Conformed Copy - L3630 - Technical Assistance (Private Power Development) Project - Japanese Grant Agreement

Page 1 CONFORMED COPY Japanese Grant Agreement (Technical Assistance (Private Power Development) Project) between INDIA and INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT as Administrator of Grant Funds provided by the GOVERNMENT OF JAPAN Dated March 15, 1994 JAPANESE GRANT AGREEMENT AGREEMENT, dated March 15, 1994, between INDIA, acting by its President (the Recipient) and the INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (the Bank) acting as Administrator (the Administrator) of grant funds provided by the GOVERNMENT OF JAPAN (Japan). WHEREAS (A) pursuant to a letter agreement dated July 30, 1990 between Japan and the Bank and International Development Association (the Association), Japan has requested the Bank and the Association, and the Bank and the Association have agreed, to administer grant funds to be made available by Japan for the financing of certain programs and projects supported by the Bank and the Association, as the case may be, in accordance with the provisions of such letter agreement; WHEREAS (B) Japan has agreed to make available to the Recipient a grant (the Grant) out of said grant funds to finance the cost of carrying out the technical assistance described in Schedule 2 to this Agreement (the Technical Assistance) on the terms and conditions hereinafter set forth; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I General Conditions; Definitions Section 1.01. The General Conditions Applicable to Loan and Guarantee Agreements Page 2 of the Bank, dated January 1, 1985 (the General Conditions) constitute an integral part of this Agreement, subject, however, to the following modifications thereto: (a) the term "Bank," wherever used in the General Conditions, other than in Sections 2.01 (8) and 6.02 (f) thereof, means the International Bank for Reconstruction and Development acting as Administrator of the Grant pursuant to the letter agreement between Japan and the Bank referred to in Recital (A) of this Agreement, except that in Section 6.02, the term "Bank" shall also include the International Bank for Reconstruction and Development acting in its own capacity; (b) the term "Borrower," wherever used in the General Conditions, means the Recipient; (c) the term "Loan Agreement," wherever used in the General Conditions, means this Agreement; (d) the term "Loan," wherever used in the General Conditions, means the Grant; (e) the term "Loan Account," wherever used in the General Conditions, shall be amended to read the Grant Account; (f) the term "Project," wherever used in the General Conditions, means the technical assistance described in Schedule 2 to this Agreement; (g) Section 4.01. shall be modified to read: "Withdrawals from the Grant Account shall be made in yen; provided, however, that if the expenditures to be financed out of the proceeds of the Grant have been paid or are payable in another currency, the Administrator shall, at the request of the Recipient, purchase such currency with the proceeds of such withdrawal."; (h) Sections 2.01 (5), (7), (12), (13), (14), (15), (16), (17) and (19), 3.02, 3.03, 3.04, 3.05, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 6.02 (a)(i), 6.02 (g), 6.02 (h), 6.05, 6.07, 7.01, 8.01 (a), 9.01 (b), 9.02, 9.03, 10.02, 12.01, 12.02, 12.03, 12.04 and 12.05 are deleted; (i) the second and third sentences of Section 4.09 are deleted; and (j) all references to "the Guarantor," wherever such term is used in the General Conditions, shall not apply to this Agreement. Section 1.02. Wherever used in this Agreement, unless the context otherwise requires: (a) the several terms defined in the General Conditions and in the Recitals to this Agreement have the respective meanings therein set forth; and (b) the terms "yen" and "