LAW No. 79 of 23 December 1991 on ratifying loan agreement between Romania and the International Bank for reconstruction and development, concluded in Washington on 7 October 1991, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 267 of 31 December 1991 the Parliament of Romania adopts this law.
Ratify the loan agreement between Romania and the International Bank for reconstruction and development, concluded at Washington on October 7, 1991.
This law was adopted by the Chamber of deputies at its meeting on 18 December 1991, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES This MARTIAN DAN law was adopted by the Senate at its meeting of 20 December 1991, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU 3409 RO LOAN AGREEMENT (project for the rehabilitation of the health sector) between Romania and the International Bank for reconstruction and development agreement, dated 7 October 1991 (loan) between Romania and the International Bank for reconstruction and development (Bank) taking into consideration that the borrower, convingîndu in terms of feasibility and priority of the project described in the annex. 2 of this agreement, the Bank has asked the project funding assistance, taking into consideration that the Bank has agreed, on the basis, inter alia, of the aforementioned, to grant a loan to a borrower under the terms and conditions set forth in this agreement, the parties above mentioned thereby agreed, in consequence, as well as follows: Article 1 General conditions; Section 1.01 definitions-"General conditions applicable to loan and guarantee agreements" of the Bank, dated 1 January 1985, as amended below (General conditions) constitute an integral part of this agreement: (a) the last sentence of the section) 3.02 it wipe.
b) in section 6.02, sub-paragraph k) is rewritten as (1) and a new subparagraph (k)) is added, as follows: "an extraordinary situation) will be appeared, under which any additional loan drawdown will be inconsistent with the provisions of article III, section 3 of the agreement with the Bank."
Section 1.02-context does not require otherwise, the terms defined in the General conditions have the respective meanings exhibited there, and the following additional terms have the following meanings: a) "MOH" means the Ministry of health of the borrower;
b) "MCH" means the Directorate for maternal and child health of the Ministry of health (Directorate-General for the assistance of the mother, child and adolescent);
c) "IMCA" means the Institute of mother, child and adolescent of the borrower;
d) "dispensary" means primary health care unit;
e) means "PCU" project coordination unit established within the Ministry of health, which will be maintained in accordance with the provisions of part A of the annex. 5 of this agreement;
) ' EPSEU ' means the unit of family planning and sex education, established within the Directorate General for assistance to the mother, child and adolescent;
) ' PBNS ' means staff training centre for medical environment in Bucharest;
h) "Management Committee" means the Committee of coordination of the borrower for strategy papers for reform;
I) "HSMI" means the National Institute of health services and the management of the Ministry of health;
j) "SHSM" means school of health systems and management, which will be established within the framework of HSMI, part B (3);
) ' NCHPE ' means the National Center for health promotion and health education, which will be established in accordance with part (6);
l) "RHC" means a health centre of human reproduction in the health assistance system of Ministry of health;
m) "soft" means the Ministry of industry of the borrower;
n) "special account" means the account referred to in section 2.02 b) of this agreement, and a "square) interbank rate" means the rate of current currency exchange rate for the borrower, fixed periodically, in compliance with the provisions of law No. 15/1990 of the borrower.
Article 2 the loan Section 2.01-Bank agrees to lend to the borrower, terms and conditions displayed or referred to in the loan agreement, various currencies which will have a value equivalent to the amount of load summed up one hundred and fifty million dollars ($ 150,000,000), which represent the sum of loan drawdowns, with each shot takes into account the Bank evaluated of the date of drawdown.
Section 2.02) the amount of the loan can be drawn from the loan account in accordance with the provisions of the annex. 1 to this agreement, for the expenses made (or to be made, if the Bank agrees) the reasonable cost of related goods and services required for the project as described in annex 4. 2 of this agreement, and which is to be financed by the loan.
b) Borrower will open, for the destinations project, and will maintain a deposit account in dollars (or other convertible currencies, in agreement with the Bank) at a Bank, the terms and conditions satisfactory to the Bank, including adequate protection against damage, popririlor or seizure. Deposits and payments in and out of the special account shall be made in accordance with the provisions of the annex. 6 of this agreement.
Section 2.03-expiration date will be 30 June 1996 or later date it, as it will determine the Bank. The Bank will notify you promptly of that Borrower's deferral of the date.
Section 2.04-the borrower will pay the Bank a fee for non-use at the rate of three-fourths of a percentage point (3/4 of 1%) per year in the capital of the borrower netras periodically.
Section 2.05-a) Borrower will pay interest on the loan capital and periodically fired at a nerambursat rate, for each call the period of interest, with the cost of qualifying loans versus the previous semester determined plus one-half of one percentage point (1/2 of 1%). At each of the particulars specified in section 2.06 of the agreement, the borrower will pay interest of unused capital accumulated during the previous interest, calculated at the rate applicable during that period of interest.
b) as soon as possible after the end of each semester, the Bank shall notify the borrower the cost of qualifying loans determined for that semester.
c) for the purposes of this section: (i) "interest period" means a period of six months, ending on the date immediately prior to each date specified in section 2.06 of the agreement, beginning with the period of interest in which this agreement is signed;
(them) "the cost of qualifying loans" means cost as determined reasonably by the Bank and expressed as a percentage per annum of the outstanding bank loans, committed after 30 June 1982, excluding those loans or part thereof allocated by the Bank to fund: (A) Investment Bank and (B) the loans that may be made by the Bank after 1 July 1989, with interest to be determined otherwise than is described in paragraph a of this section;)
(iii) "semester" means the first 6 months or 6 months of the following calendar year.
d) at that time, which may be specified by the Bank through the borrower's notice with a notice not less than 6 months), subparagraphs b and c)) (iii) of this section shall be worded as follows: "(a) the borrower will pay interest on the portion of the loan drawn and non-refundable amounts periodically at a rate for each quarter, equal to the cost of qualifying loans determined for the preceding quarter, plus one-half of one percentage point (1/2 of 1%). At each of the particulars specified in section 2.06 of the agreement, the borrower will pay cumulative interest for the non-refundable amounts corresponding to the period of interest calculated at the previous rate, during this period of interest ".
"(b) as soon as possible the implementation of the practice, after the end of each quarter, the Bank shall notify the Borrower of the loan will cost qualified for that quarter.
"(c) (iii)" quarter "means a period of three months starting January 1, April 1, July 1 or October 1 in any calendar year."
Section 2.06-Interest and other costs, will be payable semiannually on June 1 and December 1 of each year.
Section 2.07-the borrower will repay the loan in accordance with the chart of depreciation in annex 4. 3 of this agreement.
Article 3 Enforcement project Section 3.01) the borrower or its declared commitment to the objectives of the project are as set out in the annex. 2 of this agreement and, to this end, the project will be realized through the Ministry of health and the Ministry of industry with attention and efficiency thereof, in accordance with the practices of public health, specific administrative and financial and will ensure, expeditiously, funds, facilities, services and other resources required for the project.
b) without limiting the provisions of paragraph a) of this section and unless the borrower and the Bank shall otherwise agree, the borrower will carry out the project in accordance with the implementation schedule in annex 4. 5 of this agreement.
Section 3.02-unless otherwise agreed by the Bank, purchase of goods and services of consultants required for the project and which will be financed by the loan shall be governed by the provisions of the annex. 4 of this agreement.
Article 4 financial Clauses and others
Section 4.01) Borrower will you or will result in keeping the obvious and appropriate accounts to reflect, in accordance with the prevailing accounting practices, operations, resources and expenditures related to the project of the departments or agencies responsible for carrying out the project of the borrower of any part thereof.
b) Borrower: (i) keep records and accounts referred to in paragraph a) of this section, incluzindu them on the account for each fiscal year for which it has been conducted, accounting expertise in accordance with proper accounting principles applied consistently by independent accounting experts, acceptable for the Bank.
(them) will provide to the Bank as soon as it is available, but in any case not later than 6 months after the end of each year, this report surveys done by accounting experts acknowledge, given the coverage and details on which Bank you will be reasonably required; and (iii) provide any Bank information periodically regarding evidence and accounts, as well as expertise, as will reasonably ask the Bank.
c) for all expenses for which were made at the expense of loan drawdown, on the basis of supporting documents, subject to: (i) you or will result, in keeping with the paragraph a) of this section, for obvious and accounts reflecting such expenditure;
(them) will keep for at least another year after the Bank received the expertise report for the fiscal year in which the last drawing was made from the loan account, all documents (contracts, orders, invoices, transport documents, receipts and other documents), emphasizing, such expenses;
(iii) allows you to examine the Bank's representatives, those documents; and (iv) ensure that these obvious and accounts to be included in the annual expertise referred to in paragraph b) of this section and of procuring the report to contain a separate opinion of Chartered Accountants referred to, stating that the statements of expenditure submitted during the fiscal year concerned, as well as the procedures and internal controls involved in their preparation , can guarantee the accuracy of firing to which it refers.
Section 4.02-Borrower: a) will prepare and review together with the Bank, up to 30 September 1992, a marketing plan and distribution for contraception and b) will adjust the fees charged by health care institutions of the borrower for the realization of interventions of the task and will take other appropriate measures, all intended to make the use of contraceptives to become, from a financial standpoint , a favorite alternative for family planning.
Section 4.03-a) Borrower: (i) will guarantee that all drugs purchased under part A (4) of the project to be sold to medical institutions and pharmacies of the borrower at least their price (CIF) turned into currency of the borrower at the market exchange rate, plus a suitable margin distribution and () will complete the national nomenclature of drugs for the pharmaceutical sector public until 1 March 1992.
b) regarding paragraph a) of this section, the term "market exchange rate" means the average interbank rate during the calendar month preceding the date of payment by the borrower for drugs purchased under part A (4) of the project or any other market exchange rate published to date that payments by the Central Bank of the borrower and acceptable to the Bank.
Article 5 entry into force; Termination Section 5.01-Next event is specified as a condition for the entry into force of the loan agreement, within the meaning of those referred to in section 12.01 c) of the General conditions, namely that the project coordination unit was framed in accordance with the provisions of paragraph (1) of the annex. 5 of this agreement.
Section 5.02-Term of 90 days after the date this agreement is specified for purposes of section 12.04 of the "General conditions".
Article 6 the borrower's Representative; Addresses Section 6.01-Minister of economy and Finance of the borrower is designated as the representative of the borrower for the purposes of section 11.03 of the "General conditions".
Section 6.02-specifies the following addresses for the purposes of section 11.01 of the "General conditions": For Loan: Ministry of economy and finance str. Doamnei nr. Bucharest Romania 8 telegraphic and Telex Address the Ministry of economy and finance for the Bank Bucharest MINFIN 11239: International Bank for reconstruction and Development/1818 H Street, N.w.a.
Washington, D.C. 20433 United States of America telegraphic address Telex INTBAFRAD 197688 (TRT) Washington, D.C. 248423 (RCA) 64145 (WUI) or 82987 (FTCC) for the certification of the above, the Parties present, through authorized representatives according to the procedure, have agreed that the agreement should be signed on behalf of the District of Colombia, S.U.A., on the day mentioned at the beginning of the year.
ROMANIA through authorised representative v. Carlson INTERNATIONAL BANK for RECONSTRUCTION and DEVELOPMENT through regional Vice President Europe, Middle East and North Africa, h. Kohli Annex 1 PULLING FROM LOAN 1. The table below shows the categories of items that will be financed by the loan, loan allocation amounts for each category and the percentage of expenditure financed for each category: Loan Amount allocated to Category (expressed in equivalent dollars)% of expenditure to be financed (1): 100% of the costs of currency) 76,000,000 100% of medical costs (the cost of the factory) b) , materials, spare parts and vehicles 45,000,000 (2) Advisory services and training of 9,000,000 100% in foreign currency (3) TOTAL Unallocated 150,000,000 2 20,000,000. For the destinations of this Annex: (a) the expenses) the term "foreign currency" means currency expenses of any countries other than that of the borrower, for goods or services provided from the territory of other countries than that of the borrower: a and b) the term "expenses" means expenses in local currency of the borrower or for goods or services provided from the territory of the borrower.
3. without prejudice to the provisions of paragraph 1 above, will not be made any kind of fire-related payments for expenditures prior to the date of this agreement, with the exception of the NDRC, whose total amount may not exceed the equivalent of USD 10,000,000 that can be performed on behalf of payments for expenditure made prior to the date of signing the agreement, but after April 30, 1991.
Annex 2-PROJECT DESCRIPTION project objectives are the rehabilitation and the modernization of the system of the borrower to provide primary health care and initiation of a major reorganization of the management, organization and financing of the health sector.
The project consists of the following parts, likely to be modified periodically as Borrower may agree or the Bank to achieve these objectives: part a: primary health care (1) rehabilitation of approximately 420 health centres in rural areas and providing for this purpose equipment and dental materials, clinical education, specialists and services exchanges.
(2) Improving service assistance for reproductive health, through: (a) the provision of) I.O.M.C.: (i) equipment for intensive care unit (high risk pregnancies and neonatal) and the Center for cancer and for the preparation of general medicine doctors, midwives and nurses and (them) scholarships for training instructors and specialists, for public communications and leadership;
(b)) the provision of audio-visual equipment and technical assistance and training grants for family planning and sex education (EPSEU);
c) providing: (i) equipment, educational materials and training for 10 centers of reproductive health;
() minor equipment and renovation works for opening or upgrading of approximately 230 reproductive health centres in the district and municipal hospitals and clinics;
(iii) technical assistance in order to develop training materials and specialized training for physicians, and (iv) contraceptives;
d) upgrading the capacity of diagnostic and curative of about 50 territorial units (maternity hospitals), including the provision of equipment and training.
(3) Improving the preparation and in the workplace for nurses and physicians: a) providing, for staff training, technical assistance, scholarships, training equipment and programs for the development of training programmes;
b) providing audio-visual materials and teaching aids and equipment for approximately 41 schools; and (c)) the provision of equipment and training, scholarships and technical assistance for improving doctors ' improvement.
(4)) the provision of: (i) basic medicines and other medical supplies;
(them) to ensure the continuous production of vaccines and blood products, and (iii) technical assistance, equipment and materials to support the regional distribution systems for medical supplies in stock management, storage, distribution and accounting;
b) the preparation of a strategic plan for the restructuring and rehabilitation of the domestic pharmaceutical industry, according to a comprehensive study.
(5) Improving emergency services by providing: (a) communication equipment for) about 60 health centres; b) ambulances and spare parts for emergency transport system the County and c) assistance technique in reviewing emergency transport system at the county level.
(6) Improving health awareness and participation of the population to medical care, by: a) the establishment of the Institute of hygiene and public health in Bucharest of a National Centre for health promotion and health education and providing for this: (i) professional development scholarships;
() technical assistance for management, monitoring and evaluation, and (iii) the equipment for producing materials for health promotion and training;
b) providing scholarships and office equipment for medical ethics unit that will be established at the Ministry of health;
(c) measures for) promoting health at the county level, including: (i) training programmes for personnel working in county health education laboratories;
() the provision of equipment for these laboratories for producing materials for health promotion and health education at the local level;
(d) the establishment of a Fund) supporting local groups and non-governmental initiatives for health promotion; (e) providing technical assistance), fellowships, equipment and materials for the promotion of environmental health.
Part b: restructuring of funding in the health sector (1) Preparing and starting a new national health strategies, including: a) the studies of health policy development and, on this basis, proposals for reform;
(b) the preparation by the Committee), assisted by experts, of a plan for the implementation of these reforms, broken down into time, including specification of the request for resources for this purpose;
c) realization of a pilot programme of decentralisation for 2 years, in four counties, including provision for technical assistance to these countries in the preparation and implementation of their action plans for ensuring medical care, scholarships for medical equipment management units and material and d) introduction of new operational procedures for the decentralization of the management system of medical services.
(2) the development of a national health information system, including the provision of technical assistance, training and equipment required for this operation.
(3) the setting up, within the framework of the Institute of health services and management, the school of health systems and management, which will be responsible for the training of leadership in health and the provision of scholarships and the equipment to do this.
The project will be ended on 31 December 1995.
AMORTIZATION CHART annex 3 Date payment principal Payment amount (expressed in dollars) *) every June 1 and December 1 and June 1, 1997 until December 1, 2008 6,250,000 Note *) figures in this column represents the dollar equivalent determined according to the data. (See "General conditions", sections 3.04 and 4.03).
FIRST REIMBURSE under section 3.04 b) of "General conditions", the first refund to pay any installments of capital which shall be reimbursed in advance will be below the specified percentage for the anticipated refund.
Reimbursement anticipated First interest rate (expressed as a percentage per year) applicable on the date of repayment of the loan multiplied by anticipated: Not more than 3 years before maturity 0.18 over 3 years but not more than 6 years before maturity 0.35 more than six years but not more than 11 years before maturity 0.65 for more than 11 years but not more than 13 years before maturity more than 0.88 13 years before maturity 1.00 annex 4 PROCUREMENT CONSULTANTS and SERVICES Section i: procurement of goods part a: international competitive Tender 1. Excepţind the provisions of part C, the goods will be procured under contracts awarded in accordance with the procedures laid down in sections I and II of the "directives for procurement of goods under credit loans and I.D.A. B.I.R.D." published by the Bank in May 1985.
2. The borrower shall establish arrangements satisfactory to the Bank with the United Nations Children's Fund (UNICEF), UNICEF will act as the agent of the borrower for the procurement of drugs and medical supplies, in accordance with the procedures referred to in paragraph 1 of this part.
Part b: preference for domestic manufacturers In buying goods in accordance with the procedures described in part A, section 1, goods manufactured in Romania may grant a margin of preference, as described in paragraphs 2.56 2.55 onwards and directives and paragraphs 1 to 4 of apendixului No. 2.
Part c: other procedures of purchasing 1. Medicines and equipment which are to be found in UNICEF may be provided directly by UNICEF of the borrower under agreements and terms and conditions satisfactory to the Bank.
2. The components of the equipment, drugs, or contraceptive materials estimated to coste no more than the equivalent of $ 200,000 per contract, up to a total amount not exceeding the equivalent of $ 15,000,000, may be procured under contracts awarded on the basis of the comparison of data suppliers, prices listed in a list of at least three suppliers in at least two different countries eligible under the directives in accordance with procedures acceptable to the Bank.
3. a) programs and educational materials to total estimated cost equivalent to no more than 2,700,000 $ b) spare parts needed, compatible with existing equipment, estimated to cost a total equivalent of not more than $ 3,000,000 and c) patented medicines and contraceptives to total estimated cost equivalent to no more than $ 4,900,000 may be procured under contracts to be concluded with the respective suppliers terms and conditions acceptable to the Bank.
Part D: review the decisions of purchasing 1. Review of the proposed auction, adjudecarilor and final contracts: a) in respect of each contract estimated to coste equivalent of $ 200,000 or more, apply the procedures set out in paragraphs 2 and 4 of the apendixului No. 1 to the directive. Where payments for such a contract will have to be made from the special account, these procedures will be amended to ensure that the two copies of the contract, as required by the Bank, in accordance with paragraph 2 (d)), will be supplied by the transfer of the first payment from the special account with respect to that contract;
b) in respect of every contract neguvernat of the preceding paragraph shall apply the procedures set out in paragraphs 3 and 4 of the apendixului No. 1 of the directives. Where payments for such contracts will have to be made from the special account, the said procedures will be amended to ensure that the two copies of the contract, together with any other information required by the Bank, in accordance with paragraph 3, shall be supplied as part of the proof to be submitted in accordance with paragraph 4 of the annex. 6 of this agreement.
(c) the provisions of the preceding subparagraph (b))) does not apply to contracts on behalf of which the Bank has authorized drawdown on the basis of declarations of expenditure.
2. The figure of 15% is specified for the destination paragraph 4 of the apendixului No. 1 of the directives.
Section II: Hiring of consultants to assist the borrower in completion of the project, the borrower will employ or will make the Ministry of health or the Ministry of industry to hire consultants, whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Bank. These consultants will be selected in accordance with the principles and procedures as satisfactory for the Bank on the basis of "Directives for the use of consultants by World Bank borrowers and by the World Bank as agent executanta", published by the Bank in august 1981.
Annex 5, schedule of implementation of the project the Ministry of health. coordination will coordinate the implementation of the project through the project coordination unit (PCU) to be established and maintained within the or and, to this end: (1) ensure that the employment of PCU to include at least one project coordinator, a specialist in procurement, an accountant and a Secretary; and (2) will assign the project coordination Unit the responsibility for coordination of procurement of goods and services within the project, maintaining the accounting and the preparation of its draft revision, as well as liaison with the Bank, for the purpose of administering and monitoring the project.
B. project implementation (1) Borrower will determine the Health Ministry:
the appropriate classification) to ensure the establishment of family planning and sex education until 31 December 1991; b) to prepare, in the context of the terms of reference satisfacatori for the Bank, and to provide the Bank, for review and comment until 1 July 1992, a professional development plan for nurses and to initiate the implementation of the plan until 1 January 1993, taking into account its observations on the Bank.
(2) the borrower will determine the Health Ministry to assign its human resources Division two professionals with high qualifications and experience to be responsible for the preparation of part (3) of the project.
(3) the borrower shall determine: (a) Ministry of industry) to prepare, in the context of the terms of reference for the Bank satisfacatori, and revise together with the Bank, until 31 December 1992, the strategic plan for the pharmaceutical industry, to which reference is made in part (4) (b)), to include a phase-out period for its implementation; and (b)) based on this review, to begin implementation of this plan.
(4) the borrower will determine the Health Ministry, until 31 December 1992: a) to organize and to form part of the National Center for health promotion and health education in a manner satisfactory to the Bank;
b) to prepare, in the context of the terms of reference for the Bank satisfacatori and Bank to provide for review, a plan for the implementation of the measures contained in part (6) b), c) and (d)); and c) in consequence, to realize this plan taking into consideration the observations at this Bank.
(5) the borrower will determine the Health Ministry: a fill in), the terms of reference for the Bank satisfacatori, studies in which reference is made in section B (1)) of the project and to prepare, on the basis of their proposals for reform in the field of health policy that is referenced in the called part B (1); and b) revise these proposals together with the Bank until 31 December 1992, to prepare, on the basis of this review, until July 1, 1993, a programme of action for the implementation of these proposals, including a phased program.
(6) the borrower will determine the Health Ministry: a) to introduce, in a manner satisfactory to the Bank, until 31 December 1991, operational procedures to which reference is made in section B (1) d) project for decentralization of managerial system for health services;
(b) implementation of the programme) to begin the pilot referred to in part B (1) (c)), until January 1, 1992, and to provide reports on the evolution of Bank semianuale this program;
c) to prepare, in the context of the terms of reference satisfacatori for the Bank, and to provide the Bank, for comments until 31 December 1993, a report that reported on this Board and taking a plane for its introduction nationally; and (d)) to start, in consequence, the implementation of this plan, taking into account its observations on the Bank.
(7) the borrower will determine the Health Ministry until 1 March 1992: a) ensure proper attestation for School curriculum and graduates of health systems and management, and b) to prepare, in the context of the terms of reference for the Bank satisfacatori, and revise a system of Bank incentives designed to attract qualified people by driving the health careers.
C. determine the borrower Reports Ministry of health: a) to prepare and provide reports to Bank semianuale, in form and content satisfactory to the Bank, on the State of application of the project and reported on the annual reports, on the basis of satisfacatori for the Bank, the impact of the project; and (b)) to undertake together with the Bank, in June 1993, an overhaul of the project mid-term.
Annex 6 SPECIAL ACCOUNT 1. For the purposes of these annexes: a) the term "eligible categories" means the categories (1) and (2) set out in the table in paragraph 1 of the annex. 1 of this agreement;
b) the term "eligible expenses" shall mean reasonable expenses related to the cost of goods and services required for the project and which will be financed by the loan, earmarked for eligible categories periodically in accordance with the provisions of the annex. 1 of this agreement; and (c)) the term "authorized allocation" means a sum equivalent to the $ 10,000,000 that will draw from the loan account and will be deposited in a special account, in accordance with paragraph 3 of this annex).
2. payments from the special account shall be made exclusively for eligible expenditures in accordance with the provisions of this annex.
3. after the Bank has received satisfactory evidence, for her, it was opened in a timely special account, authorized allowances and goaltender subsequent drawings for re-fill specially made as well as follows: (a)) of the appropriations authorized for the drawdown, the borrower will provide the Bank a request or requests for a deposit or deposit not exceeding the total amount of the appropriations authorised. Based on these requests, the Bank, acting on behalf of the borrower, will draw from the loan account and will make the special account that amount or amounts requested by the borrower.
) (i) to re-fill particular Borrower will furnish the Bank requests for deposits in special account at those intervals that you specify.
(them) Before or at the date of each such request, the Borrower will provide the Bank documents and other evidence required, in accordance with paragraph 4 of this annex, for the payment or payments in connection with that refueling is required. On the basis of each such requests, on behalf of the Borrower, the Bank will draw from the loan account and will make the special account that the amount sought by the borrower and shown by documents and other evidence, to be paid from the special account for eligible expenses. All these deposits will be drawn by the Bank in the loan account in accordance with the respective eligible categories, substantiated by documents and other evidence.
4. For each payment made by the borrower from the special account, the borrower shall, at the date on which the Bank shall reasonably require, the Bank will provide these documents and other evidence, a local resident that that payment was made exclusively for eligible expenditures.
5. Without opposing the provisions of paragraph 3 of this annex, the Bank will not be allowed to make additional deposits into the special account: a) If, at any time, the Bank has decided that all additional drawings to be made by the borrower directly from the loan account in accordance with the provisions of article V of the "General conditions" and the paragraph of section 2.02) of this agreement , or b) with total amount netrasa loan, less any outstanding commitment amount recorded by the Bank in accordance with section 5.02 of the "General conditions", will be equal to the equivalent of twice the amount of the allowance is authorized.
In consequence, pulling at the expense of the remaining loan amount loan allocated netrase will follow those procedures which shall be specified by the Bank through communication to the Borrower. Such additional drawdown will be made only by and to the extent that the Bank will be convinced that all these amounts, deposited in a special account remains up to the date of such notification, will be used for payments for eligible expenses.
6.) If the Bank will be decided at any time, as any special payment on account of: (i) was made in respect of an expense or a neeligibila amount, in accordance with paragraph 2 of that annex; or () was not justified by the evidence provided to the Bank, the borrower shall forthwith, upon notification of the Bank: he will provide evidence) further on those Bank may request; or B) will take into account (or, if the Bank will ask for it, will repay the Bank) an amount equal to the amount of that payment or part thereof, overkill or neeligibila. If the Bank won't agree otherwise, there will be no additional deposit by the Bank in the special account until the borrower will not be provided such evidence or not will be made that submission or will not be reimbursed, as appropriate.
d) If the Bank will be decided at any time, as any amount remaining in the special account shall not be required to cover additional payments for eligible expenses, Borrower, promptly upon notification from the Bank, the Bank will repay that amount of arrears.
c) Borrower may, after notification of the Bank, to reimburse the Bank all or any portion of the funds deposited in the special account.
in return the Bank d) made in accordance with paragraphs 6 a), b) and (c)) of this annex shall be entered in the account credit loan for pulling that follows or cancellation in accordance with the provisions of this agreement, including the "General conditions".