Conformed Copy - C1901 - Road Reconstruction Project - USAID Grant Agreement

Page 1 USAID GRANT RELATED TO CREDIT NUMBER 1901 CD USAID Grant Agreement (Chad - Road Reconstruction Project) between REPUBLIC OF CHAD and INTERNATIONAL DEVELOPMENT ASSOCIATION as Administrator of Funds provided by the AGENCY FOR INTERNATIONAL DEVELOPMENT OF THE UNITED STATES OF AMERICA Dated March 21, 1989 USAID GRANT RELATED TO CREDIT NUMBER 1901 CD USAID GRANT AGREEMENT AGREEMENT, dated March 21, 1989, between REPUBLIC OF CHAD (the Grantee) and INTERNATIONAL DEVELOPMENT ASSOCIATION acting as Administrator (the Administrator) of the USAID Grant (as hereinafter defined) provided by the Agency for International Development of the United States of America (USAID). WHEREAS the Grantee has requested the assistance of the International Development Association (the Association) and of USAID in the financing of the Road Reconstruction Project described in Schedule 2 to the Development Credit Agreement No. 1901 CD, dated July 5, 1988, (the Project) between the Grantee and the Association (the Development Credit Agreement), as amended; WHEREAS the Association has granted a Credit for this purpose on the terms and conditions set forth in the Development Credit Agreement; WHEREAS USAID wishes to make available to the Grantee a grant in the amount of five million five hundred thousand dollars ($5,500,000) (the USAID Grant) to assist the Grantee in financing the construction of the Djermaya - Dandi road (Part C of the Project) on the terms and conditions hereinafter set forth; and WHEREAS by arrangements dated November 9, 1988, between USAID and the Association (the Arrangements), USAID has requested the Association, and the Association has accepted, to administer, inter alia, the USAID Grant in accordance with the provisions of the Arrangements; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I General Conditions; Definitions Page 2 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 USAID 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 USAID Grant extended to the Grantee under this Agreement; (d) the term "Credit Account", whenever used in the General Conditions, means the USAID Grant Account, the account opened by the Administrator in its books in the name of the Grantee to which the amount of the USAID Grant is credited; (e) in Section 6.02 the term "Association" shall also include the International Development Association acting in its own capacity; and (f) 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, in the Preamble to this Agreement and in the Development Credit Agreement have the respective meanings therein set forth. ARTICLE II The Grant Section 2.01. The Administrator agrees to extend to the Grantee, on the terms and conditions set forth or referred to, a grant in an amount of five million five hundred thousand dollars ($5,500,000). Section 2.02. The proceeds of the USAID Grant may be withdrawn from the USAID Grant Account for expenditures made (or, if the Administrator shall so agree, to be made) in respect of the reasonable cost of goods and services required for Part C of the Project and made after the date set forth in paragraph 2 of Schedule 1 to the Development Credit Agreement. Section 2.03. The Closing Date shall be December 31, 1990, 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 USAID Grant under this Agreement and all references to the Credit shall be deemed to be references to the USAID Grant. ARTICLE IV Representation; Transfer of Rights and Obligations Section 4.01. The Minister of the Grantee responsible for Planning and Cooperation shall be the representative of the Grantee for the purposes of Section 11.03 of the General Conditions. Page 3 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 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 USAID. The Grantee accepts and agrees that, upon notice by the Administrator to the Grantee to that effect, USAID 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 USAID 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 USAID 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/ Soumaila Mahamat Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION as Administrator of the USAID Grant Page 4 By /s/ Michael Gillette Acting Regional Vice President Africa