Selanjutnya
/
A.I.D. Loan No.
LOAN
AGREEMENT
BETWEEN THE
REPUBLIC OF INOONESIA
AND THE
UNITED STATES OF AMERICA
DATE:
August 26, 1971
ＴＹＷＭｈｾＰＲＶ＠
TABLE OF CONTENTS
SECTION NUMBER
ARTICLE
I
PAGE
The Loan
1
SECTION 1.01 The Loan
1
ARTICLE
II
SECTION
SECTION
SECTION
SECTION
SECTION
2.01
2.02
2.03
2.04
2.05
ARTICLE III
SECTION 3.01
SECTION 3.02
ARTICLE
IV
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
Terms of Repayment and Interest
1
Payment Obligations
Currency of Repayment
Interest
Principal
Renegotiation of Terms
1
1
1
2
2
Conditions Precedent
2
Conditions Precedent to Financing
Terminal Date for F\tlfillment of Conditions Precedent
2
3
Procurement , Utilization, and Eli gibility of Commodities
3
4.01
4.02
4.0J
4.04
4.05
4.06
4.07
A.I.D. Regulation 1
Source of Procurement
Date of Procurement
Eligible Items
Procurement for Public Sector
Procurement for Private Sector
Utilization of Commodities
4.08 Limitation to Private Sector Use
4.09 Minimum Size of Transactions
4.10 Procedures
4.11 Port Charges
3
3
3
3
3
4
4
4
4
4
5
Letters of Commitment and Disbursement
5
SECTION 5.01 Request for Letters of Commitment
SECTION 5.02 Other Forms of Disbursement
SECTION 5.03 Terminal Date for Requests for Letters of Commitment
SECTION 5.04 Terminal Date for Requests for Disbursement
SECTION 5.05 Documentation Requirements
5
ARTICLE
ARTICLE
V
VI
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
Additional Covenants and Warranties
6.01
6.02
6.03
6.04
Reports
Notice of Adverse Developments
Taxation on Loan Ap,reement and Payments Thereunder
Commissions, Fees, and Other Payments
6.o5 Financing Physical Facilities
6.06 IMF Stanby Agreement
6.07 Local Currency Proceeds
5
5
5
6
6
6
6
6
6
6
7
7
ii
PAGE
SECTION NUMBER
ARTICLE VII
SECTION
SECTION
SECTION
SECTION
SECTION
7.01
7. 02
7. 03
7. 04
7.05
ARTICLE VIII
Remedies of A.I . D.
7
Event s of Defaul t; Acceleration
Termination of Disbursement, Transfer of Goods to A. I. D.
Refunds
Waivers
Expenses of Collection
7
7
Miscellaneous
8
SECTION 8.01 Use of Representatives
SECTION 8.02 Communications
8
8
8
8
9
LOAN AGREEMENT
AGREEMENT date d the Twenty-Sixth day of August, 1971, bet•;een the Government
of the REPUBLIC OF INDONESIA ( 11 Borrower 11 ) and the Governm3nt of UNITED STATES OF
AMERICA, acting through the AGENCY FOR INTERNATIONAL DEVELOPMENT ( 11 A.I.D. 11 ) .
ARTICLE I
The Loan
SECTION 1.01 . The Loan. In accordance with the Economic Cooperation
Agreement between the Government of the Republic of Indonesia and the Government
of the United States of America signed at Djakarta, October 16, 1950, as
supplemented by the Exchange of Not es of Economic and Technical Cooperation
signed at Washington and Djakarta, J anuary 5 and 12, 1953, and subject to the
terms and conditions of this Agreement, A.I.D. hereby agrees to lend Borrower
pursuant to the Foreign Assistance Act of 1961, as amended, an amount not to
exceed Fifteen Million Dollars ($ 15,000,000) for the foreign exchange costs of
commodities and commodity related services needed to promote the stabilization,
rehabilitation and development of the Indonesian economy, including essential
raw materials, spare parts and machinery and equipment . Commodities and
services authorized to be financed hereunder are hereinafter referred to as
11 Eligible Items 11 •
The aggr egate amount disbursed her eunder is hereinafter
referred to as "Principal 11 •
ARTICLE II
Terms of Repayment and Interest
SECTION 2.01. Payment Obligations. The Borrower agrees to repay the
Loan, and to pay interest on the Loan, in accordance with the terms of this
Agreement. All payments shall be applied first to the payment of the accrued
interest and then to the r epayment of the Principal due.
SECTION 2.02.
to make payments under
coin or currency as at
of America for payirent
Dollars").
Currency of Repayment. All obligations of the Borrower
this Agreement shall be discharged by the payment of such
the time of payment is legal tender in the United States
of public and private debts (herein called "United States
SECTION 2.03. Interest. Borrower shall pay to A.I.D. interest which
shall accrue at the rate of two percent (2%) per annum during ten years
immediately following the date of the first disbursement hereunder and at the
rate of three percent (3%) per annum thereafter on the outstanding balance of
Principal and on any due and unpaid interesto Interest on the outstanding
balance shall accrue from the date of each respective disbursement and shall be
computed on the basis of a 365-day year. Disbursement hereunder shall be deemed
to occur on the date on which payment by A.I.D. is made either directly to
Borrower or its designee or to a banking institution pursuant to a l etter of
commitment. Interest shall be payable semi-annually. The first payment of
interest shall be due and payable no later than six (6) months after the first
disbursement hereunder on a date to be specified by A.I.D.
- 2 -
SECTION 2.04. Principal . Borrower shall repay the Principal to A.I.D.
in United States dollars within forty (40) years from the date of the first
disbursement hereunder in sixty-one (61) approximately equal semi-annual
installments. The first installment of Principal shall be due nine and onehalf ＨＹｾＩ＠
years after the first interest payment is due in accordance with
Section 2.0J. Upon completion of disbursement, A.I.D. will furnish an
appropriate Amortization Schedule.
SECTION 2.0S. Renegotiation of Terms . Borrower and A.I.D. agree that,
at the request of either party but not sooner than six (6) month s prior to the
date when the first repayment of Principal is due , they will negotiate concerning appropriate acceleration of the repayment of the principal. It is agreed
that Borrower and A.I.D. will mutually determine to what extent repayment
should be accelerated on the basis of one or more of t he following criteria:
(a). , Significant improvement in the internal economic and
financial situation of the Republic of Indonesia;
(b) • Favorable trends in the balance of payments and foreign
exchange holdings of the Republ ic of Indonesia;
(c). Ability of the Republic of Indonesia to make future
repayments of A.I.D. loans without interfering with the service of debts owing
to any United States Government agency or any international organization of
which the United States is a member.
ARTICLE III
Conditions Precedent
SECTION J.01. Conditions Precedent to Financing . Prior to and as
conditions precedent to the issuance of the first letter of commitment or other
author:i,..zation of disbursement, unless A.I.D. agree s otherwise, the Borrower
shall furnish in form and substance satisfactory to A.I.D.:
(a) . An opinion or opinions of the Minister of Justice of
Indonesia or of other counsel satisfactory to A. I.D. demonstrating that t he
Agreement has been dul y authorized or ratified by and executed and delivered
on behalf of the Borrower and constitutes a valid and binding obl igation of
the Borrower in accordance with its terms;
(b). Evidence of the authority of the person or persons who will
act as the representatives of the Borrower in connection with the operation of
this Agreement, together with the authenticated specimen of signature, in
duplicate, of each such person;
(c) . Evidence that Borrower is continuing its standby arrangement
with the International Monetary Fund (IMF) e
SECTION J.02. Terminal Date for Fulfillment of Conditions Precedent.
If t he conditions required by Section J . 01 have not been completed within thirty
days after the date of this Agreement or by such other date as shall be agreed
to in writing by A.I.D. , A. I.D. may at any ﾷｾｩｭ･＠
thereafter at its option
t erminate this Agreement by giving notice to the Borrower. Upon the gi ving of
such notice all obligations of the parties heNunder shall forthwith be termi nated.
ARTICLE I.V
Procurement, Utilization, and Eligibilit y of Commodities
SECTION 4.01. A.LD. Regulation 1. Except as A.I.D. may otherwise
specify in writing, this Loan and the Procurernent and Utilization of Eligibl e
Items financed under it is subject to the terms and conditions of A. I. D.
Regulat ion 1 as f rom time to time amended and 1.n eff ect, which is incorporated
and made a part hereof . If any provision of A.I.D. Regulation 1 is inconsi stent
with a provi sion of the Agreement, the provision of this Agreement shall govern.
SECTION 4.02. Source of Procurement. Except as A.I.D. may specify i n
commodity procurement instructions or implementation l etters, or as it may ot herwise agree i n writing, all Eligibl e Items shall have t heir source and origin in
those countries noted as eligible under Code 941 of the A.I.D. Geographic Code
Book as in effect at the time orders are placed or contracts entered into f or such
Eligible Items.
SECTION 4.0J. Da.te of Procurenent. No commodities or commodity r el ated
services may be financed under lett ers of credit opened prior to the Eligibility
Date, which shall be the date of t his Agreement., nor, in the case of payment s
not made through letters of credit, where the l ill of l ading is dated prior t o
the Eligibility Date.
SECTION 4.04. Eligible Items. All commodities which may be imported
and paid f or with Credit Foreign Exchange (Devisa Kredit) under regulations of
the Borrower in effect on the date of this Agreement shall be eligible for
financing under the Loan, subject to any exceptions or conditions stated i4
this Agreement or in any Implementation Letter or Commodity Procurement Instruction which may be issued hereunder. Other items shall become eligible for
financing under this ａ ｧｲ･ｮｾ＠
only with the wl".'itten agreement of A.I. D. A.I.D.
may decline to f inance any specific commodity or service when in its judgement
such financing would be inconsistent wi th the purpo se of the Loan or of t he
Foreign Assistance Act of 1961, as amended.
SECTION 4.05. Procurement for Public Sector. With respect to procurement hereunder by or for the Borrower, its agencies and any subsidized st at e
enterprise:
(a). Notwithstanding Section 201 .ll(a) of A.I . D. Regulation 1,
Borrower shall avail itself of opportunities tc procur e U.S. Goverrunent - owned
excess property to the maximum extent consistent wit h the purpose of this Loan;
(b). The provisions of Secti0n 201.22 of A. I.D. Regul at ion 1
re garding competitive bid procedures shall apply unless A.I.D. other\ds f inanced hereunder shall be transferred
to A.I.D., if the goods are in a deliverable state and have not been offloaded
in ports of entry of Indonesia.
SECTION 7.0J. Refunds. In addition to any refund otherwise required
by A.I.D. pursuant to Regulation 1, if A.I.D. determines that any disbursement
is not supported by valid documentation in accordance with this Agreement, or
is in violation of the laws governing A. I.D . or that the assistance finance d
under this Agreement is not financed or used in accordance with the terms of
this Agreement, the Borrower shall pay to A.I.D. within ninety days after
receipt of requests the full amount of such disbur sement, Refunds paid by the
Borrower to A.I.D. resulting from violations of the terms of this Agreement
shall be considered as a reduction in the amount of A. I.D. 1 s obligation under
the Agreement reducing the disbursements and the Agreement value and shall not
be available for reuse under the Agreement . For administrative purposes those
refunds paid by the Borrower which are less than $ 10,000 shall serve to reduce
the last principal repayment. When, however, such refunds are $ 10,000 or over
the Amortization Schedule shall be revised.
SECTION 7.0h. Waivers . No ､ ･ ｬｾｹ＠
in P.Xercising or omitt.inP' to exercise,
any right, power, or remedy accruing t0 A. I, D. under this Agreement shall be
construed as a waiver of any of these rights, powers, or remedies.
SECTION 7.05.
enses of Collection. All reasonable costs incurred
by A.I.D . (other than salaries of its staff in connection with the collection
of amounts due under this Agreement may be charged to Borrower and reimbursed
as A.I.D. may specify.
ARTICLE VIII
Miscellaneous
SECTION 8.01.
Use of Representatives.
(a). All actions required or permitted to be performed or taken
under the Agreement by the Borrower or A.I.D. may be performed by their
respective duly authorized representatives.
(b). The Borrower hereby designates the Bank Indonesia as its
representative with authority to designate in writing other representatives
of the Borrower in its dealings with A.I.D. in accordance with the above ·
subsection. The Borrower ' s repr esentatives named pursuant to the preceding
sentence, unless A.I.D . is given notice otherwise, shall have authority to
agree on behalf of the Borrower to any modification or amplification of this
Agreement which doe s not substantially increase the Borrower's obligations
hereunder. Until receipt by A.I. D. of written notice of revocation by the
Borrower of the authority of any of its representatives, A.I.D. may accept the
signature of such representatives on any instrument as conclusive evidence
that any action effected by such instrument is authorized by the Borrower.
- 9
ｾ＠
SECTION 8 . 02. Communications. Any notice, request or other
communication given, made or sent by the Borrower or A.I.D. pursuant to this
Agreement shall be in writing and shall be deemed to have been duly del ivered
by hand or by mail, telegram, cable or radiogram to such other party at the
following addresses:
To the Borrower:
To A.LD .
Mail Address
Bank Indonesia
Djalan Thamrin 2
Djakarta, I ndonesia
Cable Address:
Delegasi Djakarta
Mail Addre SS
United States Agency for
International Devel opment
American Embassy
Djakarta, I ndonesia
Cable Address:
USAID AMEMB DJAKARTA
Other addresses may be substituted for the above upon the giving of notice and
acknowledgement of such substitution.
UNITED STATES OF AMERICA
REPUBLIC OF INDONESIA
Signed
By
ｾＭＧＮ
Signed
Ismael M. Thajeb S.H .
Director General
for Foreign Economic Relations
ＢＧＭＮｾ＠
-
By ｾ
ｾ＠
Richard M. Cashin
Director
U.S . A.I.D.
A.I.D. Loan No.
LOAN
AGREEMENT
BETWEEN THE
REPUBLIC OF INOONESIA
AND THE
UNITED STATES OF AMERICA
DATE:
August 26, 1971
ＴＹＷＭｈｾＰＲＶ＠
TABLE OF CONTENTS
SECTION NUMBER
ARTICLE
I
PAGE
The Loan
1
SECTION 1.01 The Loan
1
ARTICLE
II
SECTION
SECTION
SECTION
SECTION
SECTION
2.01
2.02
2.03
2.04
2.05
ARTICLE III
SECTION 3.01
SECTION 3.02
ARTICLE
IV
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
Terms of Repayment and Interest
1
Payment Obligations
Currency of Repayment
Interest
Principal
Renegotiation of Terms
1
1
1
2
2
Conditions Precedent
2
Conditions Precedent to Financing
Terminal Date for F\tlfillment of Conditions Precedent
2
3
Procurement , Utilization, and Eli gibility of Commodities
3
4.01
4.02
4.0J
4.04
4.05
4.06
4.07
A.I.D. Regulation 1
Source of Procurement
Date of Procurement
Eligible Items
Procurement for Public Sector
Procurement for Private Sector
Utilization of Commodities
4.08 Limitation to Private Sector Use
4.09 Minimum Size of Transactions
4.10 Procedures
4.11 Port Charges
3
3
3
3
3
4
4
4
4
4
5
Letters of Commitment and Disbursement
5
SECTION 5.01 Request for Letters of Commitment
SECTION 5.02 Other Forms of Disbursement
SECTION 5.03 Terminal Date for Requests for Letters of Commitment
SECTION 5.04 Terminal Date for Requests for Disbursement
SECTION 5.05 Documentation Requirements
5
ARTICLE
ARTICLE
V
VI
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
Additional Covenants and Warranties
6.01
6.02
6.03
6.04
Reports
Notice of Adverse Developments
Taxation on Loan Ap,reement and Payments Thereunder
Commissions, Fees, and Other Payments
6.o5 Financing Physical Facilities
6.06 IMF Stanby Agreement
6.07 Local Currency Proceeds
5
5
5
6
6
6
6
6
6
6
7
7
ii
PAGE
SECTION NUMBER
ARTICLE VII
SECTION
SECTION
SECTION
SECTION
SECTION
7.01
7. 02
7. 03
7. 04
7.05
ARTICLE VIII
Remedies of A.I . D.
7
Event s of Defaul t; Acceleration
Termination of Disbursement, Transfer of Goods to A. I. D.
Refunds
Waivers
Expenses of Collection
7
7
Miscellaneous
8
SECTION 8.01 Use of Representatives
SECTION 8.02 Communications
8
8
8
8
9
LOAN AGREEMENT
AGREEMENT date d the Twenty-Sixth day of August, 1971, bet•;een the Government
of the REPUBLIC OF INDONESIA ( 11 Borrower 11 ) and the Governm3nt of UNITED STATES OF
AMERICA, acting through the AGENCY FOR INTERNATIONAL DEVELOPMENT ( 11 A.I.D. 11 ) .
ARTICLE I
The Loan
SECTION 1.01 . The Loan. In accordance with the Economic Cooperation
Agreement between the Government of the Republic of Indonesia and the Government
of the United States of America signed at Djakarta, October 16, 1950, as
supplemented by the Exchange of Not es of Economic and Technical Cooperation
signed at Washington and Djakarta, J anuary 5 and 12, 1953, and subject to the
terms and conditions of this Agreement, A.I.D. hereby agrees to lend Borrower
pursuant to the Foreign Assistance Act of 1961, as amended, an amount not to
exceed Fifteen Million Dollars ($ 15,000,000) for the foreign exchange costs of
commodities and commodity related services needed to promote the stabilization,
rehabilitation and development of the Indonesian economy, including essential
raw materials, spare parts and machinery and equipment . Commodities and
services authorized to be financed hereunder are hereinafter referred to as
11 Eligible Items 11 •
The aggr egate amount disbursed her eunder is hereinafter
referred to as "Principal 11 •
ARTICLE II
Terms of Repayment and Interest
SECTION 2.01. Payment Obligations. The Borrower agrees to repay the
Loan, and to pay interest on the Loan, in accordance with the terms of this
Agreement. All payments shall be applied first to the payment of the accrued
interest and then to the r epayment of the Principal due.
SECTION 2.02.
to make payments under
coin or currency as at
of America for payirent
Dollars").
Currency of Repayment. All obligations of the Borrower
this Agreement shall be discharged by the payment of such
the time of payment is legal tender in the United States
of public and private debts (herein called "United States
SECTION 2.03. Interest. Borrower shall pay to A.I.D. interest which
shall accrue at the rate of two percent (2%) per annum during ten years
immediately following the date of the first disbursement hereunder and at the
rate of three percent (3%) per annum thereafter on the outstanding balance of
Principal and on any due and unpaid interesto Interest on the outstanding
balance shall accrue from the date of each respective disbursement and shall be
computed on the basis of a 365-day year. Disbursement hereunder shall be deemed
to occur on the date on which payment by A.I.D. is made either directly to
Borrower or its designee or to a banking institution pursuant to a l etter of
commitment. Interest shall be payable semi-annually. The first payment of
interest shall be due and payable no later than six (6) months after the first
disbursement hereunder on a date to be specified by A.I.D.
- 2 -
SECTION 2.04. Principal . Borrower shall repay the Principal to A.I.D.
in United States dollars within forty (40) years from the date of the first
disbursement hereunder in sixty-one (61) approximately equal semi-annual
installments. The first installment of Principal shall be due nine and onehalf ＨＹｾＩ＠
years after the first interest payment is due in accordance with
Section 2.0J. Upon completion of disbursement, A.I.D. will furnish an
appropriate Amortization Schedule.
SECTION 2.0S. Renegotiation of Terms . Borrower and A.I.D. agree that,
at the request of either party but not sooner than six (6) month s prior to the
date when the first repayment of Principal is due , they will negotiate concerning appropriate acceleration of the repayment of the principal. It is agreed
that Borrower and A.I.D. will mutually determine to what extent repayment
should be accelerated on the basis of one or more of t he following criteria:
(a). , Significant improvement in the internal economic and
financial situation of the Republic of Indonesia;
(b) • Favorable trends in the balance of payments and foreign
exchange holdings of the Republ ic of Indonesia;
(c). Ability of the Republic of Indonesia to make future
repayments of A.I.D. loans without interfering with the service of debts owing
to any United States Government agency or any international organization of
which the United States is a member.
ARTICLE III
Conditions Precedent
SECTION J.01. Conditions Precedent to Financing . Prior to and as
conditions precedent to the issuance of the first letter of commitment or other
author:i,..zation of disbursement, unless A.I.D. agree s otherwise, the Borrower
shall furnish in form and substance satisfactory to A.I.D.:
(a) . An opinion or opinions of the Minister of Justice of
Indonesia or of other counsel satisfactory to A. I.D. demonstrating that t he
Agreement has been dul y authorized or ratified by and executed and delivered
on behalf of the Borrower and constitutes a valid and binding obl igation of
the Borrower in accordance with its terms;
(b). Evidence of the authority of the person or persons who will
act as the representatives of the Borrower in connection with the operation of
this Agreement, together with the authenticated specimen of signature, in
duplicate, of each such person;
(c) . Evidence that Borrower is continuing its standby arrangement
with the International Monetary Fund (IMF) e
SECTION J.02. Terminal Date for Fulfillment of Conditions Precedent.
If t he conditions required by Section J . 01 have not been completed within thirty
days after the date of this Agreement or by such other date as shall be agreed
to in writing by A.I.D. , A. I.D. may at any ﾷｾｩｭ･＠
thereafter at its option
t erminate this Agreement by giving notice to the Borrower. Upon the gi ving of
such notice all obligations of the parties heNunder shall forthwith be termi nated.
ARTICLE I.V
Procurement, Utilization, and Eligibilit y of Commodities
SECTION 4.01. A.LD. Regulation 1. Except as A.I.D. may otherwise
specify in writing, this Loan and the Procurernent and Utilization of Eligibl e
Items financed under it is subject to the terms and conditions of A. I. D.
Regulat ion 1 as f rom time to time amended and 1.n eff ect, which is incorporated
and made a part hereof . If any provision of A.I.D. Regulation 1 is inconsi stent
with a provi sion of the Agreement, the provision of this Agreement shall govern.
SECTION 4.02. Source of Procurement. Except as A.I.D. may specify i n
commodity procurement instructions or implementation l etters, or as it may ot herwise agree i n writing, all Eligibl e Items shall have t heir source and origin in
those countries noted as eligible under Code 941 of the A.I.D. Geographic Code
Book as in effect at the time orders are placed or contracts entered into f or such
Eligible Items.
SECTION 4.0J. Da.te of Procurenent. No commodities or commodity r el ated
services may be financed under lett ers of credit opened prior to the Eligibility
Date, which shall be the date of t his Agreement., nor, in the case of payment s
not made through letters of credit, where the l ill of l ading is dated prior t o
the Eligibility Date.
SECTION 4.04. Eligible Items. All commodities which may be imported
and paid f or with Credit Foreign Exchange (Devisa Kredit) under regulations of
the Borrower in effect on the date of this Agreement shall be eligible for
financing under the Loan, subject to any exceptions or conditions stated i4
this Agreement or in any Implementation Letter or Commodity Procurement Instruction which may be issued hereunder. Other items shall become eligible for
financing under this ａ ｧｲ･ｮｾ＠
only with the wl".'itten agreement of A.I. D. A.I.D.
may decline to f inance any specific commodity or service when in its judgement
such financing would be inconsistent wi th the purpo se of the Loan or of t he
Foreign Assistance Act of 1961, as amended.
SECTION 4.05. Procurement for Public Sector. With respect to procurement hereunder by or for the Borrower, its agencies and any subsidized st at e
enterprise:
(a). Notwithstanding Section 201 .ll(a) of A.I . D. Regulation 1,
Borrower shall avail itself of opportunities tc procur e U.S. Goverrunent - owned
excess property to the maximum extent consistent wit h the purpose of this Loan;
(b). The provisions of Secti0n 201.22 of A. I.D. Regul at ion 1
re garding competitive bid procedures shall apply unless A.I.D. other\ds f inanced hereunder shall be transferred
to A.I.D., if the goods are in a deliverable state and have not been offloaded
in ports of entry of Indonesia.
SECTION 7.0J. Refunds. In addition to any refund otherwise required
by A.I.D. pursuant to Regulation 1, if A.I.D. determines that any disbursement
is not supported by valid documentation in accordance with this Agreement, or
is in violation of the laws governing A. I.D . or that the assistance finance d
under this Agreement is not financed or used in accordance with the terms of
this Agreement, the Borrower shall pay to A.I.D. within ninety days after
receipt of requests the full amount of such disbur sement, Refunds paid by the
Borrower to A.I.D. resulting from violations of the terms of this Agreement
shall be considered as a reduction in the amount of A. I.D. 1 s obligation under
the Agreement reducing the disbursements and the Agreement value and shall not
be available for reuse under the Agreement . For administrative purposes those
refunds paid by the Borrower which are less than $ 10,000 shall serve to reduce
the last principal repayment. When, however, such refunds are $ 10,000 or over
the Amortization Schedule shall be revised.
SECTION 7.0h. Waivers . No ､ ･ ｬｾｹ＠
in P.Xercising or omitt.inP' to exercise,
any right, power, or remedy accruing t0 A. I, D. under this Agreement shall be
construed as a waiver of any of these rights, powers, or remedies.
SECTION 7.05.
enses of Collection. All reasonable costs incurred
by A.I.D . (other than salaries of its staff in connection with the collection
of amounts due under this Agreement may be charged to Borrower and reimbursed
as A.I.D. may specify.
ARTICLE VIII
Miscellaneous
SECTION 8.01.
Use of Representatives.
(a). All actions required or permitted to be performed or taken
under the Agreement by the Borrower or A.I.D. may be performed by their
respective duly authorized representatives.
(b). The Borrower hereby designates the Bank Indonesia as its
representative with authority to designate in writing other representatives
of the Borrower in its dealings with A.I.D. in accordance with the above ·
subsection. The Borrower ' s repr esentatives named pursuant to the preceding
sentence, unless A.I.D . is given notice otherwise, shall have authority to
agree on behalf of the Borrower to any modification or amplification of this
Agreement which doe s not substantially increase the Borrower's obligations
hereunder. Until receipt by A.I. D. of written notice of revocation by the
Borrower of the authority of any of its representatives, A.I.D. may accept the
signature of such representatives on any instrument as conclusive evidence
that any action effected by such instrument is authorized by the Borrower.
- 9
ｾ＠
SECTION 8 . 02. Communications. Any notice, request or other
communication given, made or sent by the Borrower or A.I.D. pursuant to this
Agreement shall be in writing and shall be deemed to have been duly del ivered
by hand or by mail, telegram, cable or radiogram to such other party at the
following addresses:
To the Borrower:
To A.LD .
Mail Address
Bank Indonesia
Djalan Thamrin 2
Djakarta, I ndonesia
Cable Address:
Delegasi Djakarta
Mail Addre SS
United States Agency for
International Devel opment
American Embassy
Djakarta, I ndonesia
Cable Address:
USAID AMEMB DJAKARTA
Other addresses may be substituted for the above upon the giving of notice and
acknowledgement of such substitution.
UNITED STATES OF AMERICA
REPUBLIC OF INDONESIA
Signed
By
ｾＭＧＮ
Signed
Ismael M. Thajeb S.H .
Director General
for Foreign Economic Relations
ＢＧＭＮｾ＠
-
By ｾ
ｾ＠
Richard M. Cashin
Director
U.S . A.I.D.