Conformed Copy - C1912 - National Livestock Project - Dutch Grant Agreement

Page 1 CONFORMED COPY DUTCH GRANT RELATED TO CREDIT NUMBER 1912 CD Dutch Grant Agreement (Chad - National Livestock Project) between REPUBLIC OF CHAD and INTERNATIONAL DEVELOPMENT ASSOCIATION as Administrator of Dutch Funds provided by the MINISTER FOR DEVELOPMENT COOPERATION OF THE NETHERLANDS Dated February 21, 1990 DUTCH GRANT RELATED TO CREDIT NUMBER 1912 CD DUTCH GRANT AGREEMENT AGREEMENT, dated February 21, 1990, between REPUBLIC OF CHAD (the Grantee) and INTERNATIONAL DEVELOPMENT ASSOCIATION acting as Administrator (the Administrator) of the Dutch Grant (as hereinafter defined) provided by the Minister for Development Cooperation of the Netherlands (the Minister). WHEREAS the Grantee has requested the assistance of the International Development Association (the Association) and of the Minister in the financing of the National Livestock Project (the Project) described in Schedule 2 to the Development Credit Agreement No. 1912 CD dated July 5, 1988 between the Grantee and the Association (the Development Credit Agreement); WHEREAS the Association has granted a Credit for this purpose on the terms and conditions set forth in the Development Credit Agreement; WHEREAS the Minister wishes to make available to the Grantee a grant in the amount of three million six hundred ninety thousand Dutch Guilders (the Dutch Grant) to assist the Grantee in carrying out the Project on the terms and conditions hereinafter set forth; WHEREAS by arrangements dated December 11, 1986 between the Minister, the International Bank for Reconstruction and Development and the Association (the Arrangements), the Minister has requested the Page 2 Association, and the Association has accepted, to administer, inter alia, the Dutch Grant in accordance with the provisions of the Arrangements; and WHEREAS the Grantee acknowledges that the financial assistance extended to the Grantee under this Dutch Grant Agreement shall be considered as part of the bilateral development aid extended by the Government of the Netherlands to the Grantee; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I General Conditions; Definitions Section 1.01. The General Conditions Applicable to Development Credit Agreements of the Association, dated January 1, 1985 (the General Conditions) constitute an integral part of this Agreement subject, however, to the following modifications thereof: (a) the term "Association", wherever used in the General Conditions, means the International Development Association acting as Administrator of the Dutch Grant pursuant to the Arrangements, except in the phrase "member of the Association" in Sections 2.01 (5), 4.02 (b) and 6.02 (e); (b) the term "Development Credit Agreement", whenever used in the General Conditions, means this Agreement; (c) the term "Credit", whenever used in the General Conditions, means the Dutch Grant extended to the Grantee under this Agreement; (d) the term "Credit Account", whenever used in the General Conditions, means the Dutch Grant Account, the account opened by the Administrator in its books in the name of the Grantee to which the amount of the Dutch Grant is credited; (e) in Section 6.02 the term "Association" shall also include the International Development Association acting in its own capacity; (f) Section 9.06 (c) shall be modified to read: "(c) Not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Grantee and the Administrator, the Grantee shall prepare and furnish to the Administrator a report, of such scope and in such detail as the Administrator shall reasonably request, on the execution of the Project referred to in the Preamble to the Dutch Grant Agreement, the performance by the Grantee and the Administrator of their respective obligations under the Dutch Grant Agreement and the accomplishment of the purposes of the Dutch Grant"; and (g) Sections 3.02, 3.03, 3.04, 3.05, 4.01, 4.02, 4.03, 4.04, 4.06, 6.05, 7.01, 8.01 (a), 12.02 and 12.05 are deleted. Section 1.02. Wherever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions and in the Preamble to this Agreement and in the Development Credit Agreement have the respective meanings therein set forth, and the terms "Dutch Guidlers" and "Dfls" mean the currency of the Netherlands. ARTICLE II The Grant Section 2.01. The Administrator agrees to extend to the Grantee, on the terms and conditions herein set forth or referred to, a grant in an amount of three million six hundred ninety thousand Dutch Guilders (Dfls 3,690,000). Section 2.02. The proceeds of the Dutch Grant may be withdrawn from the Dutch Page 3 Grant Account in accordance with the provisions of the Schedule to this Agreement, as such Schedule may be amended from time to time by Agreement between the Grantee and the Administrator. Section 2.03. (a) Except as the Administrator shall otherwise agree, contracts for goods and services to be financed out of the proceeds of the Dutch Grant shall be procured in accordance with the provisions of Schedule 3 to the Development Credit Agreement which is hereby incorporated into this Agreement with the same force and effect as if it were fully set forth herein, it being understood that the references in said Schedule to the "Association" and the "Credit Account" shall be deemed to be references to the Association acting as Administrator of the Dutch Grant and the Dutch Grant Account, respectively. (b) If the Administrator shall have reasonably determined that the procurement of any item is inconsistent with the procedures set forth or referred to in paragraph (a) above, no expenditures for such item shall be financed out of the proceeds of the Dutch Grant, and the Administrator may, without in any way restricting or limiting any other right, power or remedy of the Administrator under this Agreement, by notice to the Grantee, cancel such amount of the Dutch Grant as, in the Administrator's reasonable opinion, represents the amount of such expenditures which would otherwise have been eligible for financing out of the proceeds of the Dutch Grant. Section 2.04. The Closing Date shall be December 31, 1995 or such later date as the Administrator shall establish. The Administrator shall promptly notify the Grantee of such later date. ARTICLE III Execution of the Project Section 3.01. Except as otherwise expressly provided herein, Articles III and IV of the Development Credit Agreement are hereby incorporated into this Agreement with the same force and effect as if they were fully set forth herein, it being understood that all references in said Articles III and IV to "the Association" shall be deemed to be references to the Administrator of the Dutch Grant under this Agreement and all references to the "Credit" and the "Credit Account" shall be deemed to be references to the Dutch Grant and the Dutch Grant Account, respectively. ARTICLE IV Representation; Transfer of Rights and Obligations Section 4.01. The Minister of the Grantee responsible for Planning shall be the representative of the Grantee for the purposes of Section 11.03 of the General Conditions. Section 4.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Grantee: Ministere du Plan et de la Cooperation B.P. 286 N'Djamena Republic of Chad Cable address: Telex: MINPLAN 5329 KD N'Djamena For the Administrator: International Development Association Page 4 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: Telex: INDEVAS 440098 (ITT) Washington, D.C. 248423 (RCA) or 64145 (WUI) Section 4.03. In accordance with the Arrangements, the rights and obligations of the Administrator under this Agreement may be transferred to the Minister. The Grantee accepts and agrees that, upon notice by the Administrator to the Grantee to that effect, the Minister shall, ipso facto, from the date specified in such notice, be substituted in all rights and obligations of the Administrator under this Agreement as if the Minister had been an original party to this Agreement, without any further action or formality required on the part of any party, and from such date the Administrator shall cease to have any rights or obligations as a party under this Agreement. ARTICLE V Effectiveness Section 5.01. This Agreement shall become effective as of the date first above written and shall continue in effect until the Dutch Grant has been fully disbursed and the parties to this Agreement have fulfilled their obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto, acting through their representatives thereunto duly authorized, have caused this Agreement to be signed in their respective names in the District of Columbia, United States of America, as of the day and year first above written. REPUBLIC OF CHAD By /s/ Mahamat Ali Adoum Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION as Administrator of the Dutch Grant By /s/ Edward V.K. Jaycox Regional Vice President Africa SCHEDULE 1 Withdrawal of the Proceeds of the Dutch Grant 1. The table below sets forth the Categories of items to be financed out of the proceeds of the Dutch Grant, the allocation of the amounts of the Dutch Grant to each Category and the percentage of expenditures for items so to be financed in each Category: Amount of the Grant Allocated % of (Expressed in Expenditures Page 5 Category Dfls) to be Financed (1) Technical 1,500,000 100% Assistance (2) Local and 130,000 100% overseas training (3) Vehicles, 200,000 100% material and equip- ment (4) Vehicles 610,000 100% repair and maintenance costs, and supplies (5) Services (aerial 900,000 100% surveys, feed analysis, studies) (6) Unallocated 350,000 TOTAL 3,690,000 2. Notwithstanding the provisions of paragraph 1 above, no withdrawals shall be made in respect of payments made for expenditures prior to the date of the Development Credit Agreement or for goods not eligible under the Development Credit Agreement.