On approval of the agreement between the Republic of Kazakhstan and the Asian Development Bank on loans (Special Operations) (Project to intensify and improve the management of the education system)

Home / RLA / On approval of the agreement between the Republic of Kazakhstan and the Asian Development Bank on loans (Special Operations) (Project to intensify and improve the management of the education system)

Law of the Republic of Kazakhstan dated July 12, 1996 N 21-I

Development of the Republic of Kazakhstan and Asia dated April 27, 1996

Loan between the bank (Special Operations) (educational system

approval of the agreement on the project of revitalization and improvement of management).

The Republic Of Kazakhstan

President

The Republic of Kazakhstan and the Asian Development Bank

in between

Made on April 26, 1996

Loan agreement

Special Operations

(Rehabilitation of the educational sphere and

Management Improvement Project)

Loan agreement between the Republic of Kazakhstan (hereinafter referred to as the borrower) and the Asian Development Bank (hereinafter referred to as the bank) dated April 26, 1996

(A) that the borrower has made an application to the Bank for granting a loan from its special fund for the purposes of the project described in Annex 1 to this loan agreement;

(C) considering that the bank has agreed to provide a loan to the borrower from the special bank fund on the basis of the conditions stated below, the parties hereby agree to the following:

Article I

Loan rule: determinants

Section 1.01. All provisions included in the Bank's regulation on Special Transactions on loans dated December 7, 1982 hereby apply to this loan agreement, to the extent that they are set out in this document, but subject to the following changes (as the above-mentioned regulation on Special Transactions on loans is amended, hereinafter referred to as the loan regulation): section 4.05 is excluded. Section 1.02. Several terms defined in the loan rules shall have the appropriate meaning provided in them, regardless of where they are used in this loan agreement, unless otherwise required by the context, and these additional terms shall have the following meaning: (a) "SHKPK" means the Committee for the use of foreign capital of the Republic of Kazakhstan or any of its heirs; (b) " EP "means the Department of education at the regional level or any of its heirs; (C)" BPI " means the Institute for educational problems under the Ministry of Education (BM) or any of its heirs; (d) " BM "means the Ministry of Education of the borrower or any of its heirs; (e)" ACS "means the information management system, as described in Section D of Annex 1 to this loan agreement; (f)" NBP "means the National Bank of the Republic of Kazakhstan, the Central Bank of the borrower or any of its heirs; (g) "region" means the administrative dimension of the borrower or any of its heirs; (h) " PIU " means the Project Implementation Unit established within the BM in accordance with the determinant in Paragraph 1 of Annex 6 to the loan agreement; (i)" agency responsible for project execution " means the BM responsible for project implementation for the purposes and within the meaning of the loan regulations;

(j) "GBC" means the project Control Committee, as described in Paragraph 3 of Annex 6 to this loan agreement;

(K) "ZHT" means the Working Group of the project, in accordance with the determinant in Paragraph 2 of Annex 6 to this loan agreement;

(l) "RSPI" means the Republican Institute for Teacher Education Improvement or any successor thereof; and

(m) "MSI" means the Institute for Teacher Education Improvement at the regional level.

Article II

Loan

Section 2.01. According to the rules for obtaining a special loan, the bank agrees to provide an amount from the Bank's special fund to the borrower in different currencies equivalent to thirteen million three hundred and eighty-two thousand (aze 13,382,000). Section 2.02. The borrower pays the Bank for the provision of services in the amount of one percent (1%) per year from the loan amount withdrawn from the loan account and periodically left unpaid. 2.03. service fees and other loan fees are paid 1 time in six months on June 1 and December 1 of each year. Section 2.04. (A) in connection with the provisions of paragraphs (b) and (C) below, the borrower shall return the principal amount of the loan received from the loan account in accordance with the depreciation table given in Annex 2 to this loan agreement. (B) if, after proper consideration by the Bank's Board of Directors, the borrower's gross national product (i) exceeds US.690 per capita (GNP per capita) at the 1985 fixed rate for the next five years and (ii) the borrower achieves the ability to borrow from current bank assets, the bank may change the terms of repayment of the loan by However, at the request of the borrower, the bank, instead of increasing the amounts due in this way, may charge interest on the loan amount, which is withdrawn from the account and periodically remains unpaid in this way, at an annual rate agreed by the borrower and the Bank, and to such an extent that the payment may be charged in accordance with the increase in the amounts due in accordance with the above. (C) if at any time after changes in the terms of the loan in accordance with the provisions of Paragraph (b) above, the bank finds that the economic situation of the borrower has deteriorated significantly after proper consideration by its Board of Directors, the bank may restore the original terms of the loan at the request of the borrower for the remaining amount of the loan withdrawn from the account and not paid.

Article III use of Loan Funds section 3.01. The borrower uses the loan funds to finance the project costs in accordance with the provisions of this loan agreement. 3.02. - section. Goods and services financed from loan funds and other sources of expenditure and the distribution of loan amounts between different categories of such goods, services and other sources of expenditure are in accordance with the provisions of Annex 3 to this loan agreement, as such provision may be amended from time to time by agreement between the borrower and the Bank. 3.03. - section. All measures shall be taken to ensure that all goods and services financed from the borrower's funds are used only for the implementation of the project, except in cases where the borrower and the bank may otherwise agree. 3.04.due to the exclusion of technical workers, when the borrower and the bank can agree on the beginning, the borrower takes all measures to ensure that all products and services financed from borrowed funds are used to implement the project. Warning. There is no Kazakh translation of Section 3.04.-section 3.05. A loan for goods and services is withdrawn from the account only for the reason that there are costs associated with the goods and services, and their:

(a) periodically produces and sends by the bank participating countries, which the bank establishes as acceptable sources for the purchase of goods and services, and (b) periodically satisfies other convenience requirements provided by the Bank.

3.06. - section. For the purposes of Section 8.03 of the loan rules, the last day to withdraw the loan from the account is June 30, 2001 or any other day that may be agreed between the borrower's Bank from time to time.

Article IV

Special conditions

Section 4.01 (a) the borrower shall take all measures to execute the project with due diligence and efficiency and in accordance with reasonable administrative, financial practices and taking into account environmental conditions and educational level. (b) in the execution of the project and the use of Project capabilities, the borrower fulfills or assists in the fulfillment of all obligations set out in Annex 6 to this loan agreement. Section 4.02. The borrower provides the necessary funds, conditions, Services and other resources as necessary for the implementation of the project and in addition to the loan funds in order to take action and comply with the conditions that contribute to the implementation of the project. Section 4.03. The borrower ensures that the activities of its divisions and agencies for the implementation of the project and the application of the project are carried out and coordinated in accordance with reasonable administrative policies and procedures. Section 4.04. (a) the borrower shall develop measures to satisfy the bank to insure equipment financed from the loan to the extent and to the extent of the risk agreed upon by a reasonable policy. (b) without limiting the general meaning of the foregoing, the borrower guarantees or takes measures to insure goods imported for the project and financed from the loan against the risks associated with their transportation for purchase and delivery or installation to the place of Use, and for such insurance, any amount in the currency freely used for replacement or repair of such products is used. Section 4.05. (a) the borrower shall keep records and accounts sufficient to record the development of the project (including its cost), the operations and financial position of the BM and other agencies responsible for the implementation of the project, and the mechanisms of the project or any part of them in accordance with the current principles of accounting in accordance with the project, in order to identify goods and services and other sources of expenditure financed from the loan funds and disclose their use in the project, or take measures to comply with the current principles of accounting. (b) personal accounts for the borrower project (i); at its disposal are accounts and relevant financial statements that are subject to annual audit by independent auditors in accordance with the relevant regulations, having the qualifications, experience and contractual conditions acceptable to the Bank (ii); Provide the bank, as far as possible, but in any case no later than 12 months after the end of each relevant fiscal year, certified copies (all in English) of audited accounts and auditors ' financial statements and reports on the results of the audit (including the auditor's opinion regarding the use of loan funds and in accordance with the terms of this Loan Agreement) and, to provide other information regarding financial statements and their audits (iv), the project maintains or takes measures to maintain personal accounts. Section 4.06. (a) expenditure and maintenance of loan funds by the borrower's Bank (i); goods, services and other sources of expenditure financed from the loan's funds (ii); Project (iii); administration, operations and financial situation of the borrower's agencies responsible for the execution of the project or any part thereof (iv); financial and economic situation in the borrower's territory and the state of the borrower's international balance of payments (v); and provides or takes measures to provide all such reports and information that are reasonably requested on other issues related to the tasks and objectives of the project. (b) without limiting the general meaning of the above, the borrower shall report (quarterly) to the bank on the implementation of the project and the application of Project mechanisms and their management or take measures to provide. Such reports shall be provided by the Bank in the form reasonably requested, with detailed content and time, and shall reflect, among other things, the income achieved during the period under consideration and the problems that had to be encountered, the measures used and planned to solve these problems, the proposed program of action and the progress envisaged during the next quarter. (C) no later than three (3) months after the actual completion of the project, but in any case no later than three (3) months after that, or in such a late period that may be agreed between the borrower and the Bank, the borrower prepares and submits to the Bank a report on the implementation and initial application of the project, including its cost, the loan agreement and the fulfillment of its obligations to implement the project goals in the form and in detail that the bank may reasonably request. Section 4.07. The borrower provides the bank representatives with the opportunity to check the project, goods financed from the loan funds and any relevant reports and documents. Section 4.08. The borrower ensures the functioning, maintenance and adjustment of project mechanisms in accordance with reasonable administrative, financial, operational practices, taking into account the level of material and technical support and knowledge. Section 4.09. (a) it is the common intention of the borrower and the bank that no other external debt to the creditor, other than the Bank's debt, is of primary importance to the borrower by withholding the borrower's assets for the loan. For this purpose, the borrower's Bank shall provide a balanced guarantee for the payment of the principal amount, service fee and other fee on the loan, depending on the clarity of such right, if any funds are withheld from the borrower's assets as collateral for any external loan, except in cases where otherwise it may be agreed (i); and the borrower shall take measures to ensure (ii) the immediate provision of such right when making or facilitating the creation of any such right. (B) the provisions of Paragraph (A) of this section shall not apply to any right (i) to withhold the property for a debt upon acquisition of the property only as a guarantee of payment of the purchase price of such property; or to any right to withhold the property for a loan arising as a result of the usual course of banking operations and a loan guarantee, the repayment period of which comes only one year after this period. (C) the term "borrower's assets" shall, in accordance with its use in Paragraph (A) of this section, include the assets of any administrative division or any organization of the borrower and any such administrative division, including any organization of the NBK and other institution performing central bank duties for the borrower.

Article V

Entry into force

Section 5.01. For the purposes of Section 9.04 of the loan regulations, a period of ninety (90) days is set for the entry into force of the loan agreement after the term of this loan agreement.

Article VI

Other issues

Section 6.01. The minister of Finance is appointed as the representative of the borrower for the purposes of Section 11.02 of the loan regulations.

Section 6.02. For the purposes of Section 11.01 of the loan regulations, the following addresses are indicated:

For the borrower

The Republic Of Kazakhstan

Almaty 480091

Abylai Khan Avenue

Ministry of Finance

Telefax N:(007-3272)636984) 622770

For the bank

Asian Development Bank

P / W 789

0980 Manila, Philippines

Telegraph address:

Asian bank

Manila

Telex: 63587 ADB PN (ETPI)

42205 ADB (ITT)

29066 ADB PH (RCA)

Fax: (632) 741-7961

(632) 632-6816

(632) 631-7961

The parties acting through their respective representatives, who are duly authorized to certify this, ensure that this agreement is signed with their respective names and that it is delivered to the head office of the bank on the above date and year.

The Republic Of Kazakhstan

Plenipotentiary representative

Asian Development Bank

Plenipotentiary representative

Appendix 1

Project description

1.The aim of the project is to:(i) meet the necessary needs for equipment, textbooks and teaching aids to prevent further decline in the quality of primary and especially secondary education; and (ii) improve knowledge management and improve the skills of the Ministry of Education staff in accordance with the needs of economic modernization. 2. The Project consists of the following four parts: Part A: equipment provision (i) provision of basic training equipment to 180 secondary schools, as agreed between the borrower and the Bank; and (ii)provide 90 secondary schools with computer training equipment, as agreed between the borrower and the Bank; and Part B: provide textbooks and teaching materials (I) provide textbooks and appropriate teaching aids; and (ii) develop new textbooks and teaching aids. Part C: advanced training of employees (i) about 17 foreign internships for the Executive Officer of the BM and the teacher of the RSI; (ii) training of approximately 950 teacher-trained teachers, school principals and local teachers in new approaches to knowledge management, language learning, computer literacy training, questionnaire making, and about 120 BM and 120 EP employees in the use of a computerized information management system (ACS); (iii) improvement of the equipment of RSI and MSI, as agreed between the borrower and the Bank. Part D: laying the foundation of the educational ACS (i) laying the foundation of the computerized educational ACS in the BM and EP 21, which will provide analytical data on key aspects of the education system for the planning and effective implementation of larger political reforms; (ii) implementation of the provision of computer and program, consumable materials; and

(iii) consulting activities for the development of ACS and relevant

implementation of software.

The project is expected to be completed by December 31, 2000.

Appendix 2

Depreciation table

(Project to improve the rehabilitation and management of Education)

Payment term payment of the principal amount

Special

_ _ _ _ _ _ _ _ _ _ _

June 1, 2006 Dec 167,200

December 1, 2006 167,200

June 1, 2007 167,200

December 1, 2007 167,200

June 1, 2008 167,200

December 1, 2008 167,200

June 1, 2009 167,200

December 1, 2009 167,200

June 1, 2010 167,200

December 1, 2010 167,200

June 1, 2011 167,200

December 1, 2011 167,200

June 1, 2012 167,200

December 1, 2012 167,200

June 1, 2013 167,200

December 1, 2013 167,200

June 1, 2014 167,200

December 1, 2014 167,200

June 1, 2015 167,200

December 1, 2015 167,200

June 1, 2016 334,600

December 1, 2016 334,600

June 1, 2017 334,600

December 1, 2017 334,600

Appendix 2

(Project to improve the rehabilitation and management of Education)

Payment term payment of the principal amount

Special

_ _ _ _ _ _ _ _ _ _ _ *

June 1, 2018 334,600

December 1, 2018 334,600

June 1, 2019 334,600

December 1, 2019 334,600

June 1, 2020 334,600

December 1, 2020 334,600

June 1, 2021 334,600

December 1, 2021 334,600

June 1, 2022 334,600

December 1, 2022 334,600

June 1, 2023 334,600

December 1, 2023 334,600

June 1, 2024 334,600

December 1, 2024 334,600

June 1, 2025 334,600

December 1, 2025 334,600

June 1, 2026 334,600

December 1, 2026 334,600

June 1, 2027 334,600

December 1, 2027 334,600

June 1, 2028 334,600

December 1, 2028 334,600

June 1, 2029 334,600

December 1, 2029 334,600

June 1, 2030 334,600

December 1, 2030 334,600

Total 13,382,000

Appendix 3

Distribution and withdrawal of loan funds from the account

General section

1.the table provided for this annex contains the categories of goods, services and other sources subject to financing from the loan funds and the distribution of the loan amount for each category (hereinafter referred to as the table). (In this Appendix, the reference to the "category" or "categories" is made in relation to the table category or categories, and in this Appendix, the reference to the "additional category" or "additional categories" is a reference to an additional category or additional categories).

Taxes 2.no funds are withdrawn from the loan account for any local taxes. Interest and amounts of financing from the Bank 3. the sources of the categories and additional categories listed in the table shall be financed in accordance with the interest given in Column B and, if not otherwise agreed with the bank, on the basis of withdrawal from the account given in Column C of the table only in accordance with this Annex. Foreign losses 4. Any contract assigned to a local supplier after international competitive bidding or international procurement in accordance with Annex 4 to this loan agreement, regardless of Paragraph 5 of this Annex, shall be financed from the loan funds on the following basis: (a) if locally produced products purchased from a local supplier are financed at 100% of the cost of the Franco-factory products supplied (without paying any tax); and b) if all products purchased from a local supplier are imported, the currency-forming part of the contract price is financed. Local expenses 5. (a) no amount will be charged from the loan account for any local expenses for the project, unless specifically provided for in this paragraph and specifically agreed with the Bank. (b) the amount of 2,636,900 Cal divided into Category 7 shall be used to finance local expenses for the sources mentioned in the additional categories. If the maximum maximum limit amount is 2,636,900 Kak, such an amount may be withdrawn from the loan account in foreign currency based on the interest given in Column B of the table. Service fee 6.the amount divided into Category 5 is intended to pay for service during the project implementation period. The bank has the right to withdraw the amount required for servicing the loan from the loan account and pay it on behalf of the borrower at the time of payment. Redistribution 7. Regardless of the allocation of loan funds and interest charged in the table, (A) if the loan amount allocated for any category (separate from Category 7) is insufficient to finance all agreed expenses for that category, the bank may notify the borrower and (i) redistribute for such category to the extent necessary to cover a certain deficit of the amount allocated for, it may reduce the interest charged on such expenses so that the withdrawal of funds from the account for this category continues until all expenses for this category are reimbursed. (b) if the previously allocated loan amount for any category is higher than all agreed expenses for this category, the bank may notify the borrower and redistribute such excess amount, if necessary, to any other category (but not to Category 7; (C) if the amount of the loan previously allocated to any additional category in the amount of Category 7 is insufficient for financing under this additional category, the bank may notify the borrower and (i) redistribute the loan amount allocated under another additional category in the amount of Category 7, but in the opinion of the Bank, in the amount necessary to compensate for other expenses, to such an additional category, and (ii) if such redistribution cannot fully compensate for the projected deficit, this application may reduce the interest charged on such expenses so that the withdrawal of funds from the account for such category continues until all expenses for this category are reimbursed. Retroactive financing 8.up to a maximum amount of two hundred thousand dollars ($200,000) may be withdrawn from the loan account for possible expenses incurred as part of the project by the effective date of July 22, 1995, in connection with the selection and hiring of consultants. Current account 9. (A) after the date of entry into force, the borrower may open a current account in Ili-Shala NBK for the purpose of timely receipt of the corresponding loan amounts for the purposes of the project. The current account must be opened, managed and destroyed in accordance with the bank's "guidelines for the execution of the current account and expense table" dated November 1986 under favorable conditions for the Bank and subject to compliance with the detailed execution procedures agreed between the borrower and the bank. 10. The initial amount to be withdrawn from the loan account and transferred to the current account must not exceed the amount equivalent to us 5 500,000. The borrower must ensure the transfer of the loan's funds to the current account, which is replenished on the basis of the actual costs provided for repayment and upon delivery of the relevant accompanying documents. If the bank does not require another, the Bank's expense schedule will be used to replenish the funds needed for small purchases equivalent to US.50,000. 11.the current account must reimburse all expenses in local currency. Expenses that must be paid in foreign currency will be paid by the bank through the usual procedures. 12.the borrower must ensure that accounts and records related to the current account, expense schedule are periodically checked by auditors in a convenient order for the Bank and, as established, submit relevant audit reports to the bank no later than six (6) months after the end of each relevant fiscal year.

Annex 4 procurement 1.the procedures referred to in the following paragraphs of this Annex shall apply to the purchase of goods and services financed from loan funds, unless otherwise agreed with the Bank. The term "service" does not include consulting services in this application. 2.the rules "procurement management within the framework of loans of the Asian Development Bank", revised in January 1994 for the purchase of goods and services transferred to the borrower, shall apply. 3. The purchase of goods and services is carried out only without any restrictions on a particular supplier or contractor, unless otherwise provided by paragraphs 6 and 7 below, or with their preference. 4. (A) Each contract for the supply of equipment or materials at an estimated value equivalent to US. 500,000 or more, unless otherwise provided in paragraph 7 below, is granted on the basis of international competitive bidding, as described in Chapter II of the procurement management. (b) under contracts issued on the basis of international competitive bidding, the Bank shall be notified as soon as possible and no later than 90 days before the announcement of the first invitation to participate in the competitive bidding for the project /it shall be published separately by the Bank/ in the form reasonably requested by the Bank, in detail and in such content as contains such information. The bank is provided annually with the information necessary to update such a general message about the shipment of products as soon as it becomes necessary to purchase any goods on the basis of international competitive bidding. (C) the validity of procurement under contracts concluded on the basis of international competitive bidding shall be checked by the Bank in accordance with the procedures set out in Chapter IV of the procurement management. Each draft invitation to international competitive bidding, submitted to the Bank for approval in accordance with such forms, is received by the Bank at least 42 days before its publication and contains information that the bank must be able to organize a separate publication of such an invitation. 5.each contract for the supply of equipment and materials with a reported value of less than US. 500,000 (except for minor matters) is concluded on the basis of international trade, as described in Chapter III of the procurement management. 6. When comparing local tender offers with foreign offers in connection with the international competitive bidding system, preference limits may be provided at the choice of the borrower and in accordance with the provisions of the Annex to the goods produced in Kazakhstan, for this purpose, the bidder offering such goods must confirm to the extent that the added value is at least 20% of the Franco-factory price for such goods specified in the tender offer to satisfy the borrower and the Bank. 7. Contracts for the provision of furniture, textbooks and educational materials can be submitted on the basis of local competitive bidding in accordance with the formalities acceptable to the bank. The selection and hiring of suppliers must be approved by the Bank. After submission, three copies of each contract must be sent to the Bank.

Supplement to Appendix 4 (Page 1) preference for goods produced within the country 1. when purchasing through international competitive bidding, preference limits are set in accordance with the following rules, provided that the added value of goods made in the country of the borrower is at least 20% of the Franco-factory price specified in the tender offer, to the extent that the borrower and the Bank are satisfied. (A) All Tender Offers in accordance with the conditions for preferential use of goods produced within the country are first differentiated into the following three categories: (I) category I: tender offers for goods made in the country of the borrower that meet the minimum value added requirements; (ii) category II: tender offers for other goods made in the country of the borrower; (iii) tender offers for imported goods of Category III. (b) the tender offer with the lowest price for each category is then determined when comparing all prices within each category without taking into account the customs duty levied on importation and other taxes on imports, trade tax and such taxes levied on the sale or delivery of goods under the terms of the tender offer. (C) such bids with the lowest price are then compared with each other and, if, as a result of this comparison, the price for category I or Category II turns out to be the lowest price, it is selected for the conclusion of the contract. (d) If, however, as a result of the comparison under additional paragraph (c) above, the lowest price turns out to be the price set for Category III, then the Tender Offer is further compared with the lowest price of Category I.

Supplement to Appendix 4 (page 2) shall be coordinated in the direction of increasing by adding the lowest prices for Category III only for the purpose of further comparison or: (I) the amount of the importer's customs duty and other import taxes not exempt from paying taxes for the importation of goods offered under Category III; or (II) if the customs duty and import taxes referred to in paragraph (I) above exceed 15% of the price you must pay 15% of the price. If, after such a comparison, a Category I tender offer has the lowest price, it is selected for awarding the contract; otherwise, the contract is awarded to the Category II tender offer with the lowest price. 2.bidders applying for an advantage must provide the information necessary to establish the right to receive, including the minimum value added. 3. The documents for bidding should contain an understandable description of the given advantage, the right to the advantage of this tender offer and the formalities that should be guided by when comparing the offered prices.

Appendix 5 consultants 1.the activities of consultants are used in the implementation of the project, in particular in the implementation of the project, the purchase of equipment, the development of ACS and the training of teachers and employees of the BM. The contractual provisions of consultants are determined by agreement between the borrower and the Bank. 2. The selection, recruitment and activities of consultants are subject to the provisions of this Annex and the provisions of the "Asian Development Bank and its borrowers ' guidance on the use of consultants" of April 1979, which are periodically supplemented by the transfer to the borrower. 3.for part of the services described in Paragraph 1 Above, the services of foreign consultants are used. Such consultants are selected and hired in accordance with the following procedures: (a) invitation to make proposals. The invitation makes proposals and all accompanying documents are approved by the bank before their publication. For this purpose, three copies of the draft invitation for making proposals, a list of invited consultants, proposed criteria for evaluating proposals and other accompanying documents are submitted to the Bank. A period of at least 60 days is provided for making proposals. A copy of the final invitation, along with all accompanying documents, is handed over to the Bank for information after it is issued. (b) draft contract. The draft contract with consultants must be submitted to the Bank for approval much earlier than the evaluation of proposals begins. (C) recommendations made for selection. After evaluating the received proposals and prior to the start of negotiations with the consultants selected for negotiation, the bank's approval of the selection must be obtained. (I) three copies of the price of the offer (together with one set of each offer not previously submitted to the Bank); (II) justification of the choice; and, as required by the Bank, a corresponding certificate of the validity of the proposed contract is issued. (d) execution of the contract. At the end of the negotiation, but before the signing of the contract, the Bank is given (I) the agreed contract for approval and (II) the price of the proposals. As soon as the contract is signed, three copies of the signed contract are handed over to Ile-Shala Bank. If any significant addition to the contract is submitted after its approval, the proposed changes are submitted to the Bank for preliminary approval. 4. (a) the services of competent local consultants must also be used for part of the services described in Paragraph 1 of this Annex. (b) such local consultants must be selected and hired in accordance with the procedures acceptable to the Bank. Unless otherwise agreed with the Bank, the selection and hiring of such consultants must undergo prior approval by the Bank regarding their competence and experience in performing the task. At the end of the negotiation, but before the signing of the contract, the Bank is handed over (I) the agreed contract for approval and (II) the offer price.

After signing the contract, three copies of the signed contract are issued. If any significant addition to the contract is submitted after its approval, the proposed changes are submitted to the Bank for preliminary approval.

Appendix 6

Project execution; management and implementation;

other issues

I. implementation measures

A. project execution 1.the borrower creates a project execution management (PIU) within the BM and appoints a full-time project manager and two additional member employees to manage the entire project work on a day-to-day basis. V. working group of the Project 2. The PIU operates in accordance with the basic principles of the Project Working Group (hes), the group is headed by the Deputy Minister of Education, which includes representatives of the Department for work with schools, the Republican press department, the centralized supply Department of the education system, the Center for new information technologies, other departments and departments of the BPI, The project manager must act as the HED secretary, meet when it is necessary to discuss issues related to the implementation and management of the HED project, and make decisions on taking appropriate action to resolve any problems that arise. C. Project Supervision Committee. 3.the most general policy issues are resolved by the project supervision committee (PPE), headed by the Minister of Education or his representative, which consists of representatives of the BM or SHPK. PPE should meet at least twice a year. II. Management and management 4. The borrower must ensure that the EP allocates employees and resources to implement and manage project issues. 5.the borrower must guarantee that all schools and institutes receiving assistance on the project will have qualified language teachers to use the linguistic laboratory equipment provided under the project, and all schools and institutes equipped with computer equipment will have at least one computer literacy teacher to use the computer equipment provided under the project. 6. The borrower must also guarantee that persons who have completed an internship in a foreign country will continue to work in the BM or in the field related to their education for a fairly long time after passing such an internship. III. Assessment of the effectiveness of the benefit 7. within three months after the entry into force of the project, the borrower must collect basic information on the assessment of the effectiveness of the benefit for each school and institute included in the project, including basic information on equipment, personnel and registration, in accordance with the survey developed by the MH and agreed with the Bank. IV. Other issues 8. the borrower shall submit the project within three months after the entry into force of the project

development of an internship plan for training employees in relation to performance issues.

9.the borrower must guarantee that appropriate steps are being taken to attract more and more private publishers in Kazakhstan to publish textbooks that must be purchased within the framework of the project on favorable terms for the Bank.

10.the borrower provides the authors with contracts for the development of textbooks and additional manuals on favorable terms for the Bank.

Asian Development Bank

(ADB)

On loans

special operating rules

December 7, 1982

Special operating rules for loans

Article I

Purpose; loan agreements and guarantees

Application to agreements

Section 1.01. The goal. The purpose of these rules is to establish certain conditions that usually apply to loans issued by the bank from the resources of channel funds. Section 1.02. Apply the rules. Any loan and guarantee agreement with the bank regarding a loan provided by the bank from its special resources provides for the parties to hereby accept the terms of this Agreement. These provisions shall apply to the extent provided for by this and shall establish the rights and obligations of the parties and shall have the same force and significance as hereby provided in full. Section 1.03. Non-compliance with the loan agreement and the Guarantee Agreement. If any agreement under the loan agreement and guarantee agreement does not comply with these rules, the terms of the loan agreement and guarantee agreement will apply. Article II definitions; references; headings section 2.01. Definitions. In other cases, except as otherwise required by the context, the following terms, when used in these terms or in the loan agreement or in the Guarantee Agreement, shall be of the following importance to which these terms apply: 1. The term "bank" refers to the Asian Development Bank. 2.The term" member " means a member of the Bank. 3.the Term" Loan Agreement " means a certain agreement to which these rules apply when such an agreement is periodically amended. Such a term covers these provisions and is used as such, as well as covers all agreements attached to the Loan Agreement and all programs under the loan agreement. 4.The Term" Loan " means a loan provided for by a loan agreement. 5. The term" loan account " means an account opened or opened by the Bank in the name of the borrower, to which the amount on the loan is transferred or transferred. 6.the term" borrower " means a party in a loan agreement to which the bank agrees to issue a loan. 7. the term "guarantee agreement" means a certain guarantee agreement that provides a loan guarantee and in cases of periodic changes in such agreement, these rules apply to it; such a term covers these provisions and is used as such, as well as covers all agreements attached to the Loan Agreement and all programs under the loan agreement. 8.the term" guarantor " means that if there is a party in the guarantee agreement that guarantees the loan. 9.the term" project", as described in the loan agreement, means a project or program to which the bank has agreed to provide a loan, and changes to this characteristic may be made from time to time by agreement between the Bank and the borrower. 10. The term" project implementation agency", as defined in the loan agreement, refers to the body or bodies responsible for the implementation of the project. 11. the term" project agreement " means a project agreement or agreements between the Bank and The Project Implementation Department, if such agreements exist, which may be designated as a project agreement or agreements with respect to a loan agreement, since changes to such agreement or agreements may be made from time to time; and such a term includes all agreements that complement the Project Agreement and all programs that are attached to the loan agreement. 12.the term" effective date " comes into force in accordance with Section 9.03 of the loan agreement or guarantee agreement, if any. 13.the term "currency" of a country or territory means the currency referred to in the tender for the payment of public or private debts in that country or territory. 14.the term" local currency " refers to the currency of a member of the Bank in which the project is carried out on its territory. 15. The term" foreign currency " refers to any currency other than the national one. 16.the term" liquid currency " means any currency established by the Bank as such currency in a specific period. 17.the term" dollar " or $ sign means the dollar as the currency of the United States of America. 18.the term" special right to withdraw from the account "or" SHAK " means the special right to withdraw from the account as assessed by the International Monetary Fund in accordance with the Articles of the agreement. 19. The term" local expense " refers to the expense incurred for goods and services produced in the territory of that country, a member of the Bank, in the currency of the country in which the project is carried out on its territory, but the expenses incurred for the import part of such goods and services are not included in it. 20.the term" foreign expenditure " means any expenditure other than local expenditure. 21. The term" external debt " refers to a debt that can be paid with any means other than the national currency if it is or is to be paid in whole or with other means at the discretion of the creditor. 22.the term" right to seize property " includes a guarantee, pledge, fees, benefits and any privileges. 23.the term" funds " includes property, income, and any claims. 24. The term" taxes " includes fees, contributions and duties that are applied during or after a loan agreement or guarantee agreement (if any). 25.wherever a debt is referred to, such a reference includes a debt assumption or collateral. 26.the term" special fund resources " means the resources of the special fund of the Bank, as established by Article 20 of the Bank agreement. 27.the term" fees for services " refers to loan fees in accordance with Section 3.02 and includes interest. Section 2.02. Links. References to articles and sections in these rules refer to articles and sections of these rules, except as otherwise required by the context. Section 2.03. Topics. The headings of articles and sections of chapters are given only for the convenience of reference, they are not part of these provisions. Article III loan account; fees; payment of the loan; place of payment section 3.01. Loan account. The entire loan amount is transferred to the loan account and can be withdrawn from it in accordance with the terms of the Loan Agreement and these rules. Section 3.02. Fees for service. Fees in the amount established by the loan agreement for the service will be paid depending on the amount of the loan, which will be withdrawn from the loan account from time to time, not distributed. Fees for the service will be charged from the relevant days when the amount is withdrawn from the loan account. Section 3.03. Calculation of the fee. Service fees and other fees will be charged at the expense of the 360-day year of the 12-and 30-day months. Section 3.04. Payment of the loan (A) the main sum of the loan, which is equal to the amount of the loan, will be paid in accordance with the amortization schedule, which will be applied to the agreement on the loan. Warning. There is no translation of the first Azat Line 1 of Section 3.04 into Kazakh. (b) after the borrower has paid all the fees charged for the service and has shown the bank a paper notified within 45 days (this period may be deducted or reduced by the Bank) of the entire principal amount of the loan not distributed at this time (I), or other unpaid, repayment period of the loan on the date of such prepayment

if there is no part that begins after the part to be developed, it has the right to return the entire principal amount (II) for one or more payment terms.

Section 3.05. Place of payment. The main amount and service fees and other loan fees will be paid where the bank considers it profitable.

Article IV

Currency terms

Section 4.01. Denomination of the loan. Loan size with one of these molds:

(a) special rights to withdraw from the account, or (b) different currencies equivalent to the right to withdraw from the account (i.e., the special right to withdraw from the account, expressed in "different currencies _______

equivalent amount") is assumed to be expressed in the special right of withdrawal from the loan account.

Section 4.02. Currency to withdraw from the account. If the Bank and the borrower do not agree otherwise, the cost of goods and services to be financed from the proceeds of the loan or loan will be deducted from the account in the currency or currencies that the bank may choose from time to time, or in the appropriate currency to be paid for. Section 4.03. Currency for paying the principal amount of the loan. (a) the principal amount of the loan will be paid in several currencies received from the loan account, the amount to be paid in each currency will be equal to the amount received in that currency. If the withdrawal of currency from the account is carried out in some currency purchased by the Bank in another currency for the purposes of withdrawal from the account, the part of the loan received in this way must be considered withdrawn from the loan account in another currency for the purposes of this section. Regardless of the further terms of this section, the borrower and the bank may agree to replace gold or any liquid currency as payment currency. (b) if the Bank and the borrower do not agree otherwise, the part of the loan payable in some special currency will be paid in parts determined by the bank from time to time, provided that the amount that the loan must be paid in each time the payment term is reached remains set in the depreciation table of the loan agreement. Section 4.04. Currency for paying fees for the service. Service fees will be paid for any part of the loan in the currency in which the main part of the loan is to be paid. Section 4.05. Currency for payment of commission on special obligations. The commission for any special obligation will be paid in the currency or currencies agreed between the Bank and the borrower under Section 5.02. Section 4.06. Buy currencies. The bank, at the request of the borrower and on the terms established by the bank, will make efforts to purchase any currency necessary for the borrower to pay the principal amount, fees for services and other fees required under the loan agreement after payment by the borrower of sufficient funds in the currency or currencies established by the bank from time to time. When purchasing the required currency, the bank becomes the agent of the borrower, and the borrower will be considered to have paid all the necessary payments under the loan agreement only when the bank receives such a payment in the required currencies and to the same extent. Section 4.07. Valuation of currencies. This is necessary for the purposes of a loan agreement or guarantee agreement, if it is necessary to determine the value of one currency through another currency, the value of the special right to withdraw from the account through the currency, or the value of the currency through the special right to withdraw from the account. Section 4.08. Payment method. (a) under a loan agreement, any payment required by the bank to be made in the currency of any country, if such agreement exists, shall be made in the currency purchased as permitted under the laws of such country for the purposes of depositing such payments by such currency deposit into a bank account with a bank depositor in such country. (b) where the borrower or guarantor is a member, such member shall ensure that the principal amount, service fees and other loan fees are paid without limitation within the territory of such member. Where neither the borrower nor the guarantor is a member, the borrower receives sufficient proof from the member on whose territory the project is carried out, that the principal amount and fees for activities and other fees on the loan are paid without any restrictions on the territory of the same member of the Bank. Article V withdrawal of loan receipts from the Account section 5.01. Withdrawal from a loan account. (A) if there are any conditions or restrictions set out in the loan agreement, the borrower has the right to withdraw from the loan account the amount required to pay or, if agreed by the bank, to pay for reasonable goods and services and other costs necessary for the project financed under this Agreement. (B) if the Bank and the borrower do not agree otherwise, no funds will be withdrawn from the account (I) for prepayments prior to the date of entry into force of the loan agreement or (II) for expenses that do not meet the requirements stipulated in the loan agreement or in respect of it. Section 5.02. Special Obligation Of The Bank. At the request of the borrower and on the terms agreed between the Bank and the borrower, the bank may assume special obligations to pay the cost of goods and services financed under this agreement, regardless of the termination or cancellation of the loan agreement. Section 5.03. Request for withdrawal from the account. In the event that the borrower wishes to withdraw some amount from the loan account or asks the bank to join the special obligation under Section 5.02, the borrower submits to the Bank the application and consent requested by the bank, if the Bank and the borrower do not agree otherwise, the application for withdrawing funds from the account will be promptly executed with the necessary document, as Section 5.04. Proof of authority to sign the application. the borrower submits to the Bank a document confirming the powers of the person or persons authorized to sign the applications and an original sample of the signature of each person. Section 5.05. Justification of the argument. The borrower submits to the Bank the documents requested by the Bank, justifying the application for withdrawal of funds from the account, before or after the bank allows the withdrawal of funds specified in the application. Section 5.06. Sufficiency of applications and documents. Each application for withdrawal of funds from the account, additional documents and other evidence in the form and content should be sufficiently clear to the bank that it is necessary for the borrower to withdraw the required amount from the loan account, that the amount received from the loan account is used only for the purposes established by the loan agreement. Section 5.07. Payment by the bank. The amount that the borrower intends to withdraw from the loan account is paid by the Bank for the borrower or at his request. Article VI Cooperation; Information section 6.01. Cooperation. The bank, the borrower and the guarantor will cooperate to ensure the achievement of the loan goals. Section 6.02. Report and information. (a) the borrower and guarantor provide the bank with reports and information requested by the bank on any issues related to the project, The Project Executive Agency and the loan, or ensure that they are transferred to the Bank. Section 6.03. Exchange of views. At the request of one of them, the bank, the borrower and the guarantor periodically exchange views through their representatives on any issues related to the project, The Project Implementation Agency and the loan. Section 6.04. Trips related to the loan. If the borrower or guarantor becomes a member, it provides a good opportunity for representatives of the member bank to be in any part of its territory for purposes related to the loan. Article VII exemption from taxation section 7.01. Exemption from taxation. (A) if the borrower or guarantor is a member, that member guarantees that: (I) the principal amount of the loan, service fees and other fees on the loan will be exempt from any tax of that territory or its member territory and that any taxes will be paid without withholding; and (II) The Loan Agreement or Guarantee Agreement and the project agreement will be exempt from tax on that territory or its member territory in connection with its execution, presentation or registration. (b) if neither the borrower nor the guarantor is a member, the borrower shall ask the member to whom the project is to be carried out on its territory: (I) that the principal amount, service fees and other fees on the loan are exempt from territorial taxes or taxes on its territory and that these taxes are paid without deduction; and (II) the loan agreement, Guarantee Agreement and Project Agreement shall receive sufficient proof for the bank that it is exempt from territory taxes or from member territory taxes due to execution, indication or registration, and shall be transferred to the bank before the date of entry into force.

Article VIII suspension; Amendment; acceleration of the beginning of the payment period section 8.01. Change of amount by the borrower. After consulting with the bank and agreeing with the guarantor, if any, the borrower may warn the bank about the change of any loan amount, which the borrower will not receive until such notice, except as provided for in Section 8.04. Section 8.02. Termination of rights by the bank. If any of the following events occur and continue at any time after the date of the loan agreement, the bank may terminate the borrower's right to withdraw funds from the borrower's loan account in whole or in part by notifying the borrower or guarantor, if any: (A) the borrower does not pay the principal amount of interest, service fees, or other fees required under the guarantee agreement (I) or under any loan or guarantee agreement (II) of the bank (regardless of whether such payment can be made by the guarantor, if any, or by a third party). (b) the guarantor, if any, does not pay the principal amount of interest, service fees or other fees required under the guarantee agreement (I) or under any loan or guarantee agreement (I) or under any loan or guarantee agreement (II). (C) the borrower or guarantor, if any, does not fulfill any obligations under the loan agreement or guarantee agreement. (d) The Executive Agency of the project does not fulfill any of the obligations under the project, if any. (e) The Bank has completely or partially suspended the right of the borrower or guarantor to receive funds under any other loan agreement with the bank, if any, due to the failure of the borrower or guarantor to fulfill any of its obligations under such loan agreement or any agreement with the bank related to it. (f) A situation arises or develops that, in the Bank's opinion, makes the successful implementation of the project impossible or impossible, or the borrower, guarantor, if it exists, or the agency implementing the project, if it exists, is unable to fulfill any of its obligations under the loan agreement, Guarantee Agreement or Project Agreement. (g) A member of a bank in which the project is being implemented in its territory has suspended or withdrawn his / her membership in the bank or sent a notice of withdrawal from the Bank. (h) a statement made by the borrower or guarantor, if any, in connection with the loan agreement or guarantee agreement, or a statement made in connection with them and which the bank can rely on in the implementation of the loan is incorrect in any significant sense, or if the borrower is not a member, any significant adverse changes in the terms of the borrower, as stated by the borrower, occur in the opinion of the Bank. (i) if the borrower is not a member, if the borrower is unable to pay off debts at the time of payment due, or if the borrower or others have committed any actions or actions in connection with it, if any of the borrower's assets are divided or may be divided between creditors. (j) if the borrower is not a member of the Bank in which the project is carried out on its territory, or any authoritative person with legal rights, takes measures to liquidate or remove the borrower or suspend its operations. (K) any authoritative person who has the legal right to take measures to liquidate or remove the Project Implementation Agency or suspend its operations. (l) if any other event occurs in the loan agreement established for the purposes of this Section. The borrower's right to withdraw funds from the account is completely or partially suspended until the event or events that served as the basis for terminating the borrower's right to withdraw funds from the loan account, in the opinion of the Bank, have occurred, or until the bank notifies the borrower of the full or partial restoration of the right to withdraw funds from the account and which of them is the first. Section 8.03. Bank liquidation. If (I) the borrower's right to withdraw funds from the borrower's loan account has been suspended for a period of thirty (30) days on some loan amount, or (II) The Bank, after consulting with the borrower, decides at any time that any loan amount will not be required for Project purposes, or (III) the loan amount has not been withdrawn from the loan account on the day specified in the loan agreement as the limit date of withdrawal of funds, the bank may terminate the borrower's right to withdraw the loan amount from the account by notifying the borrower and the guarantor, if any. After the warning is made, this amount of the loan will be deducted. Section 8.04. Amounts subject to a special obligation. None of the withdrawal or termination shall be applied to the amounts subject to the special obligation entered into by the bank in accordance with Section 5.02, except those provided for in such obligation. Section 8.05. The use of exclusion. Except as otherwise agreed by the bank and the borrower, the withdrawal will apply equally to several periods from which the payment of the principal amount of the loan will begin, the period from which it will begin will come after the withdrawal period. Section 8.06. Entry into force of the terms after suspension or exclusion. All terms of the loan agreement, the Guarantee Agreement, if any, and the agreement on the project, if any, regardless of any termination or cancellation, are in full force, except as specifically provided for in this article. Section 8.07. Acceleration Of The Deadline For Which Payments Begin. If any of the following events occur and continue for the period specified below, the bank may at any subsequent time declare the principal amount of the loan expired by notifying the borrower and the guarantor, including fees and other fees for services that have accumulated and must be paid immediately, after such notification the principal amount and fees are mandatory for immediate payment: (a) any event established in Section 8.02 (A) or paragraph (B) and will continue for thirty (30) days. (b) any incident established in Section 8.02, paragraph (C) or paragraph (d), shall occur and continue for sixty (60) days after the bank has notified the borrower and guarantor, if any.

if any event marked in paragraph or paragraph (K) occurs.

(d) any other event set out in the loan agreement for the purposes of this section will occur and will continue for the period set out in the loan agreement.

Article IX

Entry into force;

Section 9.01. Prerequisites for entry into force. Loan agreement or Guarantee Agreement: (A) that the execution and presentation of the loan agreement on the part of the borrower is duly approved and approved by all necessary corporate and government actions; (b) where there is a guarantee agreement, all necessary execution and presentation of the guarantee agreement on behalf of the guarantor is duly approved and approved by corporate and government actions; (C) where there is a guarantee agreement, the execution and submission of the project agreement on behalf of the Executive Agency of the project is approved and approved by all corporate, administrative and governmental actions; (d) if the borrower is not a member, the position of the borrower in the position provided to the bank on the day of conclusion of the loan agreement has not; (E) where neither the borrower nor the guarantor is a member, the requirements of Section 4.08 (b) and Section 7.01 (B) are met; and (f) sufficient evidence for the Bank of the occurrence of events established in the loan agreement as additional conditions for its effectiveness is not effective until the Bank is provided. Section 9.02. Legal opinion. As part of the evidence to be given in accordance with Section 9.01, the borrower submits to the Bank a valid opinion or opinion for the bank or considers the transfer, which must indicate: (a) that the loan agreement on the part of the borrower has been properly approved and executed and issued on behalf of the borrower and is legally assigned to its duties in accordance with the terms of the borrower; (b) on behalf of the guarantor, if any, that the surety agreement has been duly approved and approved, executed and provided on behalf of the guarantor, is legally assigned to the guarantor's duties in accordance with the guarantor's terms; (C) on behalf of the Executive Agency of the project, if the project agreement exists, the project agreement has been duly approved and approved, executed and provided on behalf of the Executive Agency of the project, legally assigned to the Executive Agency of the project in accordance with its terms; and (d) other matters set out in the loan agreement. Section 9.03. Effective date. In cases other than those otherwise decided by the bank and the borrower, The Loan Agreement and the Guarantee Agreement, if any, enter into force on the day when the bank sends the borrower and the guarantor a warning about the acceptance of the evidence required under Section 9.01. Section 9.04. Termination due to non-entry into force. If the loan agreement does not enter into force on the date specified in the loan agreement for the purposes of this section, the loan agreement or guarantee agreement, if it exists, and all obligations of the parties are terminated if the bank, after considering the grounds for postponement, sets a later deadline for the purposes of this Section. The bank immediately notifies the borrower and the guarantor of such a late period. Section 9.05. Termination of full payment. If the entire principal amount of the loan is withdrawn from the loan account, and all service fees and other loans accumulated in the loan have been paid, the Loan Agreement and obligations of all parties to them are terminated. Article X possibility of enforcement of Coercion; Non-use of Rights; Arbitration Court section 10.01. Coercion. (a) the rights and obligations of the Bank and the borrower under the Loan Agreement and the guarantor under the Guarantee Agreement shall be valid and enforced regardless of the law or political division of the country, in accordance with their terms and in the event that the borrower or guarantor are members. (b) neither the Bank nor the borrower nor the guarantor shall have the right to declare under this article that any condition of the loan agreement or guarantee agreement is invalid or not subject to enforcement as a result of any condition of the Articles of the Bank agreement or for any other reason. Section 10.02. Obligations of the guarantor. The guarantee of the guarantor is obtained only after the fulfillment of the obligations under the agreement, and in this case only in accordance with the degree of fulfillment. Such obligations shall not be subject to any prior notice, claim or action against the borrower, or any warning of the guarantor or action against the guarantor on any action of the borrower, and shall be subject to an extension of the term, leniency or flexibility of the borrower; any form of protection of Rights, Authority or failure to protect or delay the protection of rights, actions against the borrower or on the guarantors of the loan; improvement or increase in the terms of the loan agreement, any failure of the borrower to comply with the rules and orders of a legal, legal member of the bank, or any branch or agency of such a member of the Bank, in which the project is carried out on its territory. Section 10.03. Failure in the exercise of the right. No postponement of the exercise of the right, or a gap in the exercise of the right, any authority or right of judicial defense, which each party under a loan agreement or guarantee agreement has in the event of any misconduct, does not diminish such right, authority or right of judicial defense and does not imply a waiver of the right or tacit consent to such behavior; the action of such party on any misconduct or tacit consent does not affect or diminish the right or authority of such party or the right to judicial protection from any other or subsequent act. Section 10.04. Arbitration court. (a) any dispute between a loan agreement and a guarantee agreement, any claim arising out of a loan or guarantee agreement against such another party, arising out of an agreement of the parties, shall be referred to the arbitration court as provided for in this regulation. (b) the parties involved in such arbitration shall be the bank on the one hand and the borrower and guarantor on the other, if any. (C) the arbitration court shall consist of three judges, appointed as follows: one judge is appointed by the Bank, another by the borrower and guarantor, if it exists, or where it is valid, if they disagree; a third judge (known here and below as the superorder) shall be appointed by agreement of the parties, or, if they disagree, by the president of the International Court If any of the parties cannot appoint an arbitrator, if the arbitrator appointed in accordance with this Section resigns, dies or becomes incapacitated, another arbitrator will be appointed to replace him. He will be appointed exactly as the first arbitrator was appointed, and he will enjoy all the rights and authority of the first arbitrator. (d) an arbitration process may be initiated under this section after written notification of the other party or the party instigating such a process. Such a written message contains a statement indicating the nature of the dispute or claim to be submitted to arbitration, the nature of the assistance required, and the name of the arbitrator appointed by the party initiating such a process. Within 30 days of sending such written notice, the other party or parties shall inform the party leading the process of the name of the arbitrator appointed by such other party or parties. (E) if the parties cannot reach an agreement on the superarbitre within 60 days of notification of the initiation of the arbitration process, either party may request the appointment of a superarbitre in accordance with what is provided for in paragraph (C) of this Section. (f) the arbitration court meets at the time and place appointed by the superarbitre. The arbitration court then decides where and when it will establish a meeting. (g) in accordance with the terms of this section and unless otherwise resolved by the parties, the arbitration court shall resolve all matters within its competence and establish its jurisdiction. All decisions of the arbitration court are made by a majority vote. (h) the arbitration court grants all parties a fair right to hear their speech and makes a written decision. Such a decision can also be made in absentia. The decision signed by the majority of the arbitration court is the decision of such a court. A signed copy of such a decision will be provided to each party. Any such decision made in accordance with the terms of this section will be final and binding on the parties to the Loan Agreement and the Guarantee Agreement, if any. The Arbitration Court adheres to and agrees with the decision made in accordance with the terms of this Section. (I) the parties shall establish the amount of remuneration granted to arbitrators and other persons, as necessary for the conduct of the arbitration process. If the parties do not agree on the amount of remuneration after the convocation of the arbitration court, the arbitration court sets the amount that would be appropriate in such cases. Each party pays its own costs in the arbitration process. The costs of the arbitration court, on the one hand, the Bank and, on the other hand, the borrower and the guarantor, if any, are divided and paid equally. Any issue related to the payment of arbitration costs or the right to pay such costs shall be established by the arbitration court. (j) the terms set out in this section for the conduct of the Arbitration Court shall apply to the Loan Agreement and the Guarantee Agreement, if any, for any other right to resolve disputes between the parties and to any claim of one party to the other arising from this.  

(b) allocation of member bank funds for which the project is carried out in its territory

if there is such a distribution of its share, the loan agreement or

A guarantee agreement, if any, on or with the Bank

in the event of a loan agreement or a guarantee agreement

"I don't know," he said.

Section 11.05. Copies Of The Agreement. Loan agreement or guarantee

The agreement, if it exists, is drawn up in several copies, of which

each is original.

Read:

Kobdalieva A.

Omarbekova A.

President

Republic of Kazakhstan

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