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B
A C K G R O U N D I.
On
March 30, 2004, “THE NATIONAL DIF”
and “THE INSTITUTE” signed
a Cooperation Agreement to hold the XIX Pan American Child Congress (CPN)
in Mexico City on October 27, 28 and 29, 2004, intended to promote the
exchange of experiences and knowledge among the peoples of the Americas on
the subject of the family as the environment for the protection of
children’s rights, under the responsibility of “THE
INSTITUTE,” as well as the formulation of recommendations on this
subject.
II.
On
July 21, 2004, an agreement was signed to amend the third clause of the
Cooperation Agreement mentioned
in point I above. III.
The
ninth clause of the Cooperation Agreement cited in point I above states
that said Cooperation Agreement may be modified or amended in writing upon mutual
consent of both parties, in which case the changes shall enter into force on the date
stated in the document signed for this purpose; thus, the
Cooperation
Agreement cited in point I of the present agreement shall be amended. In
light of the above, the parties hereby agree to the following: C
L A U S E S ONE. The third clause of the Cooperation Agreement signed by the parties, cited in point I of the background of the present agreement, is hereby modified and amended to read as follows: “THREE.
“THE
NATIONAL DIF,”
in fulfillment of the present Agreement, agrees to: ·
Contribute,
for the purpose of holding the XIX Pan American Child Congress, the sum of
USD 97,000.00 (NINETY SEVEN THOUSAND US DOLLARS) at the exchange rate
published in the Official Gazette of the Federation of Mexico on the date
said contribution is granted. ·
Coordinate
and organize the XIX Pan American Child Congress along with “THE
INSTITUTE.”
“THE
INSTITUTE” agrees
to provide the “NATIONAL
DIF”
with original documentation proving receipt of funds by “THE
INSTITUTE,”
as well as the original receipt issued by the General Secretariat of the
Organization of American States – GS/OAS. “THE
INSTITUTE”
further agrees to provide the Subdirectorate-General of Care for
Vulnerable Populations with a detailed report of the application of the
contribution cited in this clause, within a maximum of thirty days of the
conclusion of the event. Should
the entirety of the contribution granted by “THE
NATIONAL DIF” not be used, then “THE
INSTITUTE” must return it
within a maximum of thirty days of the conclusion of the event. TWO.
“THE
PARTIES”
agree that all provisions not expressly modified by the present agreement
to amend the original Cooperation Agreement shall remain in force.
THREE.
All
questions or disputes which may arise in the interpretation and execution
of the present Agreement shall be resolved upon mutual agreement of the
parties; otherwise, the issue shall be submitted to arbitration in
accordance with Mexican legislation. The parties expressly waive any other
jurisdiction to which they have or could have recourse in accordance with
their present or future domiciles, and for this purpose they hereby
designate their legal domiciles as follows: “NATIONAL
DIF”
Av. Emiliano Zapata No. 340, Colonia Santa Cruz Atoyac, Delegación
Benito Juárez, C.P. 03310, México, Distrito Federal. “THE
INSTITUTE” Avenida
8 de Octubre 2904, 11600 Montevideo, Uruguay. Familiar
with its full contents and legal scope, the parties hereby sign the
present Agreement in Mexico City on the fourth day of October of the year
two thousand and four.
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