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Treaty Series Recuei dens Traitds - United Nations Treaty Collection

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304 <strong>United</strong> <strong>Nations</strong> - <strong>Treaty</strong> <strong>Series</strong> 1967<br />

304 <strong>United</strong> <strong>Nations</strong> - <strong>Treaty</strong> <strong>Series</strong> 1967<br />

Section 2.09. (a) The Rdgie shall operate and maintain the Railways, and<br />

from time to time make all necessary renewals and repairs thereof, all in accordance<br />

with sound engineering and railway practices.<br />

(b) The Rdgie shall at all times manage its affairs, plan the development<br />

of the Railways and maintain its financial position all in accordance with sound<br />

engineering, railway, financial and business principles and practices and with<br />

qualified and experienced management.<br />

Section 2.10. The Rdgie shall from time to time take such steps (including,<br />

but without limitation, adjustments in its rates and fares) as shall be required<br />

to provide revenues sufficient, by such date or dates as shall be agreed upon between<br />

the Borrower, the Association and the Rdgie : (a) to ensure a reasonable return<br />

on its net fixed assets, after covering all operating expenses, including adequate<br />

maintenance and depreciation ; and (b) to enable it, out of its cash resources, to<br />

meet debt interest and amortization, to establish and maintain adequate working<br />

capital, and to finance a material part of its capital expenditures.<br />

Section 2.11. (a) The R~gie shall give priority to the carrying out of the<br />

Project and shall, if necessary to ensure the prompt completion of the Project,<br />

defer the carrying out of other works.<br />

(b) The Rdgie shall not make any substantial modification in its Investment<br />

Plan, or until such Investment Plan shall have been carried out, make any substantial<br />

expenditures for capital goods or works other than those provided for in such<br />

Investment Plan, without prior consultation with the Association.<br />

Section 2.12. The Rdgie shall take such action as shall be reasonable in the<br />

circumstances to facilitate railway operations between the territories of the Borrower<br />

and the territories of the Republic of Mali, in accordance with the International<br />

Traffic Agreement, the Customs Agreement and the Railway Convention.<br />

Article III<br />

EFFECTIVE DATE; TERMINATION-<br />

Section 3.01. (a) This Project Agreement shall come into force and effect<br />

on the Effective Date.<br />

(b) If pursuant to Section 6.03 of the Development Credit Agreement, the<br />

Development Credit Agreement shall be terminated, this Project Agreement and<br />

all obligations of the parties hereunder shall also terminate and the Association shall<br />

promptly notify the R~gie thereof.<br />

Section 3.02. This Project Agreement shall terminate and the obligations<br />

of the parties hereunder shall cease and determine: (i) on the date when the<br />

Development Credit Agreement shall terminate in accordance with its terms; or<br />

(ii) 30 years after the date of this Project Agreement, whichever shall be earlier.<br />

No. 8607

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