Africa Export-Import Bank (Membership of Zimbabwe and Branch Office Agreement) Act, 2005 Article XXI Wherever this Agreement imposes obligations on the Appropriate Authorities of the Republic of Zimbabwe, ultimate responsibility for the fulfilment of such obligations shall rest with the Government. Article XXII The Government hereby undertakes to provide to the Bank specific facilities and financial incentives set forth in the Memorandum of Understanding attached as a Schedule to the present Agreement. The Schedule is incorporated herein and forms an integral part of this Agreement. PART XI Settlement of Disputes Article XXIII Any dispute between the Bank and the Government concerning the interpretation or application of this Agreement or of any supplementary agreement which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators: one to be appointed by the President; one to be appointed by the Minister for the time being responsible for Foreign Affairs of the Republic of Zimbabwe and the third, who shall be Chairman of the tribunal, to be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third arbitrator or should either party fail to appoint an arbitrator within one month of receipt of notice of arbitration addressed by the other party, such arbitrators shall be appointed by the President of the International Court of Justice at the request of the President or the Government. PART XII Final Provisions This Agreement shall cease to be in force: (a) by mutual accord of the Parties hereto; and (b) if the Harare Branch is removed from the territory of the Republic of Zimbabwe. IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorised for this purpose, have signed the present Agreement. DONE AT Harare this 18th day of July, 1996, in two originals in the English language both texts being equally authentic. FOR THE AFRICAN EXPORTIMPORT BANK CHRISTOPHER EDORDU PRESIDENT FOR THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE ISACK STANISLAUS GORERAZVO MUDENGE MINISTER OF FOREIGN AFFAIRS - 15 -