AMENDMENT AND RESTATEMENT AGREEMENT
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2015 69 029
Preamble
(A) On the basis of the intergovernmental protocol dated 25 November 2015 between the Government of the Federal Republic of Germany and the Government of the Republic of Serbia on Financial Cooperation, KfW and the Recipient entered into a financing agreement dated 9 November 2016 (the "Original Agreement"). Due to a change of the units acting on behalf of the Recipient the Original Agreement shall be amended and restated by way of this Amendment and Restatement Agreement (the "Agreement").
(B) The Recipient continues to be represented by the Ministry of Labour, Employment, Veteran and Social Affairs ("MoLEVSA") with regard to the execution of the amended and restated Original Agreement. The Public Investment Management Office ("PIMO") will be responsible for the implementation of the investment measures related to the Programme (as defined in the Agreement). The respective detailed roles and responsibilities will be specified by a separate agreement to be concluded between the Recipient and KfW ("Separate Agreement").
(C) Furthermore, based on the intergovernmental protocol dated 19 September 2017 between the Government of the Federal Republic of Germany and the Government of the Republic of Serbia on Financial Cooperation, the Federal Republic of Germany has committed to the Republic of Serbia an additional financial contribution for the Programme.
(D) For this reason, KfW and the Recipient (each a "Party", together referred to as the "Parties") intend to amend the Original Agreement by way of this Agreement as follows:
1. Interpretation
Subject to any express provision to the contrary in this Agreement or unless the context otherwise requires, terms defined in the Original Agreement shall have the same meaning in this Agreement.
2. Amendment and restatement
With effect from the date of entry into force of this Agreement the Original Agreement shall be amended and restated so that it shall be read and construed for all purposes as set out in the Annex attached hereto.
3. Further assurance
The Recipient agrees to do all such acts and things necessary or reasonably desirable to give effect to the amendments effected or to be effected pursuant to this Agreement.
4. Incorporation of terms
The provisions of articles 4.2, 5, 8.3, 8.4, 8.5 and 8.6 of the Original Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.
5. Entry into force
This Amendment and Restatement Agreement will enter into force and effect when
a) it has been ratified by the National Assembly of the Republic of Serbia; and
b) the Recipient has provided KfW with a written confirmation that the Amendment and Restatement Agreement has been duly ratified and published according to applicable law.
Should the Amendment and Restatement Agreement not have entered into force and effect within four months following the date the last party has signed this Agreement, KfW may, as of the day following the end of the four months period until the date of entry into force, unilaterally withdraw from this Amendment and estatement Agreement and thus terminate its provisional ineffectiveness by sending a written notification to the Recipient.
Done in 4 (four) originals in the English language.
Belgrade,
this ___ day of __________, 2019
For the Republic of Serbia
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Frankfurt am Main,
this ___ day of ________, 2019
For KfW
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Annexes, which are an integral part of this Agreement, published in the "Off. Herald of RS - Treaties", No. 16/2019, you can see HERE