AMENDMENT AGREEMENTIN RELATION TO THE FINANCE CONTRACTS 23.761, 24.745, 25.002, 25.198, 25.497, 25.610, 25.872, 81.657 AND 82.640 BETWEEN THE REPUBLIC OF SERBIA AND THE EUROPEAN INVESTMENT BANK("Off. Herald of RS - Treaties", No. 11/2017) |
Luxembourg, 27 October 2017
Belgrade, 1 November
2017
THIS AGREEMENT IS MADE BETWEEN:
(1) the Republic of Serbia (the "Republic of Serbia"); and
(2) the European Investment Bank (the "Bank"),
together referred to as the "Parties".
BACKGROUND
(А) The Republic of Serbia (as the "Borrower") and the Bank have entered into finance contracts relating to the below transactions:
1. CLINICAL CENTERS / A (FI 23.761 - Serapis 2004-0340)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 8 December 2006, as subsequently amended (the "Finance Contract 23.761") - Amendment No. 5 to the Finance Contract
2. CLINICAL CENTERS / B (FI 24.745 - Serapis 2004-0340)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 12 December 2008, as subsequently amended (the "Finance Contract 24.745") - Amendment No. 4 to the Finance Contract
3. MUNICIPAL AND REGIONAL INFRASTRUCTURE LOAN B (FI 25.002 - Serapis 2008-0083)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 12 June 2009, as subsequently amended (the "Finance Contract 25.002") - Amendment No. 5 to the Finance Contract
4. CORRIDOR X (E-75) MOTORWAY (FI 25.198 - Serapis 2006-0324)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 23 October 2009, as subsequently amended (the "Finance Contract 25.198") - Amendment No. 3 to the Finance Contract
5. PUBLIC SECTOR RESEARCH AND DEVELOPMENT (FI 25.497 - Serapis 2009-0283)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 4 March 2010, as subsequently amended (the "Finance Contract 25.497") - Amendment No. 3 to the Finance Contract
6. SCHOOL MODERNISATION PROGRAMME (FI 25.610 - Serapis 2009-0284)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 8 June 2010, as subsequently amended (the "Finance Contract 25.610") - Amendment No. 3 to the Finance Contract
7. CORRIDOR X (E-80) MOTORWAY PHASE I (FI 25.872 - Serapis 2008-0546)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 29 November 2010, as subsequently amended (the "Finance Contract 25.872") - Amendment No. 3 to the Finance Contract
8. UPGRADING OF JUDICIARY BUILDINGS B (FI 81.657 - Serapis 2009-0405)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 28 November 2016 (the "Finance Contract 81.657") - Amendment No. 1 to the Finance Contract
9. ROAD REHABILITATION AND SAFETY (FI 82.640 - Serapis 2012-0367)
Finance contract entered into by and between the Republic of Serbia and the European Investment Bank on 27 November 2013, as subsequently amended (the "Finance Contract 82.640") - Amendment No. 2 to the Finance Contract
the Finance Contract 23.761, the Finance Contract 24.745, the Finance Contract 25.002, the Finance Contract 25.198, the Finance Contract 25.497, the Finance Contract 25.610, the Finance Contract 25.872, the Finance Contract 81.657 and the Finance Contract 82.640 collectively referred to as the "Finance Contracts"
(B) Further to the Republic of Serbia’s request dated 25 August 2017, the Parties have agreed to enter into this Amendment Agreement (hereinafter, the "Amendment Agreement") for the purpose of amending Article 6.04 (Procurement Procedure) of each of the Finance Contracts.
IT IS AGREED as follows:
1. INTERPRETATION
Definitions
Unless a contrary indication appears, capitalised terms defined in the Finance Contracts have the same meaning when used in this Amendment Agreement. References to Articles in this Amendment Agreement are references to Articles in the Finance Contracts.
2. AMENDMENTS
The Finance Contracts are hereby amended as set out below.
Article 6.04 of each of the Finance Contracts
An additional sentence shall be inserted at the end of Article 6.04 (Procurement Procedure) of each of the Finance Contracts with the following text:
"The review procedures for remedies, as provided for in Serbian law, shall be available to any party having had an interest in obtaining a particular contract and who has been or risk being harmed by an alleged infringement."
3. CONTINUING OBLIGATIONS
The provisions of the Finance Contracts shall, save as amended by this Amendment Agreement, continue in full force and effect. The Republic of Serbia acknowledges and agrees that, other than as expressly set out and agreed hereby, this Amendment Agreement does not constitute a waiver granted by the Bank or amendment of any other term or condition of the Finance Contracts. The Bank reserves any and all contractual and legal rights it has under the Finance Contracts and the applicable law.
The Republic of Serbia shall, at the request of the Bank and at its own expense, do all such acts and things necessary or desirable to give effect to the amendments effected or to be effected pursuant to this Amendment Agreement.
4. GOVERNING LAW AND JURISDICTION
4.1 Governing Law
This Amendment Agreement shall be governed by the laws of the Grand Duchy of Luxembourg.
4.2 Jurisdiction
The Parties hereby submit to the jurisdiction of the Court of Justice of the European Union.
5. ENTRY INTO FORCE
This Amendment Agreement shall enter into force upon confirmation by the Bank to the Republic of Serbia in writing (including via electronic mail) that the Bank has received a certified copy of the Official Gazette of the Republic of Serbia publishing the law on ratification of this Amendment Agreement by the Parliament of the Republic of Serbia.
This Amendment Agreement has been entered into in four (4) originals in the English language, each page having been initialed on behalf of the Republic of Serbia and on behalf of the Bank.
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Signed for and on behalf of the THE REPUBLIC OF SERBIA
the Minister of Finance Dušan VUJOVIĆ, Ph.D.
this 1st day of November 2017, |
Signed for and on behalf of EUROPEAN INVESTMENT BANK
the Head of Division Massimo NOVO the Loan Officer Wolfgang SPIELES
this 27th day of October 2017, |