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28 DE MAIO DE 1994

821

information each year in an annual information statement to the Donors Committee within 90 days after the close of its fiscal year

») A statement of assets and liabilities of the Fund and each Facility, a statement of cumulative receipts and expenditures for the Fund and each Facility and a statement of the origin and use of resources of the Fund and each Facility, with such explanatory notes as may be pertinent; and

ii) Information on the progress and results of the projects, programs and other operations of each Facility and on the status of applications presented to each Facility.

6) The statements referred to in paragraph a) of this section shall be prepared according to the accounting principles used by the Bank in its own operations, and shall be presented together with an opinion issued by the same independent firm of public accountants as designated by the Board of Governors of the Bank for the auditing of the financial statements of the Bank. The fees of the independent firm of accountants shall be charged to the resources of the Fund.

c) The Bank shall produce an annual report and quarterly reports containing information with respect to the receipts and disbursement of, and balances in, the Fund and each of its Facilities.

d) The Donors Committee may also require the Bank, or the firm of public accountants referred to in paragraph b), to provide other reasonable information concerning the opera-dons of the Fund and the audit statements presented.

e) The Small Enterprise Investment Fund shall be accounted for separately from other resources of the Fund.

ARTICLE 6 Term of the Agreement

Section 1 Entry into force

This Agreement shall enter into force on' the date the Fund Agreement enters into force.

Section 2

Duration

a) This Agreement shall remain in force as long as the Fund Agreement remains in force. On termination of that Agreement, or on termination of this Agreement under section 3 of this article, this Agreement nevertheless shall remain in force until the Bank completes duties relating to the winding up of Fund operations or the settlement of accounts pursuant to article 6, section 4, a), of the Fund Agreement.

h) Prior to the end of the initial ten-year period of the Fund Agreement, the Bank shall consult with the Donors Committee about the advisability of extending the operation i \3rie Fund or any Facility for the renewal period specified in that Agreement.

Section 3 Termination by the Bank

The Bank shall terminate this Agreement in the event that it suspends its own operations under article x of the Charter, or in the event that it terminates its operations

under that article of the Charter. The Bank shall terminate this Agreement in the event the Fund Agreement is amended so as to require the Bank, in fulfilling the obligations of this Agreement, to act in contravention of the Charter.

Section 4

Winding up of Fund Operations

On termination of the Fund Agreement or any Facility, or the Small Enterprise Investment Fund, the Bank shall cease all operations under this Agreement or the applicable Facility or the Small Enterprise Investment Fund except those incident to the orderly realization, conservation and preservation of assets and the settlement of obligations. After all relevant liabilities of the Fund or Facility, or the Small Enterprise Investment Fund are discharged or provided for the Bank shall make such allocations or distributions of remaining assets as directed by the Donors Committee under article 5, section 4, of the Fund Agreement.

ARTICLE 7 General provisions

Section 1 Contracts of the Bank

In the contracts it signs in administering the resources of the Fund, the Bank shall indicate clearly that it is acting in that capacity.

Section 2 Responsabilities of Bank and donors

The earnings, profits or benefits arising from financing, investment and other operations carried out with the resources of the Fund shall in no case benefit the Bank. No financing, investment or operation of any kind carried out with the resources of the Fund shall involve the financial obligation, or responsibility of the Bank to the donors and accordingly any loss or deficit that may arise as a result of an operation shall not entitle the donors to claim indemnification from the Bank, except in cases in which the Bank has departed from the written instructions of the Donors Committee or has failed to act with the same care as it takes in the management of its own resources.

Section 3 Adherence to this Agreement

Any prospective donor may adhere to this Agreement by signing it. Any member of the Bank not on schedule A of the Fund Agreement may adhere to this Agreement after adhering to the Fund Agreement under article 6, section 1, of that Agreement. The Bank shall adhere to this Agreement by signature by a duly authorized representative.

Section 4 Amendment

This Agreement may be amended only by agreement between the Bank and the Donors Committee, which shall reach decision by a vote of at least two-thirds of the donors representing three-quarters of the total voting power of the

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