Zakon o potvrđivanju Okvirnog sporazuma o zajmu LD 2009 ADD 1 (2025) između Banke za razvoj Saveta Evrope i Republike Srbije za projektni zajam - Univerzitetska dečja klinika, Tiršova 2
Status propisa
Na snazi
Prikazana Verzija
Nema dostupnih verzija
Opšte Informacije
Donosilac
Narodna skupština Republike Srbije
Zakon o potvrđivanju Okvirnog sporazuma o zajmu LD 2009 ADD 1 (2025) između Banke za razvoj Saveta Evrope i Republike Srbije za projektni zajam - Univerzitetska dečja klinika, Tiršova 2
The Borrower shall implement the Project in accordance with the Agreement.
The Borrower designates Ministry for Public Investment as the PIE. The Borrower shall ensure that the PIE appoints a PIU appropriately staffed and equipped throughout the Project implementation period.
In any event, the Borrower remains solely liable to comply with its obligations under the Agreement.
Failure to comply with the undertakings set forth under this
would constitute, irrespective of any other applicable provision of the Loan Regulations, an event in the terms of Article 3.3 (h) of the Loan Regulations and may give rise to (i) the relevant contract expenditure declared ineligible for Allocation under the Project; and/or (ii) the early reimbursement, suspension or cancellation of the Loan, in whole or in part, under the terms of Articles 3.3 (Early reimbursement of disbursed loans), 3.5 (Suspension by the Bank of undisbursed loans) and 3.6 (Cancellation by the Bank of undisbursed loans) of the Loan Regulations.
The Borrower shall apply all care and diligence, and shall exercise all typically used means (including, but not limited to, legal, financial, managerial and technical) required for the proper implementation of the Project.
The Borrower shall allocate each Tranche to the Project within twelve (12) months after the relevant Disbursement Date (hereinafter, the “Allocation Period”), unless otherwise agreed in writing between the Borrower and the CEB. If a Tranche disbursed by the CEB is not allocated to the Project or is only partially allocated to it within the Allocation Period, the Borrower shall proceed with prepayment of the unallocated amounts on the next Interest Payment Date in the terms provided under Sub-
The Tranches disbursed under the Initial Loan and the Loan shall not exceed fifty-five per cent (55%) of the total eligible costs of the Project specified under Appendix 1 hereto. If the Tranches disbursed under the Initial Loan and the Loan exceed the above 55% (by reduction of the total eligible costs or otherwise), the Borrower shall proceed with prepayment of the surplus on the next Interest Payment Date in the terms provided under Sub-
Should the total eligible costs of the Project increase or be revised for whatever reason, the Borrower shall ensure that the additional financial resources for the completion of the Project are available without recourse to the CEB. The plans to finance the increased costs shall be communicated to the CEB without delay.
The Borrower, through the PIE, shall implement the Project in conformity with the requirements set forth in the Environmental and Social Safeguards Policy.
The Borrower, through the PIE, shall ensure that the implementation of the Project does not give rise to a violation of (i) the European Convention on Human Rights; or
it will institute and thereafter comply with internal policies, procedures and controls, in line with applicable legislation and international best practices, for the purpose of preventing the Borrower to become, in connection with the implementation of the Project or otherwise, an instrument for money laundering or terrorism financing;
b)
it will not make any Loan proceeds available to or for the benefit of, directly or indirectly, any Sanctioned Person;
c)
it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the implementation of the Project or any Sub- project a Corrupt Practice, a Fraudulent Practice, a Coercive Practice, a Collusive Practice or an Obstructive Practice (hereinafter, together with money laundering, terrorism financing and making available any Loan proceeds to Sanctioned Persons referred to as the “Prohibited Practices”).
For the purposes of this Agreement:
i)
A “Corrupt Practice” means any act of offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party.
ii)
A “Fraudulent Practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit, or to avoid an obligation.
iii)
A “Coercive Practice” means any act of impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of any party to influence improperly the actions of a party.
iv)
A “Collusive Practice” means any arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.
v)
An “Obstructive Practice” means, in relation to an investigation into a Coercive, Collusive, Corrupt or Fraudulent Practice, (a) any act of deliberately destroying, falsifying, altering or concealing of evidence material to the investigation; (b) any act of threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; and/or (c) any act intending to materially impede the exercise of the contractual rights of audit or access to information.
The Borrower undertakes to inform CEB if it should become aware of any fact or information suggestive of the commission of any such Prohibited Practice. For this purpose, the knowledge of any member of the PIU shall be deemed the knowledge of the Borrower.
The Borrower undertakes:
i)
to take timely such action as the CEB may reasonably request to investigate and/or terminate any alleged or actual Prohibited Practice;
ii)
to facilitate any investigation that the CEB may conduct concerning any alleged or actual Prohibited Practice; and
iii)
to inform the CEB of the measures taken to seek damages from the persons responsible for any loss resulting from any such Prohibited Practice.
The Head of the PIE shall be responsible for contacts with the CEB for the purposes of this Sub-clause.
The Borrower shall inform the Final Beneficiaries that the Project is partly financed by the CEB through appropriate means of communication such as dedicated notices in relevant websites, social media, press releases, brochures or the exhibit of billboards/plates on relevant Project sites/facilities. In any case, information to the Final Beneficiaries shall display in an appropriate way the CEB’s name and logo.