Common use of Agents / Agency Commission Clause in Contracts

Agents / Agency Commission. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxx.

Agents / Agency Commission. 291. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxx.

Agents / Agency Commission. 291. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with XxxxxBuyer.

Agents / Agency Commission. The seller Seller confirms and declares to the buyer Buyer that the seller Seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores/provider of the services referred to in this contract Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer Government of India or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract / Purchase order contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, party firm or institution institution, whether before or after the signing of this Contract / Purchase ordercontract, the Seller will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation in entering into any RFQ/Tender for new projects/program supply Contract with Buyer the Government of India for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the buyer Buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors)rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxxthe Government of India.

Agents / Agency Commission. The seller Seller(s)/Bidder(s) confirms and declares to the buyer Buyer that the seller Seller(s)/Bidder(s) is the original manufacturer or authorized distributor/distributor / stockiest of original manufacturer or Govt. Sponsored / Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMs) of the goods Goods and / or Services and / or Works referred to in tender / offer / contract / Purchase order to which this contract Omnibus IP applies and has not engaged any individual or firm, whether Indian or foreign Foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract tender /contract / Purchase purchase order to the SellerSeller(s)/Bidder(s); nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller Seller(s)/Bidder(s) agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller Seller(s)/Bidder(s) has engaged any such individual/individual / firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, firm or institution institution, whether before or after the signing of this Contract the respective contract / Purchase purchase order, the Seller Seller(s)/Bidder(s) will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation participating in any RFQ/RFQ / Tender for new projects/projects / program with Buyer for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract / Purchase order either wholly or in part, without any entitlement or compensation to the Seller Seller(s)/Bidder(s) who shall in such event be liable to refund to the buyer, all Agency Commission payments made by the buyer in terms of the Contract Seller(s)/Bidder(s) along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate Base Rate of SBI (State Bank of India) plus 2% (for Indian Vendorsvendors). The Buyer will also have the right to recover any such amount from any contracts / Purchase order concluded earlier or later with XxxxxBuyer.

Agents / Agency Commission. The seller Seller(s)/Bidder(s) confirms and declares to the buyer that the seller Seller(s)/Bidder(s) is the original manufacturer or authorized distributor/distributor / stockiest of original manufacturer or Govt. Sponsored / Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMs) of the goods Goods and / or Services and / or Works referred to in this tender / offer / contract / Purchase order and has not engaged any individual or firm, whether Indian or foreign Foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract tender / Purchase contract / purchase order to the SellerSeller(s)/Bidder(s); nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller Seller(s)/Bidder(s) agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller Seller(s)/Bidder(s) has engaged any such individual/individual / firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, firm or institution institution, whether before or after the signing of this Contract contract / Purchase purchase order, the Seller Seller(s)/Bidder(s) will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation participating in any RFQ/RFQ / Tender for new projects/projects / program with Buyer for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract / Purchase order either wholly or in part, without any entitlement or compensation to the Seller Seller(s)/Bidder(s) who shall in such event be liable to refund to the buyer, all agency commission payments made by the buyer in terms of the Contract Seller(s)/Bidder(s) along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate Base Rate of SBI (State Bank of India) plus 2% (for Indian Vendorsvendors). The Buyer will also have the right to recover any such amount from any contracts / Purchase order concluded earlier or later with XxxxxBuyer.

Agents / Agency Commission. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxx.

Agents / Agency Commission. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with XxxxxBuyer.

Agents / Agency Commission. The seller Seller confirms and declares to the buyer Buyer that the seller Seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores/provider of the services referred to in this contract Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer Government of India or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract / Purchase order contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, firm or institution institution, whether before or after the signing of this Contract / Purchase ordercontract, the Seller will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation in entering into any RFQ/Tender for new projects/program supply Contract with Buyer the Government of India for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the buyer Buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors)rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxxthe Government of India.

Agents / Agency Commission. The seller Seller confirms and declares to the buyer Buyer that the seller Seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores/provider of the services referred to in this contract Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any inane way to recommended recommend to the Buyer Government of India or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract / Purchase order contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or paidor intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, party firm or institution institution, whether before or after the signing of this Contract / Purchase ordercontract, the Seller will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation in entering into any RFQ/Tender for new projects/program supply Contract with Buyer the Government of India for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the buyer Buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors)rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxxthe Government of India.

Agents / Agency Commission. The seller Seller/Bidder confirms and declares to the buyer that the seller Seller/Bidder is the original manufacturer or authorized distributor/distributor / stockiest of original manufacturer or Govt. Sponsored / Designated Export Agencies (applicable in case of countries where domestic laws do not permit direct export by OEMS) of the goods stores and / or Services and / or Works referred to in this tender / offer / contract / Purchase order and has not engaged any individual or firm, whether Indian or foreign Foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract tender / Purchase contract / purchase order to the Seller/Bidder; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller Seller/Bidder0 agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller Seller/Bidder has engaged any such individual/individual / firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, firm or institution institution, whether before or after the signing of this Contract contract / Purchase purchase order, the Seller Seller/Bidder will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation participating in any RFQ/RFQ / Tender for new projects/projects / program with Buyer for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract / Purchase order either wholly or in part, without any entitlement or compensation to the Seller Seller/Bidder who shall in such event be liable to refund to the buyer, all agency commission payments made by the buyer in terms of the Contract Seller/Bidder along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate Base Rate of SBI (State Bank of India) plus 2% (for Indian Vendorsvendors). The Buyer will also have the right to recover any such amount from any contracts / Purchase order concluded earlier or later with XxxxxBuyer.

Agents / Agency Commission. 291. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxx.

Agents / Agency Commission. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with XxxxxBuyer.

Agents / Agency Commission. The seller Seller confirms and declares to the buyer Buyer that the seller Seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores/provider of the services referred to in this contract Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer Government of India or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract / Purchase order contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, party firm or institution institution, whether before or after the signing of this Contract / Purchase ordercontract, the Seller will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation in entering into any RFQ/Tender for new projects/program supply Contract with Buyer the Government of India for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the buyer Buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors)Labour rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxxthe Government of India.

Agents / Agency Commission. The seller Seller confirms and declares to the buyer Buyer that the seller Seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores/provider of the services referred to in this contract Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer Government of India or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract / Purchase order contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual Individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, firm or institution institution, whether before or after the signing of this Contract / Purchase ordercontract, the Seller will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation in entering into any RFQ/Tender for new projects/program supply Contract with Buyer the Government of India for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the buyer Buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors)rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxxthe Government of India.

Agents / Agency Commission. The seller Seller confirms and declares to the buyer Buyer that the seller Seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the goods stores/provider of the services referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended recommend to the Buyer Government of India or any of its functionaries, whether officially or unofficially unofficially, to the award of the Contract / Purchase order contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward reward, fees, commission or consideration to such person, party, firm or institution institution, whether before or after the signing of this Contract / Purchase ordercontract, the Seller will be liable to refund that amount to the Buyer. The seller Seller will also be debarred from participation in entering into any RFQ/Tender for new projects/program supply Contract with Buyer the Government of India for a minimum period of five years. The buyer Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the buyer Buyer in terms of the Contract along with interest at the rate of 2% per annum or 6% whichever is higher above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors)rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Xxxxxthe Government of India.