LOAN NUMIBEIR 9329-IN Loan Agreement (West Bengal Building State Capahility for Inclusive Social Protection Operation) I)ctween IN)IA and INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMIENT LOAN AGREEIIENT AGPREEMENT dated as of the Signature Date between INDIA (Borrower) and I\TER\ATIO\AL BANK FOR RECUNSTRUCTION A\D DEVELOPMEN1 ('Bank'h. The Borirowvr and the Bank hereby agrce as follows: ARTICLE 1 - GENERAl, CONIMTIONS; DEFINITIONS I11. Th General Conditions tas defined in the Appeid to this Agreenii apply to and forni part of this Agreiment 1.02. UnIess tle cotext rquires otherwise, the capitali7ed ternis used in is Agreement hae the nanings asribed to then in the General (Coditions or in the Appendix to Ihis Agreciment. ARTICll Il - L)AN 2.01. The Bank agtrees o lend to the Borrower the amnount of une hondred and twenty-five mllion Dollars ($125,000,000), as such amount may be converted rn time to time thirouh a Currency Conversion i oan) to assist in tinancing: (a the progran described in Schedulc 1(A,) to this Agreemnt I"Prograi- t and (b) the project described in Schedule 11B) to this Agreement PProject-), (tbe Program and the Project hereinafter jointil referrd to as tbe 'IOpetaton" 2.02. Te Borro r may w ithdraw the proceeds of the L-oan in accordance \ idi Section IV ot Schecdtle 2 to this Agreement. Al withdrawals from the Loan Account shall be deposited brv the Bank into an account specified by the Borrower anid acceptable to the Bank. 12.13. Ilhe Front-end Fec is one quarter of one percent (0.25 of thc Loan amount. 24 Ilie Comnitment Charge is one quarter of one percent e.125"1 pr annui on the Unwithdrawn Loan BaLance. 2.05. hlie interest rate is the Reference Rate plus the Variable Spread: or such rate as may apply following a Conversion; subjcet to Scution 3.02(e) of tc General Conditons, 26 The Payment Dates are Janiuary 15 and July 15in acher. 2.07. The princil anount of the Loan shal be repaid in aceordance with Schedule 3 to this Agrcement. ARTICI E III -OPERATION 3.1 lie Borrower declares ts cominunent to the objecine of thc Operation. To this end. the Borrower shall cause the Operation to be carried onut by the implentin g Entity in accordance with the provisions of Article V of the General Conditions. Schedule 12 lo tliis \greement and thbe Operation Agreement ARTICI.E IV - EFFECTIVENESS: TERVIINATFION 4.01. ilie Effectiveness Deadlin is the date nielty (90) days akter the Sienature Date. ARTICIY V - REPRESENTATIVE; ADDESSES 5111. The Borrower's Representative is any one the ollowing oflicials: Secretary. Additional S mcretary. Joint Sceretary. Director, DEputy Secetary, or Linder Secrtary of the Department of ESononic Afairs in the Ministry of Finanec of the Borrower. 5.02. For purposes of Section 1(0I of the General Conditions: (a) ihe orrower's adlres is: S mectary Department of Econonic xffairs M inisry of Finance oerntment of India North Block New Del hi I 10 00 1 India: and (b) the Borrower's lietronie Addrcess is: aesimile: E-mail: -01-1 1-23094075 scee-dea niein 5.03. For purposes of Section 10(.0 of the General Conditions: (a) the Banks address is: International Bank for Reconstruction and Dvcelomient II II Street, NW. Washington, D.C. 2)433 United States ol America; and (bi) the Bank's Electrorne Address is: Telex: Facsimile: E-mail: 248423( MCI) or 1-202-477-6391 wbindia:a worldbank.org 64145(NCI) A(JRIFTED as, of theý Sx.inaturie Date. INDI A By iutirized Representative Namle: *3 -3 aat Kumar Mishra A'd onal seretary TFitle: o mcM3ar Date: INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVEIOPMENT Atiiorized Representative Junald Kamal Ahmad Naini e:______________ ____ Tille: Country Director 02-Mar-2022 D)ate:________________ __ SCHEDVLE I Operation Description The objectivc of the Operation is to strenthel the Capability of the State of\ West Bengal to expand coverage and access to social assistance and (argeted services for poor and vulnerable groups within the State. The Operation comprises the Program and the Project. A. The Program consists of the following activities: Results Area 1: Srrengthen Cash Tran s/brs f/r poor and vulnerable household Development of a state policy framework and tools for a unified delivery system ("Jai Bangla"). with digitized mechanisms designed to allow consolidated delivery of social pensions to vulnerable and poor households, increased coverage, improved expenditure benclunarking for state schemes and improved citizen access by combining IT with front-line case management to help reduce delivery costs for current programs and develop readiness for future scheme-planning and fiscal consolidation in states. Results Area 2: Failitate and Scale-Up Targeted SerTiVoes/fr Women and Vulnerable Groups (a) Establishment and operation ofan inter-departmental body/platform led by the Women and Child Development and Social Welfare Department with participation from relevant government stakeholders, including the Finance Department, private leaders and civil society, to address the leadership and coordination vacuum in the female labor force a(enda in the State. through the creation of regulatory and governance norms for public-private-civil society partnerships to increase women's labor force participation, annual review of the constraints affecting- workingZ women and effectiveness of State interventions, and development of incentives for employers and necessary regulations to provide more attractive working conditions for women such as child care or proper physical facilities at work sites. as well as, explore incentives for women to work for at least a year after school. (b) Introduction and operation of ICT innovations for social care delivery in the State. including the creation of a teleconsultation network for social care services, the development of a cadre of ease management workers and the reorganization of front-line service delivery staff backed by the teleconsultations. B. The Project consists of the following activities: I. Technical assistance to support: (a) engagement and supervision of an Independent Verification Agent(s) ("IVA(s)") to undertake the independent verification of the achievement of the DLIs/DLRs; (b) monitoring and evaluation of the implementation of the Program, including through the development and operation of a participatory scheme with qualitative and quantitative data collection at the State level and periodic reviews; and (c) technical support and capacity building for the implementation of the Program including, inter alia, the creation of the women's economic empowerment platform, and institutional strengthening and skills development for key actors implementing the interventions at the State and federal level. SCI 1ILE 2 Operation Execution Section 1. Impleniation Arran_uements A. Financial Arrangeient% S To Cai itate the carrying out otthe ( peration, the lmrrower shall make the proceeds of tlie Loan available to the Inplementing lEntity in accordance with the lorrower's standard arranuements for developmenal assistance to the States of India. Notwithstanding the pro\i'ion, of the immedlatclN precedin paragraph. in tle event of a conflict between the HorrOWer's standard arrangements for dCv elopiienial assistance to the States of India and the provisions of or eiferred to inl this Agreement. the provisions of or referred to in this Agreeient shall govern- 1. The Borrower shall exercise its rights under its standard arrangements or developmental assistance to the States of India in such manner as to protect the Interests of the Borrower and the Bank and to accomplish the purposes of the Loan, Except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive its rights or obligations under said arrangements. Section II. Excluded Activities The Borrower shall ensure that the Program excludes anl activities which: A. in the opinion of the Bank, are likely to have significant adverse impacts that are sensitive., diverse. or unprecedented on the environment and/or affected people; or lH. involve the procurement of: (I ) works, estimated to cost seventy-lve million Dollars (S75000,000) equivalent or more per contract; (2) goods. estimated to cost sixty million Dollars ($60.000,000) eqUivalent or more per contract, (3) non-consulting services, estimated to cost sixty million Dollars (S60,000,000) equivalent or more per contract; or (4) consulting services, estimated to cost thirty million Dollars (S30,000,000) equivalent or more per contract. Section 11. Operation Ionitorina, Reportina and Evaluafion The Borrower shall furnish to the Bank each Program Report and Project Report not later than forty-five (45) days after the end of each calendar semester, covering the calendar semester. Section IV. Withdrawal of Loan Proceeds A. General I Without limitation upon the provisions of Article 11 of the General Conditions and in accordance with the I )isbursemlent and Financial Information Letter, the Borrower may withdraw the procceds of the I oan to: (a) with respect to the Program. finance Program Fxpenditire nluslivi\e of T;Nest, on the bais of the reLuls ishursement Linked Res~ul o )DLRs> achie\ed b~ the hnplem1 enn Eu1 as~ measured agais specitle ndiatiois iDisbursemuen Lillked (dicators" or "DLiall as set !oih in Scledule 4 to tis Ageent xnd the tahle in parPiraph 2 o this Part A (1) with epef c It the ProIc. jnancc 1Ehilec Expenditures in the auntit aocated and, if applicable up It lie pc:ere ta ai.. t 1rti against Cate gory ( 7) of the tela le in pa igi iaph 2 a, this Pat A: and te) pay (i) the f ont-end Fec: aid (ii) lay each InItest Rate Cap or Interest Raie Collar- prV11imiu a et 1rthl M gains Cateories IS and 195 of the t:hle uri paragraph 2 of this Part 2. h111e åihIowi le specifies eac i of wthdrawal of tlic proeec ds of l the Loan (iiiuidiiii: 1ie Disbureniut unkcd Iiators asapplicahle) Pategory and the allocation of the oiitits, of the V oan to ecli Cate4ory: Category Amount of the Percentage of (including Disbursement Linked Indicator as Loan Expenditures applicabe) Allocated to be financed (expressed in (incilusie of 1 SD) Taxes) I DII # I - Development of a dvname ui fied social 25 000000 protection deliverv system under a lBanla initiuive for uniersal use of D3T (digital benetit transters payments) in all social protection schemes lor vulnerable groups such as widow, persons with disabilities and elderlies (2) DL! 02. Numbei of widows rejcving periodie casi 20.000.00 transfers tirough social pensions 3 DI 1 Number of elderlics from scheduled castes and 20.00.000 ucheduled tibes communiy receivmg periodic cash iransfers throutIh social pensions (4) DLI :4. Estahlishment of an interdepimmiial 25000.000 institutional entity mandated to lead publc-privatc coordination, innovations and stocktaking to boost women's labor force participation in the State (5) DLI 1,5. Improvement in capacity and coverage of 1200000O00 social care servies to offer home and community-bllsed care for the vul nerable groups ineluding elderlies and persons with disahilities (6) DLI k(6 Number of beneficiarics receiving at least one i0 00 000 social protection henelit in agiro-climatically and cologically vulnerale regions (7) Goods, non-consulting services. consultling serviccs. 4 ,7. 500 100% 1 aining and Increncittal Operating Costs for the PI-oject (Si Acedlcl het päd! peu= 0 Serumt 21o 3 123(1) lhis \eilicllt T aticcudne "nh ketili 2 l(t{h oft le ( ieial ('omlons (9) Inw,Rst zie ( an limeLrest Rate (- ol pieinu te b0 0 paid pisuanit te ¾etiein 4 05 1 e otthe G eneral ( Xinditioni TOTAL ANIOVNT 125 000,000 B. WNithI(irawval Conditimns Withrawal Period . Notwtilhsanding the provisions of Part , of this Seton no wilhdiawal shall be mde: a) undei Cateies ( ) to 16 4 on the basis of FLRs achie\ ed prioi to the Siignature Date; (b) flor any DLR under Categories (1) t (6 unil and unless Ilie BorroWer has furnished evidence satisfactory to the Bank that said D R has been achiev-ed: and (c) under Category (7) for payments made prior to the Signature Date. 2. Ntwithstandin the provisions of Pan I. 1(b of this Section. if any of the DLRs under Categor ies (1 ) to (6) has uno been achieved by the date by which the said DL R is set to be achiev,cd. the Hank nay, by notice to the Borroxer: a authoriie the åithdrawal of such lesser amoiunt of the unwi-thdra\ n prceeds of the Loan then allocated to said D1LR indicated as "sealaile" in Schedule 4 to this Agreiement which, in the opinmn of the Bank, corresponds to the cet ii of achieenent of said DI R said lesser amunt to be calclated in accordance with the formula set ont in Schedule 4 to this Agreeiniit; fb) reallocate alf or a portion of the proceeds of the Loan then allocated to said DLR to any other D1-R and/or (cI cancel all or a porion of the procceds ofthe Loan then alocated to said DLR. 1.lhe Closing Date is Augist 3, 2028. SCHFEDIULE 3 ( >miiiiitient-i inked Aimortization Repayient Sceldule The öållog ible ses forth hePncipa lpinent Dates of the Loan and the prcentage of lhe Total principlal amuit of the 1Oan pay abe on each Pincipal Payment Date rnsåtlhnne ShaM I vcl Principal Repayments Principal Paj ment Datc Installnent Siare Oni each Januav 1 and lv 15 Betinning 1autary 15. 2027 tinoulghi Julv 1 . 203 5% 一J→＇乙二二， 糁：！之〕、排一 州不＿一―一＿＿一一－一＿一一一 ／〕… 症任于一一一上 〕亡＿＿一一二一 ／一 ·견 APPENDIX Definition-% i -Arnia(wnqmbin (luiddincl« nwans. är purpww of parsgraph 6 et the Appanlix w tile låtTioni (ienemi Condiiion,,. Oic Hank's ~Guidelincs on ]>z-c\ciitirig and Covribating Vialid alld Corruption in Progran-twr-Restilts Finaneinyf datel February, 1, 2012, arni reý ised July 10. 2015: and for piriposc,,, ot'l)ýti-agi-al)ll ö of Ilie Appendi\ it) tile ProjeL-I General Conditions- Ilie on Preventåg and (åmKäng Fraud vnid (In iiTidmi bi Proýems Vinanced hy IBRD Urns and IDA Credits and Giuts~. daled Omober I sý 2006 and re\ ised in Jatruary 2011 vind as of JuK 1. 2016 1. protocol~ inearv, Ilie al ofpro\ lslk>ll" to Ilie Hank. deN eloped by the bnptnwmbW 1161 to snInnwt the inipleiiiellt.iliK)il of Ilie Progranl iii .1 vilanner xvitli Ilie Anli-corruption 3, -ASd IA- nicans aeeredited somal health activist, 4. ~A\VW rileans workers. I Jpe,-,ory- vricans a category set forth in Ilie table in Semion IV-A,2 ofSchedulc 2 to illis Agnon~ 6. -Daia 1`.,xchange Policy, ä, Protoetås and D,ata Sharing tildkled' menns Ore set of pirov . ismns and guåehnc,,s acceptable to the Bank. developed by the Iniplerlicilling Villity, to leibirate the access to shareable data and mi-orrnation oftlic Implernenting Vraity to Operan . olialile Ilie Umfled Social Pjotection Delivery Systerii. withiii lite franiework of NwIms relaied Måfer rics and mies of the Injementing Entip m any s~swi- Owroo. 7. ~Dishurseniern 1-inked IndicaW or -ENsr nwans in reged of a gnen (keytys die indreator related to said Caiegory as sel forfli in Ilie Lible iii Section IV-A.2 ol'ýl-eliedtile 2 to this Agivernent, 1 åked Restilå or -1011- mcans in respecl of a glan ENA the wsult under saiti DIA, as set ni Schäule 4 tc) this AgmsumL on Me bud of de achömment el" which, Ilie arnoullt of Ilie l oall allocated to said result may be wiflndraNA ii in accordance with Wc pruvisions of Serån IV of Schedule 2 to dis Agtverriera. 9ý ud Soft t ömnårrain ~ ån- -löt T- ninns Oc enårturmental and SMfal C0111111i11TUCIll Plan hu the Pnjer., dmed December 3, 2021, as de same mg, be anlended !tom fåne to unie in accorducc mith de provisions thereof which sets out the niaterial nieasure-, and aditms that the Borromrir shall carrv out or cause to he carried out to address Ilie poteritial em iioiiiiiciliýil ]lid social risk-.ýand illll)acts of Ilie Project. incliffling de tivvidå= of de amini-s and nreasurer inmhwtmt stalång, tratt, immåmåg wid. raportalg arrangernerrts, and any enväronmentral and social instruments to be prepared thercunder, 10. "1--ýii,%ýii-oiltiieiital and Social Stan(kirds- or WSSV mems. c~ Kvår 0 -Emtmmwnml and Sockl Sumdard I: Asws"i"i and Management and Social Risks and Impact-s-; å) -EnvåomuuuW and Smål ärnånd 2: Labor and Working, Corlditins-ý (10 -Fnkknumenw"nd IxId Standard 3: Resource lihåkeney wid Pulånion IYcvcntkli and )Janagciiicjrt-: (l) -Vm tionnierräd and Soft ärrinfatsäl 4: Comm=dy Hett and SaGspå I ) -"vtmnwlltzll and Social Standard 5: Land Acquisition, Restrictions on 1-iiid Use and Involuntary Rcsculmlicill-: (vi) and Social Stalldard 6: Wodi\ c rs ity Cor ln.von *: l,! "," l Managlm,nt of 1 ingNur Resources 4I -1 nviir nlenta and Noci ndard 7: ndig enous Peoples ub-Sha brani H istoricaly UIcrserved Traditi onl I ocal (omlmunities:; (viii) " ni emal and Social Standai-d : Cu1Iral leritae: iM "Eiiviionmenital and Socil Standard n Finaiael-: Internediaries-: (N ) "Env ironmiLenitl and Social Standarid 10: Stkcholder Engagement and 1nfimation DisclosurC. chfective on October L 201K as pubished by the Bank. "Finance Department" meiian the Finance Department of thc Iniplementing Entity. or any succcssor therete. S2. liscal Year- or "FY~ mcan, the torrowers fiscal year. wIich begins o ApriI 1 o cach calendar \ear and ends on Mar-ch r 3I ofii e next calenda r yea l. ~FLFP means female lIbor f"rcc participalion. 14. "General Conditions" ineans, as tlie case may be. the Program Geniral Conditions or tlie ProjeCt General Conditions. In cases where the same capitalized term has a different definition in the Program (Gnrcia]l Conditions and tle Proicct General Conditions, the definition provided in te Progran General Conditions shall applv il tc term relates to the Program. whereas te definition provided in the Projeet (enraci-l Conditions shall apply if the term relates to thle Projct as tlie context may require In other cases where the same capitalized term has a dillerient definition in the ProLram (iceneral Conditions and te Project General lCnditions. and the term is used in this Agreement to refcr to the overall Operation, the term shall have tche specific meaning ascrihed to it in this Appendix. i "(overnment" means the uover nment of the State of West Bengal. 1 "Health and Family Welfire Department nicans tbhe Hlealth and Familv Welfare Department of the Iimplemeniiing niity. or any successor thereto. 17. "ICT means information and comniunication tecbnologies, 1 8 "Iimplcmcnting Entity" means the Borrower's State of West liengal, which is also referred to as the Project Implemcnting 1 ntity in connection with tle Project and tie Program implementing Entity in connection with the Program in the General Conditions. 19. "Ineremental Operating Cosis" meanis the increiental expenditures for salaries of contractual staff(other than consultanis), per diems, office rental, office supplies, utilities. con\ eyance, travel and boarding.odging allowances, operation and maintenance of oflice equipment and information technology related equipnient. hiring and maintenance of vehicles, advertising expenses and bank charges. insurance. media broadcastings. newspaper subscriptions. periodicals, and printing and stationery cosis incurred by the 1iplementing Entity in connection with the management, coordination and implemeration of Operation's activities, which expenditures would not have been incurred absent Ilie Operation, but excluding salaries and salary top-ups of the Borrower's and the Iiplementing Entity's civil servants. 20. "Independent Verification Agcnt(s)" or "IVA(s)i micans the independent entity to be engaged by the Implementing Entity for the purposes of certi fying te achievement of the DIls/DLRs as referreil to in Section 111.13.1 of Ilie Schedule to the Program Agreement. 2 1 -IT' means information teclinilogy. 22. "Jai 13an gla Technical Sppmrt tiii'' meiant the echnidal stppot uni. esgbshed i the lImpiemiinmg Entiy reponsitle for pr n techeal muppm orid assistce to ihe implememting Frnyi in iiplementation of the Projer. 23. ki Banwlai means the Unibiel scheme called 'J:i Baila Schemne 12Y årniulatcd hy the lmplcientng Entity vide Finance Departmient Memo No. 1157 FY) dated 6 March 202< to cntegrate all the new and existing old ace pension schemes. widow pension schemet and disability pension schcies administered by t 1implementini Entity. 24 '·Opera in AgŽreement'' Ims the agreement betucen the Bank and the Implemrenting Lntjly. which is referred tu is ile Project Agicement it t1e Project Genieral Conditions and the Peror Agreeient in the Piogram General Conditions. 25. 'Operaini Manual- nicant the inanual, acceptahåe to the Bank, prepared by the Impleniening Entny ~ntining guidance and projections to support tie implenientatiiin of the Operatin. including the Program Action Plan. Ilie Anti-corruption (iuidelines Protocol and Ilie Verification Proto: as weIl as guidance fr the compliance with fiduciary. environmental social, and other obligations for the implementation of the Proljec, 2 6. "Operation" rncans, collectively. the Program and the Project. 2 T Persnal Data" me ians anv information relating to an identified or idenifiable individuaal. An ideniliable individual is one who can be identified by reasonable means. directilv or indirecily, by reference to an attribute or combinaton of attributes within the data or conibination of the data xwii other avaidable infoniation. Attributes ihal can be ised lo demify an identifiable individual include. but are not limited to. name. identification nunber, location data, onine identiiler. metadata and factors specific to the physical. physioloieal Cenetic, niital. economic. euhtural or social identity of an individnal. 2s- "Procureicnt Regiulations" mcans. for purpOses nf paragraph 87 of Ilie Appendix to the ProjCci (G eneral Condi(ions, the "World Bank Pricinreien t Regnlations or IPF Borrower", dated November 2020. 29. Program Action Plan' means the Implementing Entity's plan aitached as Schedule 2 lo the Operation Areemeit and referred to in Seetion l. of Schedule 1 to the Operation Agirement. as may be amended fron tine to time with iie agreenent of the Bank. 30. -Programi (General (onditions' means the 'Ineite ritationial Bank for Reconstrucition and Development General (onditions for 1BRD Financin, Program-for-Resuls Financing". dated December 14 201 S revised on August 1, 2021, December 21 21120. and April 1, 202 1, and January 1. 2022) 31. -Program' means the progran desribed in Part A of the Schedle to tihis Ageement. 32. 'Project (Gencral C'onditioins" means Ilie -International Bank for Reconstruction and Developmient General londitions for IBRD Financing, Investmient Project Finaticing" dated December 14, 2018 (revised on August 1, 2020, December 21 2020, April 1, 202 1, and January 1 2022), 33 lroject- means the set of activities described in Part H of Schedile 1 to this Agrcement 34 "Signnat ure Date" means iHe later o the t o dates on which the Borrower and the Bank siened this Agreeient and such definition applies to all references to "Ilie date of tile Loan Agreeient" in Ilie (eneral Conditions. 5 -sei,cc Aciion Plo \Wmen< means is te S:ate program to reverse deczning e:milc iahor Jorceprnpai. 3-,. -State Jai Bangla Coordination UTnii- ncans the state level unit. estabhshed by the Inple1enting Lnily, inolivig the Se -etary Y nce I)Cpartietil responible for monitoring. Cvluation and o\ ersight of the Prorm meluding 1 nlfied Social Pioection Deli\ery Systen. 37. -tte meniis the Borrowers state of West Bengal except otherwise speeied. 38. Traming mis the trainiing. study tours conferences and woikshops conducted and 'or atiended by stalf Irom the Imnplemeninun lntitv and om other stkehlders, in the territory of the Borrower or, subject to the Bank's prior no objection. overseas, inlding the purchase and publication of materials, rental of facilities, course fees, and lodging, travel expenses and per diems for trainers and/o trainees. 39. Pnifed Social Protection Delivery System~ means a one-stop integrated solution developed by the lmplemening Entity that organizes varous social protection programs and benefits for tie same beneficiaries and promotes: i) the exchange of data between programs: (ii) the potenial unification of largeting nieclianisms; (iii) the tracking and monitoring of poverty and vulnerabihliy conditions of the population covered by the social protection system; and (iv) an efficient and effective managemeni process tor social protection deliv ery to the poorest. 40, Verification Protocol nans the protocol for the veridication of the achievement of the DIR by the Independent Verification Agent(s. acceptable to the Bank and included in the (peration Nanual 41. West Bengal Caliinet- neans the cabinet of Ilie Borrower s State of West Bengal. 42. "West Bengal Eälectronies Industry Developnient Corporation LimiXd' means the West Beinal Electronies Industry )evelopment Corporation Limited of the lmt pliem nentin2g E,mity, or any successor thereto 43. -Women and Child Development and Social Welfare Departmentä or DWCDSW- means the Women and Child Developnient and Social Welfare Department of the Iniplementing 1Ernlity, or any suecessor thereto.