Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. CRS1028 01 G između Francuske agencije za razvoj, kao Zajmodavca i Republike Srbije, kao Zajmoprimca za Projekat modernizacije železničkog sektora u Srbiji - druga faza
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Na snazi
Prikazana Verzija
Nema dostupnih verzija
Opšte Informacije
Donosilac
Narodna skupština Republike Srbije
Član 3.4 Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. CRS1028 01 G između Francuske agencije za razvoj, kao Zajmodavca i Republike Srbije, kao Zajmoprimca za Projekat modernizacije železničkog sektora u Srbiji - druga faza – Disbursement Methods
The Facility shall be made available in accordance with one or more of the following terms:
3.4.1 Reimbursement
Subject to the conditions set out in Part III and/or IV of Schedule 4 (Conditions Precedent) as the case may be, the funds may be paid directly to the Borrower in accordance with the terms and conditions of this Agreement, in order to refinance Eligible Expenses paid by the Borrower, provided that evidence of payment of the Eligible Expenses by the Borrower referred to in the Drawdown Request, has been delivered to the Lender through the Co-Financier in form and substance satisfactory to the Co-Financier.
The Lender may request directly or through the Co-Financier that the Borrower provides such other evidence showing that works or services corresponding to the relevant Eligible Expenses have been implemented.
3.4.2 Direct payments
a)
Subject to the conditions set out in Part III and/or IV of Schedule 4 (Conditions Precedent) as the case may be, the Borrower may request in the Drawdown Request that the proceeds of a Drawdown are made available directly to a Contractor for the payment of Eligible Expenses due under a contract entered into for the purposes of implementing the Project or any part thereof.
To that effect, the Borrower shall deliver to the Lender, any instructions necessary to pay the Drawdown directly as requested, by attaching to the Drawdown Request the relevant documents listed in Part III and/or Part IV, as the case may be, of Schedule 4 (Conditions Precedent).
b)
The Borrower hereby authorises the Lender to make direct payments in accordance with paragraph (a) above from the proceeds of a Drawdown. The Lender will not be bound, at any time, to verify whether there is a restriction of any nature in connection with the requested Drawdown. The Lender reserves the right to reject such a request if it becomes aware of any such restriction.
c)
The Lender shall not be liable in any way whatsoever in relation to the Drawdowns and the Borrower waives any action it may have against the Lender in this respect. The Borrower shall indemnify the Lender against any cost, loss or liability which the Lender incurs in relation to third party actions against the Lender in respect of such Drawdowns.
d)
The Borrower acknowledges that any amount paid by the Lender pursuant to this
(Direct payments ), together with, and including but not limited to, all interest accrued on those amounts as from the relevant Drawdown Dates.
3.4.3 Drawdowns in the form of Advances
The Facility shall be made available by the Lender in the form of advances (“Advance(s)”) paid into the Designated Account.
a)
Opening of the Designated Account
The Borrower shall open and maintain an account in the name of the Project (the “Designated Account”), at the National Bank of Serbia (“NBS”), for the sole purpose of (i) receipt of the proceeds of the Drawdowns of the Lender in the form of Advances, and (ii) payment of the Eligible Expenses. Different Designated Accounts shall be used for Phase 1 and Phase 2 of the Serbia Railway Sector Modernization Project.
The Borrower hereby undertakes and procures that any right of set-off of any party is waived in respect of the Designated Account and any other account opened in the name of the Borrower at the NBS, or against any other debt of the Borrower.
(Conditions precedent) have been satisfied, the Lender shall pay to the Designated Account an initial Advance of the amount specified in the corresponding Disbursement Notice submitted by the Co-Financier to the Lender.
c)
Additional Advances
Additional Advances will be made upon the Borrower’s request in accordance with the same procedure required under the IBRD Loan Agreement and subject to the conditions referred to in
Unless the Lender agrees otherwise, the final Advance shall be paid in accordance with the same conditions as the other Advances and, if applicable, shall take into account any change in the financing plan of the Project agreed between the Parties.
e)
Justification for use of Advances
The Borrower agrees to deliver to the Lender:
i)
no later than the Deadline for Use of Funds, a certificate signed by an authorised signatory of the Borrower certifying that one hundred per cent (100%) of both the penultimate Advance and the final Advance have been used and providing a detailed breakdown of the sums paid in respect of the Eligible Expenses in the relevant period; and
ii)
no later than three (3) months after the date of delivery of the certificate referred to in subparagraph (i) above, a final audit report of the Designated Account (the “Final Audit Report”), carried out in accordance with the provisions of the IBRD Loan Agreement and the Project Operations Manual. The appointed auditor shall verify that all amounts drawn under the Facility and paid into the Designated Account have been used in accordance with the terms and conditions of this Agreement
f)
Applicable exchange rate
If any Eligible Expenses are denominated in a currency other than Euro, the Borrower shall convert the invoice amount into the equivalent amount in Euros in accordance with the provisions of the IBRD Loan Agreement and the Project Operations Manual.
g)
Deadline for Use of Funds
The Borrower agrees that all funds paid in the form of Advances shall be used in full to pay Eligible Expenses no later than the Deadline for Use of Funds.
h)
Control – Audit
The Borrower agrees that, during the Drawdown Period, the Designated Account shall be audited in accordance with the provisions of the IBRD Loan Agreement and the Project Operations Manual. The auditor shall verify that all amounts drawn under the Facility and paid into the Designated Account have been used in accordance with the terms of this Agreement.
Audit reports shall be made available by the Borrower to the Lender through the Co-Financier.
During the Drawdown Period, the Lender may carry out, or procure that a third party carries out on its behalf and at the cost of the Borrower, random inspections rather than systematic control of documentary evidence.
i)
Failure to justify the use of Advances
The Lender may request that the Borrower repays:
i)
all amounts in respect of which utilisation has not been duly or sufficiently justified as Eligible Expenses together with
ii)
all other sums standing to the credit of the Designated Account on the Deadline for Use of Funds. The Borrower shall repay such amounts to the Lender within twenty
(20)
calendar days of receipt of such notification from the Lender. Any repayment by the Borrower under this Clause shall be treated as a mandatory prepayment in accordance with the provisions of
The Borrower shall retain documentary evidence and other documents in connection with the Designated Account and use of the Advances for a period of ten (10) years from the date of the last Drawdown under the Facility.
The Borrower undertakes to deliver such documentary evidences and other documents to the Lender, or to any auditing firm appointed by the Lender, upon the Lender’s request.