Common use of Subloans Clause in Contracts

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, as provided in paragraph 11(iii) of Schedule 3 to this Loan Agreement, and shall be made on terms whereby the Borrower shall obtain, by a written agreement with the Qualified Enterprise in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each Subloan agreement shall appropriately reflect the obligations of the Borrower and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified Project. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified Project; (d) the Qualified Enterprise shall carry out and operate the Qualified Project in compliance with ADB's safeguards policies as required in paragraphs 6,7, 9 and 10 of Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records and accounts of the Borrower, the Qualified Enterprise, the Qualified Project, suppliers, and contractors relating to the Qualified Project; (f) the Qualified Enterprise shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services financed out of the proceeds of the Loan, the Qualified Project, the Qualified Enterprise and other related matters; and (h) the Borrower shall be entitled to suspend or terminate further access by the Qualified Enterprise to the use of the proceeds of the Loan upon failure by the Qualified Enterprise to perform its obligations under its agreement with the Borrower. Section 4.03. The Borrower shall promptly and effectively exercise its rights in relation to each Qualified Project in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the Borrower.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, as provided in paragraph 11(iii12(iii) of Schedule 3 to this Loan Agreement, and shall be made on terms whereby the Borrower shall ensure that IDCOL shall obtain, by a written agreement with the Qualified Enterprise in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each The Borrower shall ensure that IDCOL shall procure that each Subloan agreement shall appropriately reflect the obligations of the Borrower IDCOL and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified Project. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, the Borrower shall procure that IDCOL shall ensure that each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified Project; (d) the Qualified Enterprise shall carry out and operate the Qualified Project in compliance with ADB's safeguards policies as required in paragraphs 6,75, 9 6, 7, 8, 9, 10 and 10 11 of Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records and accounts of the BorrowerIDCOL, the Qualified Enterprise, the Qualified Project, suppliers, and contractors relating to the Qualified Project; (f) the Qualified Enterprise shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower IDCOL shall each be entitled to obtain from the Qualified Enterprise all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services financed out of the proceeds of the Loan, the Qualified Project, the Qualified Enterprise and other related matters; and (h) the Borrower IDCOL shall be entitled to suspend or terminate further access by the Qualified Enterprise to the use of the proceeds of the Loan upon failure by the Qualified Enterprise to perform its obligations under its agreement with the BorrowerIDCOL. Section 4.03. The Borrower shall ensure that IDCOL shall promptly and effectively exercise its rights in relation to each Qualified Project in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the BorrowerIDCOL.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, rate as provided in paragraph 11(iii15(c) of Schedule 3 to this Loan Agreement, Agreement and shall be made on terms whereby the Borrower shall obtain, by a written agreement with the Qualified Enterprise in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each Subloan agreement shall appropriately reflect the obligations of the Borrower and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified Project. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, countries and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified Project; (d) the Qualified Enterprise shall carry out and operate the Qualified Project in compliance with ADB's safeguards policies as required in paragraphs 6,7, 9 and 10 8 to 14 of Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records records, documents, and accounts of the Borrower, the Qualified Enterprise, the Qualified Project, suppliers, and contractors contractor relating to the Qualified Project; (f) the Qualified Enterprise shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services Consulting Services financed out of the proceeds of the Loan, the Qualified Project, the Qualified Enterprise and other related matters; and (h) the Borrower shall be entitled to suspend or terminate further access by the Qualified Enterprise to the use of the proceeds of the Loan upon failure by the Qualified Enterprise to perform its obligations under its agreement with the Borrower. Section 4.03. The Borrower shall promptly and effectively exercise its rights in relation to each Qualified Project in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the Borrower.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, as provided in paragraph 11(iii) of Schedule 3 to this Loan Agreement, rate and shall be made on terms whereby the Borrower shall obtain, by a written agreement with the Qualified Enterprise and Qualified LGUs in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each Subloan agreement shall appropriately reflect the obligations of the Borrower and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified Project. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise and Qualified LGUs shall carry out and operate the Qualified Project Subproject with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, environmental and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified ProjectSubproject; (d) ADB and the Borrower shall each have the right to inspect such Goods and Works, the Qualified Enterprise shall carry out and operate Enterprises, the Qualified Project in compliance with ADB's safeguards policies as required in paragraphs 6,7LGUs, 9 the Qualified Subprojects, and 10 of Schedule 3 to this Loan Agreementany relevant records and documents; (e) ADB shall have the right to audit and examine the records and accounts of the Borrower, the Qualified Enterprise, the Enterprises and Qualified Project, suppliers, and contractors relating to the Qualified Project; (f) the Qualified Enterprise LGUs shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (gf) ADB and the Borrower shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services financed out of the proceeds of the Loan, the Qualified ProjectSubproject, the Qualified Enterprise and Qualified LGU and other related matters; and (hg) the Borrower shall be entitled to suspend or terminate further access by the Qualified Enterprise and Qualified LGU to the use of the proceeds of the Loan upon failure by the Qualified Enterprise and Qualified LGU to perform its obligations under its agreement with the Borrower. Section 4.03. The Borrower shall promptly and effectively exercise its rights in relation to each Qualified Project Subproject in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the Borrower.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, as provided in paragraph 11(iii) of Schedule 3 to this Loan Agreement, rate and shall be made on terms whereby the Borrower shall obtain, by a written agreement with the Qualified Enterprise in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each Subloan agreement shall appropriately reflect the obligations of the Borrower and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified Project. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project Subproject with due diligence and efficiency and in accordance with sound administrativeapplicable technical, financial, economic, engineering, environmental, social safeguards, business and business development practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods which are produced inin and supplied from, and consulting services Works and Consulting Services which are supplied from, such countries, countries and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan Consulting Services shall be used exclusively in the carrying out of the Qualified ProjectSubproject; (d) ADB and the Qualified Enterprise Borrower shall carry out and operate the Qualified Project in compliance with ADB's safeguards policies as required in paragraphs 6,7, 9 and 10 of Schedule 3 to this Loan Agreement; (e) ADB shall each have the right to audit inspect such Goods and examine the records and accounts of the BorrowerWorks, the Qualified Enterprise, the Qualified Project, suppliersSubproject, and contractors relating to the Qualified Projectany relevant records and documents; (fe) the Qualified Enterprise shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (gf) ADB and the Borrower shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services financed out of the proceeds of the LoanConsulting Services, the Qualified ProjectSubproject, the Qualified Enterprise and other related matters; and (hg) the Borrower shall be entitled to suspend or terminate further access by the Qualified Enterprise to the use of the proceeds of the Loan upon failure by the Qualified Enterprise to perform its obligations under its agreement with the Borrower. Section 4.03. The Borrower shall promptly and effectively exercise its rights in relation to each Qualified Project Subproject in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the Borrower.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, as provided in paragraph 11(iii12(iii) of Schedule 3 to this Loan Agreement, and shall be made on terms whereby the Borrower shall ensure that IDCOL shall obtain, by a written agreement with the Qualified Enterprise or PO in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each The Borrower shall ensure that IDCOL shall procure that each Subloan agreement shall appropriately reflect the obligations of the Borrower IDCOL and the respective Qualified Enterprise or PO assumed under this Loan Agreement in respect of the Qualified ProjectAgreement. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, the Borrower shall procure that IDCOL shall ensure that each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project or the PO shall carry out its operation with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified ProjectProject or in case of a PO exclusively in the financing of RES; (d) the Qualified Enterprise shall carry out and operate the Qualified Project and the PO shall carry out its operations in compliance with ADB's safeguards policies as required in paragraphs 6,75, 9 6, 7, 8, 9, 10 and 10 11 of Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records and accounts of IDCOL, the Borrowerrelevant PO, the Qualified Enterprise, the Qualified Project, suppliers, and contractors relating to the Qualified Project; (f) the Qualified Enterprise or PO shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower IDCOL shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloan, the PO and its activities, the Goods, Works and consulting services financed out of the proceeds of the Loan, the Qualified Project, the Qualified Enterprise and other related matters; and (h) the Borrower IDCOL shall be entitled to suspend or terminate further access by the Qualified Enterprise or PO to the use of the proceeds of the Loan upon failure by the Qualified Enterprise or PO to perform its obligations under its agreement with the BorrowerIDCOL. Section 4.03. The Borrower shall ensure that IDCOL shall promptly and effectively exercise its rights in relation to each Qualified Project or PO in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the BorrowerIDCOL.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.01. (a) Each Subloan shall carry interest at an appropriate rate, rate as provided in paragraph 11(iii14(c) of Schedule 3 to this Loan Agreement, Agreement and shall be made on terms whereby the Borrower shall obtain, by a written agreement with the Qualified Enterprise in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each Subloan agreement shall appropriately reflect the obligations of the Borrower and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified ProjectSubproject. (b) Prior to disbursement of Subloans, the Borrower shall review the utilization report for each Qualified Subproject as verified by a chartered accountant, and the lead bank/designated lead syndicator, and which shall be accompanied by an engineer's certificate. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project Subproject with due diligence and efficiency and in accordance with sound administrative, technical, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced inin and supplied from, and consulting services Works and Consulting Services which are supplied from, such countries, countries and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services Consulting Services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified ProjectSubproject; (d) ADB and the Borrower shall each have the right to inspect such Goods and Works, the Qualified Enterprise, the Qualified Subproject, and any relevant records and documents; (e) the Qualified Enterprise shall carry out and operate the Qualified Project Subproject in compliance with ADB's safeguards policies as required in paragraphs 6,7, 9 and 10 8 to 13 of Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records and accounts of the Borrower, the Qualified Enterprise, the Qualified Project, suppliers, and contractors relating to the Qualified Project; (f) the Qualified Enterprise shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services Consulting Services financed out of the proceeds of the Loan, the Qualified ProjectSubproject, the Qualified Enterprise and other related matters; and (h) the Borrower shall be entitled to suspend or terminate further access by the Qualified Enterprise to the use of the proceeds of the Loan upon failure by the Qualified Enterprise to perform its obligations under its agreement with the Borrower. Section 4.03. The Borrower shall promptly and effectively exercise its rights in relation to each Qualified Project Subproject in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the Borrower.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.01. Each Subloan shall carry interest at an appropriate rate, rate as provided in paragraph 11(iii14(iii) of Schedule 3 to this Loan Agreement, Agreement and shall be made on terms whereby the Borrower shall obtain, by a written agreement with the Qualified Enterprise in form acceptable to ADB, rights adequate to protect the interests of ADB and the Borrower. Each Subloan agreement shall appropriately reflect the obligations of the Borrower and the Qualified Enterprise assumed under this Loan Agreement in respect of the Qualified Project. Section 4.02. Without limiting the generality of the foregoing provisions of Section 4.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, countries and as set out in Schedule 2 to this Loan Agreement; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan shall be used exclusively in the carrying out of the Qualified Project; (d) the Qualified Enterprise shall carry out and operate the Qualified Project in compliance with ADB's safeguards policies as required in paragraphs 6,7, 9 and 10 8 to 13 of Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records records, documents, and accounts of the Borrower, the Qualified Enterprise, the Qualified Project, suppliers, and contractors contractor relating to the Qualified Project; (f) the Qualified Enterprise shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower shall each be entitled to obtain all such information as each shall reasonably request relating to the Subloansubloan, the Goods, Works and consulting services financed out of the proceeds of the Loan, the Qualified Project, the Qualified Enterprise and other related matters; and (h) the Borrower shall be entitled to suspend or terminate further access by the Qualified Enterprise to the use of the proceeds of the Loan upon failure by the Qualified Enterprise to perform its obligations under its agreement with the Borrower. Section 4.03. The Borrower shall promptly and effectively exercise its rights in relation to each Qualified Project in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the Borrower.

Appears in 1 contract

Sources: Loan Agreement

Subloans. Section 4.013.01. Each IDCOL shall ensure that each Subloan shall carry interest at an appropriate rate, as provided in paragraph 11(iii12(iii) of the Schedule 3 to this Loan Agreement, and shall be made on terms whereby the Borrower IDCOL shall obtain, by a written agreement with the Qualified Enterprise or PO in form acceptable to ADB, rights adequate to protect the interests of ADB and the BorrowerADB. Each IDCOL shall procure that each Subloan agreement shall appropriately reflect the obligations of the Borrower IDCOL and the Qualified Enterprise or PO assumed under this the Loan Agreement Agreements in respect of the Qualified Project. Section 4.023.02. Without limiting the generality of the foregoing provisions of Section 4.01 3.01 of this Loan Agreement and in addition to any other provisions which a prudent lender would request, IDCOL shall ensure that each Subloan agreement shall include provisions to the effect that: (a) the Qualified Enterprise shall carry out and operate the Qualified Project or the PO shall carry out its operations, with due diligence and efficiency and in accordance with sound administrative, financial, economic, engineering, environmental, social safeguards, and business practices, including maintenance of adequate accounts and records; (b) the proceeds of the Loan Loans shall be used only for procurement in member countries of ADB, in accordance with procedures acceptable to ADB, of Goods produced in, and consulting services supplied from, such countries, and as set out in Schedule 2 to this of the Loan AgreementAgreements; (c) the Goods, Works and consulting services to be financed out of the proceeds of the Loan Loans shall be used exclusively in the carrying out of the Qualified ProjectProject or in the case of a PO exclusively in the financing of RES; (d) the Qualified Enterprise shall carry out and operate the Qualified Project and the PO shall carry out its operations in compliance with ADB's safeguards policies as required in paragraphs 6,75, 9 6, 7, 8, 9, 10 and 10 11 of the Schedule 3 to this Loan Agreement; (e) ADB shall have the right to audit and examine the records and accounts of the BorrowerIDCOL, the Qualified Enterprise, the Qualified Project, the relevant PO, suppliers, and contractors relating to the Qualified Project; (f) the Qualified Enterprise or the PO shall take out and maintain with responsible insurers insurance against such risks and in such amounts as shall be consistent with sound business practices, and, without any limitation upon the foregoing, such insurance shall cover hazards incident to the acquisition, transportation and delivery of Goods financed out of the proceeds of the Loan Loans to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable to replace or repair such Goods; (g) ADB and the Borrower IDCOL shall each be entitled to obtain from the Qualified Enterprise or PO all such information as each shall reasonably request relating to the Subloan, the Goods, Works and consulting services financed out of the proceeds of the LoanLoans, the Qualified Project, the Qualified Enterprise and other related matters; and (h) the Borrower IDCOL shall be entitled to suspend or terminate further access by the Qualified Enterprise or PO to the use of the proceeds of the Loan Loans upon failure by the Qualified Enterprise or PO to perform its obligations under its agreement with the BorrowerIDCOL. Section 4.033.03. The Borrower shall ensure that IDCOL shall promptly and effectively exercise its rights in relation to each Qualified Project and PO in accordance with the standards of a prudent lender and in such manner as to protect the interests of ADB and the BorrowerIDCOL.

Appears in 1 contract

Sources: Project Agreement