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MINISTRY
OF FINANCE AND DEVELOPING PLANNING – GLOBAL FUND
COORDINATING UNIT
The Global Fund entered into a Program Grant Agreement with
the Principal Recipient (PR).
The PR is a legal entity validly existing under the laws of
the jurisdiction in which it was
formed. The Principal Recipient therefore has all the
necessary power, authority and legal
capacity to: (i) own its assets; (ii) conduct Program
activities; and (iii) enter into this
Agreement.
The Principal Recipient’s activities are operated in
compliance with Host Country law and
other applicable law, including but not limited to
intellectual property law.
The Grants coordinated by PR are in addition to the
resources that Lesotho receives from
external and domestic sources to fight the diseases HIV and
TB, or, if applicable, health
expenditure (if Health Systems Strengthening).
The targets set for the Program National targets that need
to be reported and are made
possible by the additional funding provided by the Global
Fund under all the agreements
signed with the PR.
COVENANTS OF THE PRINCIPAL RECIPIENT
The Principal Recipient always covenants and agrees with the
Global Fund the following
during the Program Term:
Authority. The person signing documents
related to this Agreement (including any
amendments to this Agreement) will have, at the time of such
signing, the authority to sign
such documents.
Notice of Material Events. The Principal
Recipient shall immediately provide written notice
to the Global Fund of any claims, investigations or
proceedings which, if determined
adversely, could reasonably be expected to result in a
material adverse effect on the ability of
the Principal Recipient or any Sub-recipient (as described
in Article 14 of this Agreement) to
implement the Program or perform any of the other
obligations under this Agreement.
Conduct of Business. The Principal Recipient
shall, and will ensure that each Sub-recipient
shall, do all the things necessary to preserve, renew, and
keep in full force and effect its legal
existence and the rights, licenses and permits which may be
required to implement Program
activities for which they are responsible.
Compliance with Laws. The Principal Recipient
shall, and shall ensure that each of its Sub-recipients
shall, comply with Host Country law and other applicable
law, including but not
limited to intellectual property law, when carrying out
Program activities.
Notification of Additional Funding. The
Principal Recipient shall provide written notice to
the Global Fund of any additional funding received by the
Principal Recipient which may
require an adjustment to the Program in order to meet its
obligations.
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The Principal Recipient is obliged to provide to the Global
Fund the periodic reports and
Annual Progress reports as specified in all the agreements
signed. In addition, the Principal
Recipient is expected to provide to the Global Fund such
other information and reports at
such times as the Global Fund may request. From time to
time, the Global Fund may provide
to the Principal Recipient guidance, through postings on the
Global Fund’s Internet web site
or through implementation letters, on the acceptable
frequency, form and content of the
reports required under this Article. The Principal Recipient
is expected to provide to the
CCM a copy of all reports that the Principal Recipient
submits to the Global Fund.
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Periodic Reports. : The periodic reports
are expected to be submitted not later
than 45 days after the end of each reporting period
which will include report on
the progress towards Program objectives and targets for
that period. The
Principal Recipient must submit periodic reports on the
form provided by the
GF. For the period in question, the Principal Recipient
shall explain in the
report any variance between planned and actual
achievements and between
planned and actual expenditures.
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Annual Progress Reports. Not later than 18 months
after the Phase 1 Starting
Date, and every year thereafter, the Principal Recipient
should submit to the
Global Fund, in form and substance satisfactory to the
Global Fund, an Annual
Progress Report covering programmatic progress during
the Principal
Recipient’s preceding programmatic or fiscal year.
Guidance on the form of
this report is available upon request from the Global
Fund.
Representative authorizes to sign on behalf of the
Lesotho Government or PR is the Hon. Minister of Finance and Development Planning, Dr.
Timothy Thahane while the Name of the Person for notices to the Principal Recipient is Mr.
Nicholas Mosito Khethisa, the Chief Executive, and PDA & FA |