GoB-UN POP 2010-2014 - UNFPA Botswana

GoB-UN POP 2010-2014b) Where the change is initiated by the UNSystem Agencies, the respective associatedUN agencies will make a formal requestthrough the Resident Coordinator tothe Government of Botswana and anappropriate amendment to this GoB-UNPOP 2010-2014 will be concluded followingappropriate procedures.10.2 GoB-UN POP 2010-2014 Termination163. In the event of a failure by one party to fulfillany of its obligations under this GoB-UN POP2010-2014:a) Where the defaulting party is one of the UNSystem Agencies, the Government mayeither (i) suspend the discharge of its ownobligations vis-à-vis the defaulting party bygiving written notice to that effect to thedefaulting party or (ii) terminate the GoB-UNPOP 2010-2014 vis-à-vis the defaulting partyby giving written notice of sixty (60) days tothe defaulting party; andb) Where the defaulting party is theGovernment, the UN agency as to which theGovernment has defaulted, either alone ortogether with all other UN System Agencies,may either (i) suspend the discharge of itsown obligations by giving written noticeto that effect to the defaulting party or (ii)terminate the GoB-UN POP 2010-2014 bygiving written notice of sixty (60) days to thedefaulting party.10.3 Dispute Resolution164. Any dispute between the Government anda UN agency shall be resolved in accordancewith the provisions of that Organization’s BasicAgreement with the Government as referred inthis GoB-UN POP 2010-2014. Any dispute amongthe UN System Agencies shall be resolvedexclusively among the UN System Agenciesthrough approaches identified in the UNDGendorseddispute resolution mechanism.10.4 UN Convention on Privileges andImmunities165. The Government shall apply the provisions ofthe Convention on the Privileges and Immunitiesof the United Nations and the Convention onthe Privileges and Immunities of the SpecializedAgencies, as the case may be, to the Agencies’property, funds, and assets and to its officialsand consultants. In addition the Governmentwill accord to the Agencies and their officials,advisors agents and other persons performingservices on their behalf, the privileges, immunitiesand facilities as set out in the cooperation andassistance agreements between the Agenciesand the Government. The Government will beresponsible for dealing with any claims, whichmay be brought by third parties against any ofthe Agencies and its officials, advisors, agentsand other persons performing services on theirbehalf. None of the Agencies nor any of theirrespective officials, advisors, agents or otherpersons performing services on their behalf willbe held responsible for any claims and liabilitiesresulting from operations under the cooperationand assistance agreements, except where it ismutually agreed by Government and a particularAgency that such claims and liabilities arise fromthe gross negligence or willful misconduct of thatAgency, or its officials, advisors agents or personsperforming services on its behalf.166. Without prejudice to the generality of theforegoing, the Government shall insure orindemnify the Agencies from civil liability underthe law of the country in respect of vehiclesprovided by the Agencies but under thecontrol of or use by the Government.a) Nothing in this Agreement shall imply awaiver by the UN or any of its Agenciesor Organizations of any privileges orimmunities enjoyed by them or theiracceptance of the jurisdiction of thecourts of any country over disputes arisingof this Agreement.GoB - UN POP 2010 - 2014 39