(a) If IFC incurs any cost, expense or loss in unwinding
its funding arrangements (including any premium, penalty
or expense incurred to liquidate or obtain third party depos
its or borrowings in order to make, maintain or fund all or
any part of the Loan) as a result of (i) the Borrower's failure
to borrow in accordance with a request for Disbursement or
to prepay in accordance with a notice of prepayment, (ii)
the Borrower's prepayment of any part of the Loan other
than on an Interest Payment Date (including without limi
tation prepayment as a result of acceleration), the Borrower
shall, on IFC's demand, pay to IFC the amount of any such
cost, expense or loss that IFC notifies to the Borrower.
(b) A certificate of IFC as to any amount payable under
this Section 3.12 shall be final, conclusive and binding on
the Borrower unless shown by the Borrower to the satisfac
tion of IFC to contain manifest error.
Section 5.04. Insurance
(a) The Borrower shall maintain insurance against loss, damage and liability in accordance with the recommendations contained in the insurance report prepared by IFC's insurance consultants and otherwise in a manner and with insurers satisfactory to IFC. In the event of a major loss or damage to the assets of the Borrower or in the circumstances when the insurance proceeds are insufficient to restore the
Учебник коммерческого перевода. Английский язык
operation of the Borrower to the level prior to occurrence of such loss, the Borrower shall pay to IFC the full amount of the insurance proceeds or, if the outstanding amount of the principal on the IFI Loans is smaller than the aggregate amount of the insurance proceeds received by the Borrower, repay the principal amount of the IFC's Loans to the IFC's.
(b) The Borrower shall: (i) punctually pay any premium,
commission and any other amounts necessary for effecting
and maintaining in force each policy; (ii) promptly notify
the relevant insurer of any claim by the Borrower under any
policy written by that insurer and diligently pursue that claim;
(iii) comply with all warranties under each policy of insur
ance; (iv) not do or omit to do, or permit to be done or not
done, anything which might prejudice the Borrower's, or,
where IFC is a loss payee or an additional named insured,
IFC's right to claim or recover under any insurance policy;
and (vii) not vary, rescind, terminate, cancel or cause a ma
terial change to any insurance policy; provided always that if
at any time and for any reason any insurance required to be
maintained under this Agreement shall not be in full force
and effect, then IFC shall thereupon or at any time while
the same is continuing be entitled (but have no such obliga
tion) on its own behalf to procure that insurance at the ex
pense of the Borrower and to take all such steps to minimize
hazard as IFC may consider expedient or necessary.
(c) Each insurance policy required to be obtained pursu
ant to this Section shall be on terms and conditions accept
able to IFC, and shall contain provisions to the effect that:
(i) no policy can expire nor can it be cancelled or suspended
by the Borrower or the insurer for any reason (including fail
ure to renew the policy or to pay the premium or any other
amount) unless IFC and, in the case of expiration or if can
cellation or suspension is initiated by the insurer, the Bor
rower receive at least forty-five (45) days' notice (or such
lesser period as IFC may agree with respect to cancellation,
С. А. Семко, В. В. Сдобников, С. Н. Чекунова
suspension or termination in the event of war and kindred peril) prior to the effective date of termination, cancellation or suspension; (ii) IFC and all contractors working at the Project site are named as additional named insured on all liability policies; (iii) where relevant, all its provisions (except those relating to limits of liability) shall operate as if they were a separate policy covering each insured party.
ARTICLE VI - NEGATIVE COVENANTS Unless IFC otherwise agrees in writing:
