Zakon o potvrđivanju Ugovora o kreditnom aranžmanu br. 0020022188 koji se odnosi na neobezbeđeni zajam do iznosa od 260.000.000 evra uz garanciju UKEF u cilju finansiranja određenih građevinskih usluga od strane Bechtel Enka UK Limited, koji posluje u Srbiji preko Bechtel Enka UK Limited Ogranak Beograd za potrebe privrednog društva ,,Koridori Srbije" d.o.o. Beograd u vezi sa izgradnjom infrastrukturnog koridora autoputa E-761 deonice Pojate-Preljina (Moravski koridor) između Republike Srbije, koju zastupa Vlada Republike Srbije, postupajući preko Ministarstva finansija, kao Zajmoprimca i J.P. Morgan SE, kao Agenta i JPMorgan Chase Bank, N.A., London Branch, kao Prvobitnog ovlašćenog vodećeg aranžera i Credit Agricole Corporate and Investment Bank i Ing Bank N.V., kao ovlašćenih vodećih aranžera i Određenih drugih finansijskih institucija, kao Prvobitnih zajmodavaca

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Clause19.6

Environmental undertakings (a) E&S Self-Monitoring Reports

The Borrower shall, or shall procure that the Buyer or the Exporter

will, provide a report to UK Export Finance in a form and substance

acceptable to UK Export Finance at the times set out in paragraph

ii)

or (iii) below, containing the following:

(A) a statement that (and details of how):

(in respect of the first E&S Self-Monitoring Report) all E&S Obligations (including obligations of the Borrower and/or the Buyer) have been fulfilled since the date of this Agreement; and

(2)

(in respect of each subsequent E&S Self-Monitoring Report) all E&S Obligations (including obligations of the Borrower and/or the Buyer) in the period since the most recent E&S Self-Monitoring Report have been fulfilled,

or, if it is not able to make such a statement, a disclosure of

the E&S Obligations that have not been fulfilled providing full

details of such occurrence and any planned mitigation;

(B) details of any E&S Investigations or E&S Claims subsisting at

that time; and

the Project.

ii)

Unless an E&S Trigger Event has occurred and is continuing, the

Borrower shall, or shall procure that the Buyer will, provide an E&S

Self-Monitoring Report within twenty (20) Business Days of the end

of:

(A) each three (3) month period during the Construction Phase;

and

(B) each twelve (12) month period from the commencement of

the Operations Phase.

iii)

If an E&S Trigger Event has occurred and is continuing, UK Export

Finance may require the Borrower to, or to procure that the Buyer provide E&S Self-Monitoring Reports on the corrective actions being

taken in respect of that E&S Trigger Event upon request or at such

intervals as it may require.

Information regarding E&S Investigations or E&S Claims

The Borrower shall, and shall procure that the Buyer will, as soon as

practicable and in any case no later than ten (10) Business Days after the

receipt by or on behalf of the Borrower or the Buyer of any notice of or (ii)

becoming aware of:

any E&S Investigation; or

ii)

any E&S Claim,

notify UK Export Finance of such notice or of becoming so aware and

provide full written details of such E&S Investigation or E&S Claim to UK

Export Finance.

E&S Incidents

If an E&S Incident occurs, the Borrower shall, or shall procure that the

Buyer will:

take, or procure the taking of, all such actions and measures

required to immediately address the adverse impacts of that E&S

Incident; and

ii)

as soon as possible, but in any event no later than five (5) Business

Days following the date of its occurrence, notify UK Export Finance

of its occurrence and provide full written details of it to UK Export

Finance.

E&S Trigger Events

(i)

Upon UK Export Finance being notified of the occurrence of an E&S

Trigger Event or determining that an E&S Trigger Event has

occurred, in consultation with the Borrower, it may:

(A) determine that the E&S Trigger Event can be remedied by the

Borrower and/or the Buyer pursuant to the relevant E&S

Management Plan and that the Borrower and/or the Buyer

shall provide progress reports to UK Export Finance in the

E&S Self-Monitoring Reports in accordance with paragraph

(E&S Self-Monitoring Reports) of

Clause 19.6

(Environmental undertakings);

(B) require the Borrower and/or Buyer to produce a Corrective

Action Plan, in which case the Borrower and/or the Buyer (as

applicable) shall, as soon as practicable following such

request but in any event within fifteen (15) Business Days of

such request, provide a draft Corrective Action Plan for that

E&S Trigger Event to UK Export Finance for its acceptance;

the E&S Trigger Event; or

(D) declare that such E&S Trigger Event is incapable of remedy.

ii)

An E&S Trigger Event will be deemed incapable of remedy to the

extent that UK Export Finance notifies the Borrower that: (i) the E&S

Trigger Event is incapable of remedy in accordance with paragraph

(i)(D) above; or (ii) the draft Corrective Action Plan has not been

accepted within six (6) months of the request in accordance with the

provisions of this paragraph (d) (E&S Trigger Events).

iii)

Following a request by UK Export Finance to provide a draft

Corrective Action Plan in accordance with paragraph (i)(B) above

and pending acceptance by UK Export Finance of any draft

Corrective Action Plan, the Borrower shall, or shall procure that the

Buyer will, take or procure the taking of all such actions and

measures to immediately address the adverse impacts of the

relevant E&S Trigger Event, including such actions or measures as

are required by any draft Corrective Action Plan in accordance with

the timescales set out in that draft Corrective Action Plan.

iv)

If UK Export Finance does not accept the draft Corrective Action

Plan pursuant to paragraph (i)(B) above:

(A) UK Export Finance shall indicate to the Borrower in which

areas the draft plan is deficient and the time period within

which a revised draft Corrective Action Plan shall be re-

submitted to UK Export Finance for its acceptance; and

(B) the Borrower or the Buyer (as the case may be) shall submit

a revised draft Corrective Action Plan after consulting with

and taking any views of UK Export Finance fully into account.

If UK Export Finance does not accept the revised draft Corrective

Action Plan submitted pursuant to paragraph (iv)(B) above, UK

Export Finance and the Borrower or the Buyer (as the case may be) shall repeat the process set out in paragraph (iv) above until such

time as a revised draft Corrective Action Plan is accepted by UK

Export Finance.

vi)

A draft Corrective Action Plan shall be deemed to have been

accepted by UK Export Finance thirty (30) Business Days after its

submission unless UK Export Finance advises the Borrower

otherwise.

vii)

After acceptance of the Corrective Action Plan, the Borrower shall,

or shall procure that the Buyer will, take or procure the taking of all

such actions and measures as are required by the Corrective Action

Plan in accordance with the timescales set out therein.

viii)

Every three (3) months from the date on which a Corrective Action

Plan is accepted, the Borrower shall, or shall procure that the Buyer

will, provide UK Export Finance with a supplemental E&S Self-

Monitoring Report on the implementation of that Corrective Action

Plan, and shall provide a final report to UK Export Finance on

completion of the Corrective Action Plan, each such report to be in a

form and substance acceptable to UK Export Finance.

ix)

To the extent that an E&S Trigger Event is not remedied within the

timescales set out in the relevant Corrective Action Plan or in line

with the E&S Management Plan, UK Export Finance may require the

Borrower to produce a new Corrective Action Plan or take any other

corrective measure in accordance with the procedures set out in

paragraph (d)(i) (E&S Trigger Events) above.

Site visits

(i)

The Borrower shall, or shall procure that the Buyer will, at the

request of UK Export Finance, ensure access to the Project and

arrange for a site visit by UK Export Finance or its nominated

representative or the IESC(s):

(A) at any time while a Corrective Action Plan is in place or when

a Default has occurred and is continuing; and (B) for the purpose of monitoring the performance of the E&S

Obligations (other than compliance with a Corrective Action

Plan),

in the case of UK Export Finance or its nominated

representative at least once in each twelve (12) month

period; and

in the case of the IESC(s), at least every 3 months

during the Construction Phase and 6 months during

the Operations Phase for a period until the later of (i)

twenty-four (24) months after the beginning of the

Operations Phase or (ii) twelve (12) months following

completion of the Offset Programme as defined in the

Biodiversity Offset Management Plan (BOMP) to

compensate for residual biodiversity impacts and

achieve a no net loss for Natural Habitat and net gain

for Critical Habitat, whichever is the later. Completion

of the Offset Programme shall be defined as the

Completion Date or Milestone set out in the BOMP

approved by the Lenders/IESC(s) (as referred to in

Action 17 of the ESAP).

ii)

The Borrower shall ensure that UK Export Finance or its nominated

representative and the IESC(s) are promptly and duly informed

regarding, and have the right to attend, any multi-stakeholder

meeting or focus groups or other meetings which form any part of

the Borrower and/or Buyer's public consultation process in relation

to the Project.

iii)

The agenda, scope and (subject to paragraph (i) above) timing of

any site visits shall be determined by UK Export Finance or its

nominated representative or the IESC(s) following consultation with

the Borrower.

iv)

The Borrower shall pay all reasonable costs and expenses of UK

Export Finance and/or its nominated representatives in relation to

each site visit. To the extent that UK Export Finance or its nominated

representative itself was required directly to pay any costs or

expenses then the Borrower shall, within seven (7) Business Days

of written demand, reimburse UK Export Finance and/or its

nominated representative any such amounts incurred.

To the extent reasonably practicable, in advance of any visit to be

made by UK Export Finance, its nominated representative, or the

IESC(s):

(A) UK Export Finance, its nominated representative, or the

IESC(s) shall provide the Borrower with written details of

those matters that UK Export Finance, its nominated

representative, or the IESC(s) wish to address during the

proposed visit in order to assist the Borrower in arranging the

visit; and

(B) the Borrower shall provide UK Export Finance, its nominated

representative, or the IESC(s) with such up to date

information relating to those matters as UK Export Finance or

its nominated representative, or the IESC(s) may request.

vi)

Following any visit made by UK Export Finance or its nominated

representative, or the IESC(s), the Borrower shall provide such

follow up reports or information as UK Export Finance or its

nominated representative, or the IESC(s) shall request.

Operations Phase E&S Management Plan

(i)

The Borrower shall, or shall procure that the Buyer will, at least six

(6)

months before the start of the Operations Phase, provide UK

Export Finance with the draft Operations Phase E&S Management

Plan prepared for the UKEF-Supported Facility Agreement 2021.

ii)

UK Export Finance shall notify the Borrower within one (1) month of

receipt whether the draft Operations Phase E&S Management Plan

is accepted.

iii)

If UK Export Finance does not accept the draft Operations Phase

E&S Management Plan submitted pursuant to paragraph (ii) above:

(A) UK Export Finance shall indicate to the Borrower in which

areas the draft Operations Phase E&S Management Plan is

deficient and the period within which a revised draft

Operations Phase E&S Management Plan shall be

resubmitted to UK Export Finance; and

(B) the Borrower or the Buyer (as the case may be) shall submit

a revised draft Operations Phase E&S Management Plan

after consulting with and taking any views of UK Export

Finance fully into account.

iv)

If UK Export Finance does not accept the revised draft Operations

Phase E&S Management Plan submitted pursuant to paragraph

(iii)(B) above UK Export Finance and the Borrower or the Buyer (as

the case may be) shall repeat the process set out in paragraph (iii)

above until such time as a revised draft Operations Phase E&S

Management Plan is accepted.

A draft Operations Phase E&S Management Plan shall be deemed

to have been accepted by UK Export Finance thirty (30) Business

Days after its submission unless UK Export Finance advises the

Borrower otherwise.

IESC(s)

To the extent that the Borrower or the Buyer has failed to pay any amounts

due and payable by it to the IESC(s) and any such amounts are then paid

on behalf of the Borrower by UK Export Finance, the Borrower shall

reimburse UK Export Finance an amount equal to the amounts paid by UK

Export Finance within ten (10) days of being notified by UK Export Finance

that it has made such payment.

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