MCA-Philippines Sample Clauses
MCA-Philippines. In accordance with Section 3.2(b) of this Compact, MCA-Philippines will act on the Government’s behalf to implement the Program and to exercise and perform the Government’s rights and responsibilities with respect to the oversight, management, monitoring and evaluation, and implementation of the Program, including, without limitation, managing the implementation of Projects and their Activities, allocating resources, and managing procurements. The Government will ensure that MCA-Philippines takes all appropriate actions to implement the Program, including the exercise and performance of the rights and responsibilities designated to it by the Government pursuant to this Compact and the Program Implementation Agreement. Without limiting the foregoing, the Government will also ensure that MCA-Philippines has full decision-making autonomy, including, inter alia, the ability, without consultation with, or the consent or approval of, any other party, to: (i) enter into contracts in its own name; (ii) sue and be sued; (iii) establish Permitted Accounts in a financial institution in the name of MCA- Philippines and hold MCC Funding in such accounts; (iv) expend MCC Funding; (v) engage a fiscal agent who will act on behalf of MCA-Philippines on terms acceptable to MCC; (vi) engage one or more procurement agents who will act on behalf of MCA-Philippines, on terms acceptable to MCC, to manage the acquisition of the goods, works, and services required by MCA-Philippines to implement this Compact; and (vii) competitively engage one or more auditors to conduct audits of its accounts. The Government will take the necessary actions to establish and maintain MCA-Philippines, in accordance with the terms hereof including the applicable conditions precedent to the Disbursement of Compact Implementation Funding set forth in Annex IV to this Compact. MCA-Philippines will be administered and managed by a Board of Trustees and a Management Unit. In addition, MCA-Philippines will have a Stakeholders’ Committee to continue the consultative process during implementation of the Program. The governance of MCA- Philippines will be set forth in more detail in the Establishment Decree, the Program Implementation Agreement, and the internal regulations of MCA-Philippines (“MCA- Philippines Bylaws”), which will, collectively, set forth the responsibilities of the Board of Trustees, the Stakeholders’ Committee and the Management Unit. The MCA-Philippines Bylaws will be developed and adopte...
