Conformed Copy - TF028673 - Biodiversity Conservation and Management Project - Global Environment Trust Fund Grant Agreement

Page 1 CONFORMED COPY GET GRANT NUMBER TF28673 CM Global Environment Trust Fund Grant Agreement (Biodiversity Conservation and Management Project) between REPUBLIC OF CAMEROON and INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT acting as Trustee of the Global Environment Trust Fund Date May 22 , 1995 GET GRANT NUMBER TF28673 CM GLOBAL ENVIRONMENT TRUST FUND GRANT AGREEMENT AGREEMENT, dated May 22, 1995, between REPUBLIC OF CAMEROON (the Recipient) and Page 2 INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT acting as Trustee of grant funds provided by Participants of the Global Environment Facility into the Global Environment Trust Fund (GET) (the Trustee). WHEREAS: (A) the International Bank for Reconstruction and Development (the Bank) pursuant to Resolution No. 91-5 of March 14, 1991, of the Executive Directors of the Bank (the Resolution), established the Global Environment Facility consisting of the GET, Cofinancing Arrangements with the GET and the Ozone Projects Trust Fund, to assist in the protection of the global environment and promote thereby environmentally sound and sustainable economic development; (B) certain members of the Bank (the Participants) have provided resources by way of grant into the GET and the Participants have requested the Bank and the Bank has agreed, to administer such grant funds as Trustee, for the purposes of, and in accordance with, provisions of the Resolution; (C) the Recipient, having satisfied itself as to the feasibility and priority of the Project described in Schedule 2 to this Agreement, has requested assistance from the resources of the GET in the financing of the Project, and the Trustee has determined that such assistance would be in accordance with the provisions of the Resolution; (D) the Recipient has obtained, or intends to obtain, additional grants for complementary activities connected with the implementation of the Project; and WHEREAS the Trustee has agreed, on the basis, inter alia , of the foregoing, to extend the GET Grant to the Recipient upon the terms and conditions set forth in this Agreement; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I General Conditions; Definitions Section 1.01. (a) The following provisions of the General Conditions Applicable to Loan and Guarantee Agreements of the Bank, dated January 1, 1985, with the modifications set forth in paragraph (b) of this Section (the General Conditions) constitute an integral part of this Agreement: (i) Article I; (ii) Sections 2.01 (1), (2), (3), (4), (6), (8), (9), (10), (11), (15), (18) and (20), 2.02 and 2.03; (iii) Section 3.01; (iv) Section 4.01 and the first sentence of Section 4.09; (v) Article V; (vi) Sections 6.01, 6.02 (c), (d), (e), (f), (i) and (k), 6.03, 6.04 and 6.06; Page 3 (vii) Section 8.01 (b); (viii) Sections 9.01 (a) and (c), 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09; (ix) Sections 10.01, 10.03 and 10.04; (x) Article XI; and (xi) Sections 12.01 and 12.04. (b) The General Conditions shall be modified as follows: (i) a new paragraph shall be added to the end of Section 2.01 to read as follows: "the term "Special Drawing Rights" and the symbol "SDR" mean special drawing rights as valued by the International Monetary Fund in accordance with its Articles of Agreement"; (ii) the term "Bank", wherever used in the General Conditions, other than in Sections 2.01 (8) and 6.02 (f) thereof and the last use of such term in Section 5.01 thereof, means the Trustee except that in Section 6.02, the term "Bank" shall also include the International Bank for Reconstruction and Development acting in its own capacity; (iii) the term "Borrower", wherever used in the General Conditions, means the Recipient; (iv) the term "Loan Agreement", wherever used in the General Conditions, means this Agreement; (v) the term "Loan" and "loan" wherever used in the General Conditions, means the GET Grant; (vi) the term "Loan Account" wherever used in the General Conditions, means the GET Grant Account; and (vii) in Section 6.02, sub-paragraph (k) is relettered as sub-paragraph (l) and a new sub-paragraph (k) is added to read: "An extraordinary situation shall have arisen in which any further disbursement under the GET Grant would exceed the resources available for disbursement from the GET". Section 1.02. Wherever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions and in the Recitals to this Agreement have the respective meanings therein set forth and the following additional terms have the following meanings: (a) "MINEF" means the Ministry of Environment and Forestry of the Recipient; (b) "DWPA" means the Department of Wildlife and Protected Areas of MINEF; (c) "MINREST" means the Ministry of Scientific and Technical Research of the Recipient; Page 4 (d) "Reserve" means a protected area established pursuant to the existing laws and regulations of the Recipient; (e) "NEMP" means the Recipient's National Environmental Management Plan; (f) "Priority Project Sites" means the following six sites within the Borrower's territories: (i) Mt. Kilum-Ijim, (ii) Mt. Koupe, (iii) Mt. Cameroon/Etinde, (iv) Campo-Ma'an, (v) Savannah Ecosystem including inter alia Faro, Benoue and Bouba Ndjidda National Parks, and (vi) Southeastern Region including inter alia Lobeke, Boumba-Bek and Nki sites; the last three sites (iv), (v) and (vi) being defined in the Recipient's Arr