Common use of Application of the anticorruption clause Clause in Contracts

Application of the anticorruption clause. a) The CONCESSIONAIRE represents that neither it, nor its shareholders, partners, or related companies, nor any of their respective directors, officers, employees, or any of their advisors, representatives, or agents, have paid, offered, or attempted to pay or offer, nor shall they attempt to pay or offer in the future, any illegal payment or commission to any authority in relation to the awarding of the contract, the Concession, or the performance of this Contract. b) It is hereby expressly established that in the event that it is verified that any of the individuals or legal entities mentioned in the preceding paragraph have been found guilty, by virtue of final and binding rulings, or have admitted to and/or acknowledged the commission of the crimes defined in Title XVIII, Chapter II, Section IV of the Peruvian Penal Code, or equivalent crimes in the event that they were committed in other countries, before any competent Peruvian or foreign authority, in relation to the performance of this Contract, the Concession, or the awarding of the contract in the Bidding Process, the Contract shall be terminated by operation of law and the CONCESSIONAIRE shall pay the GRANTOR a penalty equivalent to ten percent (10%) of the amount referred to in Clause 13.1.12, Item g), without prejudice to the execution of the Contract Performance Bond, as applicable.. c) The economic bond referred to in the first paragraph shall be determined based on SMV Resolution No. 019-2015-SMV/01, as substituted. d) The termination of the Contract due to application of the anticorruption clause shall not give rise to any right to indemnity in favor of the CONCESSIONAIRE for damages and losses.

Appears in 2 contracts

Samples: Concession Contract, Concession Contract

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Application of the anticorruption clause. a) The CONCESSIONAIRE represents that neither it, nor its shareholders, partners, or related companies, nor any of their respective directors, officers, employees, or any of their advisors, representatives, or agents, have paid, offered, or attempted to pay or offer, nor shall they attempt to pay or offer in the future, any illegal payment or commission to any authority in relation to the awarding of the contract, the Concession, or the performance of this Contract. b) It is hereby expressly established that in the event that it is verified that any of the individuals or legal entities mentioned in the preceding paragraph have been found guilty, by virtue of final and binding rulings, or have admitted to and/or acknowledged the commission of the crimes defined in Title XVIII, Chapter II, Section IV of the Peruvian Penal Code, or equivalent crimes in the event that they were committed in other countries, before any competent Peruvian or foreign authority, in relation to the performance of this Contract, the Concession, or the awarding of the contract in the Bidding Process, the Contract shall be terminated by operation of law and the CONCESSIONAIRE shall pay the GRANTOR a penalty equivalent to ten percent (10%) of the amount referred to in Clause 13.1.1213.12, Item g), without prejudice to the execution of the Contract Performance Bond, as applicable... c) The economic bond referred to in the first paragraph shall be determined based on SMV Resolution No. 019-2015-SMV/01, as substituted. d) The termination of the Contract due to application of the anticorruption clause shall not give rise to any right to indemnity in favor of the CONCESSIONAIRE for damages and losses.

Appears in 1 contract

Samples: Concession Contract

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Application of the anticorruption clause. a) The CONCESSIONAIRE represents that neither it, nor its shareholders, partners, or related companies, nor any of their respective directors, officers, employees, or any of their advisors, representatives, or agents, have paid, offered, or attempted to pay or offer, nor shall they attempt to pay or offer in the future, any illegal payment or commission to any authority in relation to the awarding of the contract, the Concession, or the performance of this Contract. b) It is hereby expressly established that in the event that it is verified that any of the individuals or legal entities mentioned in the preceding paragraph have been found guilty, by virtue of final and binding rulings, or have admitted to and/or acknowledged the commission of the crimes defined in Title XVIII, Chapter II, Section IV of the Peruvian Penal Code, or equivalent crimes in the event that they were committed in other countries, before any competent Peruvian or foreign authority, in relation to the performance of this Contract, the Concession, or the awarding of the contract in the Bidding Process, the Contract shall be terminated by operation of law and the CONCESSIONAIRE shall pay the GRANTOR a penalty equivalent to ten percent (10%) of the amount referred to in Clause 13.1.1213. 12, Item g), without prejudice to the execution of the Contract Performance Bond, as applicable.. c) The economic bond referred to in the first paragraph shall be determined based on SMV Resolution No. 019-2015-SMV/01, as substituted. d) The termination of the Contract due to application of the anticorruption clause shall not give rise to any right to indemnity in favor of the CONCESSIONAIRE for damages and losses.

Appears in 1 contract

Samples: Concession Contract

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