OFFICIAL DOCUMENTS IMPILEMENTATION AGREE MIFNT FOR THE KOSOVO FEASIBILITY STUDY FOR THE PROTECTION OF THE IBER CANAL PROJECT FINANCED OUT OF THE "WESTERN * BALKANS: WBlF PROGRAM TRUST FUND- KOSOVO" Tn st Fund Number: TF072016 Whereas, the International Bank I or Reccnstruction and Development (hereinafter referred to as the "World Bank") and the European Eank for Reconstruction and Development acting as co-manager of the European Western Balkans Joint Find (her .inafter referred to as the "EBRD") entered into a Trust Fund Administration Agreement Regarding Impl,-mentation by The World Bank of Projects Approved by the * Steerini Committee of the Joint Gr.nt facility of the Western Balkans Investment Framework, in Kosovc. dated March 20, 2013 (the "A imir istration Agreement"). Whereas, the Ministry of Environment and Spatial Planning (the "Project Beneficiary") has requested the World Elank to provide to 1he Projcct Beneficiary technical assistance for implementation of the Project, as described in Schedule 1 of this Implemer tation Agreement. Whereas, on June 14, 2012, the Stcering C )mmittee of the JGF has approved the Project to be financed out of the EWBJF Resources and has issigried the World Bank to act as a Lead Financial Institution, as such te--m is defined in the Adminisrrat on /greement. Whereas, the World Bank agrees to im])lem,,nt the Project in accordance with the terms and conditions set forth in the Administration Agreem,,nt and in this Implementation Agreement. Now thvrefore, the World Bank anc thc EBRD, agree as follows: Terms rot otherwise defined in this Im pler entation Agreement are used as defined in the Administration Agreement. 1. Implementation Period of the Prcject The implementatio-i period of the Iroject shall commence on the day following the date of entry into force of this Impler ien:atioi Agreement (the "Commencement Date") and shall be completed by December 31, 2(14, which shall in no case be less than four (4) months prior to the End Disbursement Date (1he 'Closing Date). The period of time between the Commencement Date and the Closiig Date, both inclusive, shall constitute the "Implementation Period" of the * Project. 2. Amount and disbursement of the Contribution In accordance with the provi:;ions of the Administration Agreement and the approval of the Steering Committee of the JGF of the WBIF dated June 14, 2012, the EBRD shall transfer the EWBJF Grant to the World Bank i ithe amount of EUR 500,000 (five hundred thousand Euros) * to the Trust Fund. EBRD shall inform the World Bank when such payment has been initiated. When making each such transfer, EB RD sha 1 i-istruzt its bank to include in its payment details information (remittance advice) field (f iis SWIFT payment message, information indicating: the amount paid, that the payment is made by the EBRD for TFO72016 the "Western Balkans: WBIF Program-Kosovo" (the "Tr ust Funl") for the Kosovo: Feasibility Study for Protection of Iber * Canal (P143130) znd the cate of the deposit (the "Deposit Instruction"). In addition, the EBRD -1- shall provide a copy of tl-e EBRD's Deposit Instruction to the World Bank's Accounting Trust Funds Division by e-mail ent to tiremitadvice@worldbank.org or by fax sent to (202) 614-1315. The World Bank shall piomptly confirm receipt of the full amount of the EWBJF Grant so transferred. 3. Payment Terms 3.1 Following the entry into fcirce of this Implementation Agreement, the EWBJF Grant shall be paid in full by the EBRD in EU R, 10 the Trust Fund, within 15 (fifteen) days of the receipt of a Call of Funds from the World Bar k. 3.2 It is expressly acknowledg .d E nd a greed that the EBRD shall not be obliged to make any payment under and/or pursuant to t is Impl -mentation Agreement, except to the extent that an amount in respect of, and eqial to, such pay nent is available to the EBRD in the Fund Account for such purpose. 4. Use of the EWBJF Grant The EWBJF Grant shall b u ed by the World Bank solely for the purpose of implementing the Project in accordance v ith thi, Implementation Agreement, and the provisions of the Administration Agreement Upon transfer of t.ie EWE JF Grar t by the EBRD to the World Bank, the World Bank shall be solely responsible for the ma iage nent and administration of the EWBJF Grant in accordance with the terms of the Admiiistratio i Agreement and this Implementation Agreement. 5. Communication * Except as provided for in Section 4.3 of the Administration Agreement, any notice, request or other communication to b- given or made under this Implementation Agreement shall be in writing and delivered by nail, fa,:simile or e-mail to the respective party's address specified below or at such other adres; as such party notifies in writing to the other party from time to time: For the World Bank: Ahmed Shawky M. Abdel Ghany Senior Water Resources Spzcialist Sustainable Development Sector Unuit The World Bank 1818 H Street, NW * Washington, DC 20433 U.S.A. Tel: (202) 473-1712 Fax: (202) 522 0895 E-mail: ashawkvworldb !nk.rg -- 2-- For the EBRD: * EBRD One Exchange Square London EC2A 2JN United Kingdom Attention: Director Donor Co-Finar cing Telefax: +44 207 3 38 6942 E-mail: Jonesr(aeb -d.com 6. Amendment This Implementation Agre meit m ay be amended only in writing between the World Bank and the EBRD, in accord with ihe EIB,. except for changes in communication addresses, which may be agreed by exchange of l tter s am ng the Parties. 0 7. Disclosure The World Bank will disclcose 1 his Implementation Agreement and applicable related information on this Implementation Agreemen in accordance with the World Bank Policy on Access to Information. By entering irto this Implementation Agreement, the EBRD consents to disclosure of this Implementation Agr!em ent and related information on the Implementation Agreement. 8. Settlement of Disputes Any disputes arising out of )r i:i cotinection with this Agreement, including its existence, validity, nterpretation or ter-ninatior sh ill bi settled amicably between the World Bank and the EBRD. In default of amicable settlem nt, the Aorld Bank or the EBRD may refer the matter for resolution hrough arbitration in accoi darce A ith the UNCITRAL Arbitration Rules as at present in force. So There shall be one arbitrato and the appointing authority shall be Permanent Court of Arbitration at The Hague. The place of arb trati n shall be The Hague and the English language shall be used throughout the arbiiral proc,,ed ngs. The arbitral tribunal shall not be authorized to grant, and the parties agree that neither Part) shal1 seek from any judicial authority, any interim measures or pre-award relief against the thei Party, any provisions of UNCITRAL Arbitration Rules notwithstanding. 9. Privileges and Immunities Nothing in this Agroement :hall be :onstrued as a waiver, renunciation or modification of any of 1he immunities, privileges or exem)tions enjoyed by the World Bank, the EBRD and the EIB, their Governors, Directors, a ternites, officers and employees pursuant to their respective constituent documents, inteinat.onal convention or any applicable law, all of which are expressly * reserved. 10. Accord with the European In-estr lent Bank For purposes of the EWBJF Genera Conditions, the EBRD hereby represents to the World Bank that it is entering into this Agreemer t in full accord with the EIB. -- 3 -- IN WENESS WHEREOF, each I 'art y, ac ting through its duly authorized representative(s), has signed two originals of this Agreement ii the English language, all originals having equal force for all legal * purposr!s. This Agreement shall become eff active as the date of the last countersignature. FOR TH ORLD BANK: FOR THE EBRD: By: By: n. _g.. Authorized Representati e Authorized Representative Iame -AA ______ Name: R. p6lg 'c T: tle: u,<, ,c-4'^ Title:'Ese k Date: O Date: ( / / 2 o(3 -- 4-- 0 SCHEDULE I TO THE IMPLEMENTATION AGREEMENT FOR THE KOSOVO FEASIBI LITY ST UDY FOR THE PROTECTION OF THE IBER CANAL 0 This Schedule 1 shall be a-plicable to and form an integral part of the Implementation Agreement entered into be:ween the World Bank and I he .BRD. A. DESCRIPTION OF THE PROJECT (1) The objective of the Project is to h -lp lay the foundations for improving the reliability and quality of water supply to Central K osoN o, home to the commercial and administrative centre of the country, by defin .ng, through a 'easibility study, the investment measures needed to secure uninterrupted and good qiiality mater supply from the Iber-Lepenc Canal. The results of the feasibility study will help to identify and subsequently develop an investment project to be financed by national and ir terniatio ial donors. (2) The Project consis-s of the foll owir g Parts: World Bank Executed Activities: Part 1: Carry out a feasibility study (including related environmental and social assessments and management plans) which will anilyse the investment measures needed to secure uninterrupted and good quality vNater supily fror the Iber-Lepenc canal, such investment measures to include: 0 (a) canal repair (linirig, abutnents, foundations, cuttings, culverts, etc.) and protection against renewed physical damage from landslides, unstable soils, and man-made disruptions; (b) provision of equip -neiit fo - better management of gates and regulation of water flows, including provisioris for rem iote monitoring and controlling of other structures; (c) short-term storage alo g tf e canal to bridge peak water demand and temporary outages for repair purposes, (d) protection of the anal against pollution, accidental pollution and other threats and disruptions such as fencing and covers; (e) analysis of the safity nd he optimized operational schedule of the Gazivoda reservoir and dam which will incluc e a dam safety analysis and 'Most Probable Flood' analysis, spillway review, water ba ance and short-term and long-term hydrological analysis, a review of the utilization of the main reservoir and the balancing reservoir for optimum power generation aiid a pro >osal for structural and operational improvements; and g (f) better integrated n anagerr ent of the river basin, with capacity building, institutional strengthening, and )reparat on of an EU-compliant river basin management plan. B. CATEGORIES OF EXPENDI TL RES The EWBJF Grant for the Project may be used to finance the following categories of expenditure, as applied by the World Bank: - Associated Overheads; -- 5-- - Consultants Fees; - Contractual Services; * - Extended Term Consultants; - Media and Workshop Costs; - Staff Costs (with indirocts, as app icab e); - Travel Expenses; and - Temporary Support Staff Cost;. -- 6--