Applicant and Recipient Conflicts of Interest Requiring Disclosure to the Ao Sample Clauses

Applicant and Recipient Conflicts of Interest Requiring Disclosure to the Ao. ‌ Pre-award Conflicts of Interest. AOs must include the Conflict of Interest Pre- Award Term (August 2018) in all NOFOs. This term requires an applicant to notify USAID of any actual or potential conflict of interest that they are aware of that may provide the applicant with an unfair competitive advantage in competing for a financial assistance award.‌ If the AO determines that a conflict of interest cannot be adequately resolved, the AO must not execute an award to that applicant. The AO then either awards to the next highest ranked eligible applicant or makes no award if there is no other eligible applicant.‌
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Applicant and Recipient Conflicts of Interest Requiring Disclosure to the Ao. ‌ Pre-award Conflicts of Interest. AOs must include the Conflict of Interest Pre- Award Term (August 2018) in all NOFOs. This term requires an applicant to notify USAID of any actual or potential conflict of interest that they are aware of‌ that may provide the applicant with an unfair competitive advantage in competing for a financial assistance award.‌ If the AO determines that a conflict of interest cannot be adequately resolved, the AO must not execute an award to that applicant. The AO then either awards to the next highest ranked eligible applicant or makes no award if there is no other eligible applicant.‌ Post-award Conflicts of Interest. AOs must include the mandatory standard provision, “Conflict of Interest (August 2018)” in all solicitations and awards. This provision requires the recipient to disclose any conflict of interest, including organizational conflicts of interest, in the award, administration, or monitoring of subawards. The recipient must propose an approach for resolving the conflict of interest to the cognizant AO within ten calendar days of the discovery of the conflict of interest.‌ The AO must review all conflict of interest disclosures, both pre-award and post- award, and the applicant’s or recipient’s proposed resolution. The AO must determine if the mitigation is adequate. The AO must notify the recipient within 30 days of receipt of the recipient’s notice that the disclosures and measures proposed to resolve the conflict of interest are adequate or inadequate, unless the AO advises the recipient that a longer period is necessary.‌ 303.3.7 The Award Decision‌‌ Effective Date: 06/01/2006 The AO’s decision to fund or not to fund an award is final and not subject to review. Any information that may impact the AO’s decision must be directed to the AO.‌ 303.3.7.1 Notification‌‌ Effective Date: 12/29/2022
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Applicant and Recipient Conflicts of Interest Requiring Disclosure to the Ao 
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Related to Applicant and Recipient Conflicts of Interest Requiring Disclosure to the Ao

  • Access to Information; Confidentiality (a) Upon reasonable advance written notice, subject to applicable logistical restrictions or limitations as a result of COVID-19 or any COVID-19 Measures and solely for purposes of furthering the Merger Transactions, the Company shall, and shall cause each of its Subsidiaries to, afford to Parent, Merger Sub and their respective representatives reasonable access during normal business hours during the period from the date of this Agreement until the earlier of the Effective Time or the valid termination of this Agreement pursuant to Article VII, to all their respective properties, assets, books, contracts, commitments, personnel and records and, during such period, the Company shall, and shall cause each of its Subsidiaries to, furnish promptly to Parent: (i) a copy of each report, schedule, registration statement and other document filed or received by it during such period pursuant to the requirements of federal or state securities Laws and (ii) all other information concerning its business, properties and personnel as Parent or Merger Sub may reasonably request (including Tax Returns filed and those in preparation and the workpapers of its auditors). Nothing herein (including, for the avoidance of doubt, this Section 5.2(a) and Section 5.2(b)) shall require the Company or any of its Subsidiaries to provide such access or information to the extent that such action (A) would reasonably be expected to result in a waiver of attorney-client privilege, work product doctrine or similar privilege, (B) specifically relates to the evaluation, deliberation or minutes of the Company Board (or any committee or subcommittee thereof) related to the Merger Transactions, the strategic and financial alternatives process leading thereto, or any information or materials provided to the Company Board (or any committee or subcommittee thereof) in connection therewith or (C) would reasonably be expected to violate any applicable Law or any confidentiality obligation owing to a third party so long as the Company shall promptly notify Parent of any such confidentiality obligations or access restrictions and use commercially reasonable efforts to obtain the consent of such third party to provide such information and otherwise provide such access to Parent, if requested and (b) generally describe the type of information that cannot be disclosed to Parent (to the extent not prohibited by law or the underlying document). No investigation pursuant to this Section 5.2 shall affect any representation or warranty in this Agreement of any party hereto or any condition to the obligations of the parties hereto. All requests for access pursuant to this Section 5.2 must be directed to the Chief Financial Officer of the Company or another person designated in writing by the Company. Notwithstanding anything herein to the contrary, Parent and Merger Sub shall not, and shall cause their respective representatives not to, contact any partner, licensor, licensee, customer or supplier of the Company in connection with the Offer, the Merger or any of the other Merger Transactions without the Company’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed), and Parent and Merger Sub acknowledge and agree that any such contact shall be arranged by and with a representative of the Company participating.

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