. Prior to the commencement of any of the works under Part E of the Project, the Recipient shall ensure, through Implementing Arrangement Numbers 5 and 6, that KEK, through the Project Management Unit, causes the independent environmental assessment experts referred to in paragraph 5 of this Section II, or other independent environmental assessment experts not related to the Project and acceptable to the Association, to prepare an environmental management plan for Part E of the Project (“Project EMP”), satisfactory to the Association, to eliminate, offset, or reduce to acceptable levels any adverse environmental and social aspects, including the actions needed to implement the mitigation, monitoring and institutional measures to be taken during the implementation and operation of said Part E. The Recipient shall, and shall ensure, through Implementing Arrangements 5 and 6, that KEK, through the Project Management Unit: (a) implements the Project EMP and the Operations Manual in accordance with their respective terms, and applies and implements, as the case may otherwise agreebe, the policies, procedures and arrangements therein respectively set forth; and (b) not to amend, repeal suspend, abrogate, terminate or waive, or permit to be amended, repealed suspended, abrogated, terminated or waived, the Operational Project EMP or the Operations Manual, including the Guidelines, or any provision of either any one thereof. 3, except with the prior written approval of the Association. In carrying out To the extent that the proceeds of the Financing are used for purposes of Part B.1.(c) B of the Project, Republika Srpska the Recipient shall follow ensure, through the GuidelinesImplementing Arrangements that KEK, which form an integral part through the Project Management Unit, has complied with and implemented the requirements of Section II, paragraphs 5, 6, and 7 of Schedule 2 of the Operational ManualFinancing Agreement relating to the environmental impact assessment and environmental management plan. Not later than July 15, 2007, the Recipient shall ensure, through Implementing Arrangement Numbers 5 and shall give details of all procedural arrangements for the review6, appraisal, supervision, that KEK prepares and monitoring and evaluation, of Sub-projects, including procedures for submission and review of requests for financing, criteria for the review and approval of Sub-projects, and approval of Performance Grants, applicable procurement, disbursement and other implementation guidelines, and model forms of Performance Grant Agreements and works contracts with local contractors. 4. In carrying out adopts an updated Procurement Plan to include Part B.1.(c) E of the Project the following terms and conditions shall apply: (a) Performance Grants shall be provided for the benefit of Beneficiaries and shall be acceptable satisfactory to the Association Association. Not later than two months following the Effectiveness Date, the Recipient shall ensure, through Implementing Arrangement Numbers 5 and specified in the Guidelines; provided however that: (i) no Performance Grant shall be granted except 6, that KEK prepares and adopts an updated Operations Manual to finance a Sub- project which (i.1) is technically sound and feasible, and (i.2) contributes to improvement include Part E of the governance of Beneficiaries; and (ii) except as the Association shall otherwise agree, the amount of each Performance Grant shall not exceed $50,000 equivalent, or ninety percent (90%) of the total cost of the Sub-project, whichever is lessProject. (b) For the purposes of each Performance Grant, the Republika Srpska PIU shall conclude a Performance Grant Agreement with the Beneficiary in the form of the model provided in the Guidelines, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, as they may apply, the amount of the Beneficiary’s contribution to the cost of the Sub- project, and the right of Republika Srpska to: (i) require the Beneficiary (A) to carry out the Sub-project with due diligence and efficiency, in conformity with appropriate administrative, financial, engineering and technical practices, and to maintain adequate records, and (B) upon completion of the Sub-project, to make provision for the maintenance of any productive assets resulting therefrom, and for the payment of recurrent expenditures generated thereunder; (ii) obtain all such information as the Association or Republika Srpska shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Performance Grant upon failure by such Beneficiary to perform its obligations under such agreement.

Implementation Covenants. 1. Republika Srpska The Federation shall maintain the Republika Srpska Federation PIU at all times during Project implementation, with such staff and resources as shall be required for the Republika Srpska Federation PIU to perform its duties in respect of the overall management and implementation of its Respective Part of the Project in accordance with the Operational Manual, including the Guidelines, and satisfactory to the Association. 2. Republika Srpska The Federation shall cause the Republika Srpska Federation PIU to carry out the Project in accordance the Operational Manual, including the Guidelines, and maintain the Operational Manual until the completion of the Project, and unless the Association may otherwise agree, not to amend, repeal or waive, or permit to be amended, repealed or waived, the Operational Manual, including the Guidelines, or any provision of either one thereof. 3. In carrying out Part B.1.(cA.1.(c) of the Project, Republika Srpska the Federation shall follow the Guidelines, which form an integral part of the Operational Manual, and shall give details of all procedural arrangements for the review, appraisal, supervision, and monitoring and evaluation, of Sub-projects, including procedures for submission and review of requests for financing, criteria for the review and approval of Sub-projects, and approval of Performance Grants, applicable procurement, disbursement and other implementation guidelines, and model forms of Performance Grant Agreements and works contracts with local contractors. 4. In carrying out Part B.1.(cA.1.(c) of the Project the following terms and conditions shall apply: (a) Performance Grants shall be provided for the benefit of Beneficiaries and shall be acceptable to the Association and specified in the Guidelines; provided however that: (i) no Performance Grant shall be granted except to finance a Sub- project which (i.1) is technically sound and feasible, and (i.2) contributes to improvement of the governance of Beneficiaries; and (ii) except as the Association shall otherwise agree, the amount of each Performance Grant shall not exceed $50,000 equivalent, or ninety percent (90%) of the total cost of the Sub-project, whichever is less. (b) For the purposes of each Performance Grant, the Republika Srpska Federation PIU shall conclude a Performance Grant Agreement with the Beneficiary in the form of the model provided in the Guidelines, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, as they may apply, the amount of the Beneficiary’s contribution to the cost of the Sub- Sub-project, and the right of Republika Srpska the Federation to: (i) require the Beneficiary (A) to carry out the Sub-project with due diligence and efficiency, in conformity with appropriate administrative, financial, engineering and technical practices, and to maintain adequate records, and (B) upon completion of the Sub-project, to make provision for the maintenance of any productive assets resulting therefrom, and for the payment of recurrent expenditures generated thereunder; (ii) obtain all such information as the Association or Republika Srpska the Federation shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Performance Grant upon failure by such Beneficiary to perform its obligations under such agreement.