Common use of Administrative Responsibility Clause in Contracts

Administrative Responsibility. The SHIPPER declares to have reviewed and have knowledge of the contents of the document “Model 231”, including also the ENI Code of Ethics, drafted by ENI in accordance with the legislation in force regarding the administrative liability of legal entities for offences committed by their directors, employees and/or agents and available on the website xxx.xxx.xxx. With respect to the performance of the activities under this Contract, the SHIPPER represents and warrants that it has given and implemented instructions to its directors, employees and/or agents, aimed at preventing any and all conducts in breach of the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the United Nations Convention against Corruption and any other anti-bribery laws which may be applicable to the SHIPPER and undertakes vis-à-vis ENI to continue effectively implementing such instructions for the entire duration of this Contract. In particular and in accordance with the abovementioned laws and conventions, the SHIPPER undertakes to abstain (and to cause its directors, employees and/or agents to abstain) from, directly or indirectly, offering, promising, giving, paying or accepting any Public Official’s request for a gift, or authorizing anyone to give or pay, directly or indirectly, any sums, other benefits or advantages or anything of value to or for a Public Official. For the purposes of this Contract, Public Official shall mean: a) anyone who performs public functions in a legislative judicial or administrative capacity; b) anyone acting in an official capacity for or on behalf of (i) a supranational, national, regional or local government, (ii) an agency, department, office or instrumentality of a supranational, national, regional or local government, (iii) a government-owned or government-controlled or government-participated company, (iv) a public international organization and/or (v) a political party, a member of a political party, an official or candidate for political office; c) anyone in charge of providing a public service; or d) any other person, individual or entity at the suggestion, request or instruction or for the benefit of any of the persons or entities referred to in paragraphs (a) to (c) above. With respect to the performance of the activities under this Contract, the SHIPPER undertakes vis-à-vis ENI for the entire duration of this Contract to strictly abide by the principles of the ENI Code of Ethics and to respect human rights as defined in the ENI Guidelines on the Protection and Promotion of Human Rights, available on the website xxx.xxx.xxx. In particular, the SHIPPER undertakes to abstain from: a) offering commissions, fees and other benefits to directors, employees or agents of ENI; b) entering into trade agreements with directors, employees or agents of ENI which may negatively affect the interests of ENI; c) starting business activities or entering into agreements with third parties in breach of the principles set out in the ENI Code of Ethics which would negatively affect the performance of this Contract; d) providing directors, employees or agents of ENI with non-property benefits also in the form of gifts, means of transportation, hospitality offers which go beyond the limits of the commonly accepted business ethical standard. The Parties agree that any non-compliance, even partial, with the abovementioned representations, warranties and undertakings, which can be reasonably expected to result in adverse consequences for ENI, will be considered a material default under this Contract and will entitle ENI to unilaterally withdraw, even during its performance, or to terminate the Contract, by delivering notice via registered mail, which shall include a brief summary of the circumstances or of the legal proceedings demonstrating such non-compliance. In the event of information that could reasonably imply such non-compliance, pending the required verifications or findings ENI will have the right to suspend the performance of the Contract by delivering notice via registered mail, which shall include a brief summary of the relevant information. Should the information be obtained from the media, ENI shall have the right to exercise such right when the information has been confirmed by an official document of the Judicial Authority and/or otherwise confirmed by the Judicial Authority. The exercise of such rights will be to the sole detriment of the SHIPPER, which shall bear, in all cases, all additional expenses and costs and shall be liable for and defend, indemnify and hold harmless ENI from any third-party action arising from or consequential to such non-compliance.

Administrative Responsibility. The SHIPPER Customer declares to have reviewed and have knowledge of the contents of the document “Model 231”, including also the ENI Eni Code of Ethics, drafted by ENI Eni in accordance with the legislation in force regarding the administrative liability of legal entities for offences committed by their directors, employees and/or agents and available on the website xxx.xxx.xxx. With respect to the performance of the activities under this Contract, the SHIPPER Customer represents and warrants that it has given and implemented instructions to its directors, employees and/or agents, aimed at preventing any and all conducts in breach of the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the United Nations Convention against Corruption and any other anti-bribery laws which may be applicable to the SHIPPER Customer and undertakes vis-à-vis ENI Eni to continue effectively implementing such instructions for the entire duration of this Contract. In particular and in accordance with the abovementioned laws and conventions, the SHIPPER Customer undertakes to abstain (and to cause its directors, employees and/or agents to abstain) from, directly or indirectly, offering, promising, giving, paying or accepting any Public Official’s request for a gift, or authorizing anyone to give or pay, directly or indirectly, any sums, other benefits or advantages or anything of value to or for a Public Official. For the purposes of this Contract, Public Official shall mean: a) anyone who performs public functions in a legislative judicial or administrative capacity; b) anyone acting in an official capacity for or on behalf of (i) a supranational, national, regional or local government, (ii) an agency, department, office or instrumentality of a supranational, national, regional or local government, (iii) a government-owned or government-controlled or government-participated company, (iv) a public international organization and/or (v) a political party, a member of a political party, an official or candidate for political office; c) anyone in charge of providing a public service; or d) any other person, individual or entity at the suggestion, request or instruction or for the benefit of any of the persons or entities referred to in paragraphs (a) to (c) above. With respect to the performance of the activities under this Contract, the SHIPPER Customer undertakes vis-à-vis ENI Eni for the entire duration of this Contract to strictly abide by the principles of the ENI Eni Code of Ethics and to respect human rights as defined in the ENI Eni Guidelines on the Protection and Promotion of Human Rights, available on the website xxx.xxx.xxx. In particular, the SHIPPER Customer undertakes to abstain from: a) offering commissions, fees and other benefits to directors, employees or agents of ENIEni; b) entering into trade agreements with directors, employees or agents of ENI Eni which may negatively affect the interests of ENIEni; c) starting business activities or entering into agreements with third parties in breach of the principles set out in the ENI Eni Code of Ethics which would negatively affect the performance of this Contract; d) providing directors, employees or agents of ENI Eni with non-property benefits also in the form of gifts, means of transportation, hospitality offers which go beyond the limits of the commonly accepted business ethical standard. The Parties agree that any non-compliance, even partial, with the abovementioned representations, warranties and undertakings, which can be reasonably expected to result in adverse consequences for ENIEni, will be considered and constitute a material default Material Reason under this Contract and will entitle ENI Eni to unilaterally withdraw, even during its performance, or to terminate the Contract, by delivering notice via registered mail, which shall include a brief summary of the circumstances or of the legal proceedings demonstrating such non-non- compliance. In the event of information that could reasonably imply such non-compliance, pending the required verifications or findings ENI Eni will have the right to suspend the performance of all the Contract Swap Transactions by delivering notice via registered mail, which shall include a brief summary of the relevant information. Should the information be obtained from the media, ENI Eni shall have the right to exercise such right when the information has been confirmed by an official document of the Judicial Authority and/or otherwise confirmed by the Judicial Authority. The exercise of such rights will be to the sole detriment of the SHIPPERCustomer, which shall bear, in all cases, all additional expenses and costs and shall be liable for and defend, indemnify and hold harmless ENI Eni from any third-third party action arising from or consequential to such non-compliance.

Administrative Responsibility. The SHIPPER Customer declares to have reviewed and have knowledge of the contents of the document “Model 231”, including also the ENI Eni Code of Ethics, drafted by ENI Eni in accordance with the legislation in force regarding the administrative liability of legal entities for offences committed by their directors, employees and/or agents and available on the website xxx.xxx.xxx. With respect to the performance of the activities under this Contract, the SHIPPER Customer represents and warrants that it has given and implemented instructions to its directors, employees and/or agents, aimed at preventing any and all conducts in breach of the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the United Nations Convention against Corruption and any other anti-bribery laws which may be applicable to the SHIPPER Customer and undertakes vis-à-vis ENI Eni to continue effectively implementing such instructions for the entire duration of this Contract. In particular and in accordance with the abovementioned laws and conventions, the SHIPPER Customer undertakes to abstain (and to cause its directors, employees and/or agents to abstain) from, directly or indirectly, offering, promising, giving, paying or accepting any Public Official’s request for a gift, or authorizing anyone to give or pay, directly or indirectly, any sums, other benefits or advantages or anything of value to or for a Public Official. For the purposes of this Contract, Public Official shall mean: a) anyone who performs public functions in a legislative judicial or administrative capacity; b) anyone acting in an official capacity for or on behalf of (i) a supranational, national, regional or local government, (ii) an agency, department, office or instrumentality of a supranational, national, regional or local government, (iii) a government-owned or government-controlled or government-participated company, (iv) a public international organization and/or (v) a political party, a member of a political party, an official or candidate for political office; c) anyone in charge of providing a public service; or d) any other person, individual or entity at the suggestion, request or instruction or for the benefit of any of the persons or entities referred to in paragraphs (a) to (c) above. With respect to the performance of the activities under this Contract, the SHIPPER undertakes vis-à-vis ENI for the entire duration of this Contract to strictly abide by the principles of the ENI Code of Ethics and to respect human rights as defined in the ENI Guidelines on the Protection and Promotion of Human Rights, available on the website xxx.xxx.xxx. In particular, the SHIPPER undertakes to abstain from: a) offering commissions, fees and other benefits to directors, employees or agents of ENI; b) entering into trade agreements with directors, employees or agents of ENI which may negatively affect the interests of ENI; c) starting business activities or entering into agreements with third parties in breach of the principles set out in the ENI Code of Ethics which would negatively affect the performance of this Contract; d) providing directors, employees or agents of ENI with non-property benefits also in the form of gifts, means of transportation, hospitality offers which go beyond the limits of the commonly accepted business ethical standard. The Parties agree that any non-compliance, even partial, with the abovementioned representations, warranties and undertakings, which can be reasonably expected to result in adverse consequences for ENI, will be considered a material default under this Contract and will entitle ENI to unilaterally withdraw, even during its performance, or to terminate the Contract, by delivering notice via registered mail, which shall include a brief summary of the circumstances or of the legal proceedings demonstrating such non-compliance. In the event of information that could reasonably imply such non-compliance, pending the required verifications or findings ENI will have the right to suspend the performance of the Contract by delivering notice via registered mail, which shall include a brief summary of the relevant information. Should the information be obtained from the media, ENI shall have the right to exercise such right when the information has been confirmed by an official document of the Judicial Authority and/or otherwise confirmed by the Judicial Authority. The exercise of such rights will be to the sole detriment of the SHIPPER, which shall bear, in all cases, all additional expenses and costs and shall be liable for and defend, indemnify and hold harmless ENI from any third-party action arising from or consequential to such non-compliance.,