India - Education Project : Credit 0342 - Assam and Bihar Agreement - Conformed

CONFORMED COPY CREDIT NUMBER 342 IN Assam and Bihar Agreement (Education Project) BETWEEN THE STATE OF ASSAM AND THE STATE OF BIHAR AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED NOVEMBER 10, 1972 CONFORMED COPY CREDIT NUMBER 342 IN Assam and Bihar Agreement (Education Project) BETWEEN THE STATE OF ASSAM AND THE STATE OF BIHAR AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED NOVEMBER 10, 1972 ASSAM AND BIHAR AGREEMENT AGREEMENT, dated November 10, 1972, between THE STATE OF ASSAM, acting by its Governor, (hereinafter called Assam) and THE STATE OF BIHAR, acting by its Governor, (hereinafter called Bihar) and INTERNATIONAL DEVELOPMENT ASSOCIATION (hereinafter called the Association). WHEREAS (A) By a development credit agreement (hereinafter referred to as the Development Credit Agreement) of even date herewith between India, acting by its President (hereinafter called the Borrower) and the Association, the Association has agreed to make available to the Borrower an amount in various currencies equivalent to twelve million dollars ($12,000,000), on the terms and conditions set forth in the Development Credit Agreement, but only on condition inter alia that Assam and Bihar agree to undertake such obligations toward the Association as are hereinafter set forth; and (B) By an agreement of even date herewith between the Association, Assam Agricultural University and Rajendra Agricultural University of Bihar, Assam Agricultural University and Rajendra Agricultural University of Bihar have each agreed to undertake certain obligations in respect of the carrying out of the Project; and (C) Assam and Bihar, in consideration of the Association's entering into the Development Credit Agreement with the Borrower, have each agreed to undertake the obligations hereinafter set forth; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I Definitions Section 1.01. Wherever used in this Agreement, unless the context shall otherwise require, the several terms defined in the Development Credit Agreement and in the General Conditions (as so defined) have the respective meanings therein set forth. 4 ARTICLE II Particular Covenants Section 2.01. To enable Assam Agricultural University to fulfill effectively its functions under the Assam University Agricultural Act, 1968, Assam shall cause to be transferred to Assam Agricultural University, not later than six months after the date of this Agreement or such further period as the Association may allow, all its existing agricultural research institution3 together with the facilities relating thereto. Section 2.02. Assam and Bihar shall take such steps as shall be necessary on their part, including the provision of adequate financial support, to enable the Universities to carry out their functions efficiently. Section 2.03. Assam, Bihar and the Association shall cooperate fully to assure that the purposes of the Credit will be accomplished. To that end, Assam, Bihar and the Association shall from time to time, at the request of any party to this Agreement, exchange views through their representatives with regard to the performance of their respective obligations under this Agreement and other matters relating to the purposes of the Credit. Section 2.04. Assam and Bihar shall take all action which shall be necessary on their part to enable the Universities to perform their obligations under the Project Agreement, and shall not take or permit any of their agencies to take any action which would prevent or interfere with the performance of any such obligations of the Universities. Section 2.05. Assam, Bihar and the Association shall promptly inform each other of any condition which interferes with, or threatens to interfere with, the accomplishment of the purposes of the Credit, or the performance of their respective obligations under this Agreement. ARTICLE III Effective Date; Termination; Cancellation and Suspension Section 3.01. This Agreement shall come into force and effect on the date upon which the Development Credit Agreement becomes effective. If the Development Credit Agreement shall terminate pursuant to Section 10.04 of the 5 General Conditions, the Association shall promptly notify Assam and Bihar of this event and, upon the giving of such notice, this Agreement and all obligations of the parties hereunder shall forthwith terminate. Section 3.02. This Agreement shall terminate and all obligations of Assam, Bihar and the Association hereunder shall cease and determine on the date on which the Project Agreement terminates in accordance with its terms. Section 3.03. All the provisions of this Agreement shall continue in full force and effect notwithstanding any partial cancellation or suspension under the Development Credit Agreement. ARTICLE IV Miscellaneous Provisions Section 4.01. Any notice or request required or permitted to be given or made under this Agreement and any agreement between the parties contemplated by this Agreement shall be in writing. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by hand or by mail, telegram, cable, telex or radiogram to the party to which it is required or permitted to be given or made at such party's address hereinafter specified or at such other address as such party shall have designated by notice to the party giving such notice or making such request. The addresses so specified are: For Assam: Chief Secretary to the Government of Assam Shillong Assam, India Cable address: ASSAM Shillong For Bihar: Chief Secretary to the Government of Bihar Patna Bihar, India 6 Cable address: BIHAR Patna For the Association: International Development Association 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: INDEVAS Washington, D.C. Section 4.02. Any action required or permitted to be taken, and any documents required or permitted to be executed, under this Agreement on behalf of: (i) Assam may be taken or executed by the Chief Secretary to the Government of Assam or such other person or persons as Assam shall designate in writing; and (ii) Bihar may be taken or executed by the Chief Secretary to the Govenment of Bihar or such other person or persons as Bihar shall designate in writing. Section 4.03. Assam and Bihar shall furnish to the Association sufficient evidence of the authority and the authenticated specimen signature of the person or persons who will, on behalf of Assam or, as the case may require, Bihar, take any action or execute any documents required or permitted to be taken or executed by Assam or Bihar pursuant to any of the provisions of this Agreement. Section 4.04. This Agreement may be executed in several counterparts, each of which shall be an original and all collectively but one instrument. IN WITNESS WHEREOF, the parties hereto, acting through their representatives thereunto duly authorized, have caused this Agreement to be signed 7 in their respective names and delivered in the District of Columbia, United States of America, as of the day and year first above written. THE STATE OF ASSAM By /s / L. K. Jha Authorized Representative THE STATE OF BIHAR By /s / L. K. Jha Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION By /s I.P.M. Cargill Vice President