Commercial Policy. Silk Road Medical shall, in performing its obligations under this Agreement, comply with all applicable existing and future laws, regulations, and acts of any applicable government, including the United States and with the highest ethical standards of business conduct, including without limitation the United States Foreign Corrupt Practices Act of 1977 as amended and the Anti-Boycott Laws, including without limitation the Export Administration Act (“EAA”), Export Administration Regulations (15 CFR Parts 730-773) (“EAR”) and the Ribicoff Amendment to the 1976 Tax Reform Act (“TRA”). Further, Silk Road Medical shall take no action on behalf of Lake Region, which would cause Lake Region to be in violation of applicable law. Specifically, Silk Road Medical agrees not to make, directly or indirectly, any offer, payment, promise to pay or authorization of the payment of any money, gift or other thing of value to any person who is an official, agent, employee or representative of any government (including any employee of any state-owned hospital or other state-owned enterprise), including the United States or of any ministry, agency, office, department or other instrumentality thereof, for the purpose of obtaining or retaining any business or securing any other business or regulatory advantage of any kind whatsoever for or on behalf of itself or for or on behalf of Lake Region.
Commercial Policy. The Board shall define the commercial policy, to be established at least on a semiannual or quarterly basis if necessary. The commercial policy shall include, without limitation, the monthly number of units to be sold and the price per square meter.
Commercial Policy. Article 110 Article 111
1. Member States shall co-ordinate their commercial relations with third countries in such a way as to bring about, not later than at the expiry of the transitional period, the conditions necessary to the implementation of a common policy in the matter of external trade. The Commission shall submit to the Council proposals regarding the procedure to be applied, in the course of the transitional period, for the establishment of common action and regarding the achievement of a uniform commercial policy.
2. The Commission shall submit to the Council recommendations with a view to tariff negotiations with third countries concerning the common customs tariff. The Council shall authorise the Commission to open such negotiations. The Commission shall conduct these negotiations in consultation with a special Committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it.
3. The Council shall, when exercising the powers conferred upon it under this Article, act during the first two stages by means of a unanimous vote and subsequently by means of a qualified majority vote.
4. Member States shall, in consultation with the Commission, take all necessary measures with the object, in particular, of adjusting their tariff agreements in force with third countries in order that the entry into force of the common customs tariff may not be delayed.
5. Member States shall aim at securing uniformity between themselves at as high a level as possible of their lists of liberalisation in regard to third countries or groups of third countries. For this purpose the Commission shall make any appropriate recommendations to Member States. If Member States abolish or reduce quantitative restrictions in regard to third countries, they shall inform the Commission beforehand and shall accord identical treatment to the other Member States.
1. Without prejudice to obligations undertaken by Member States within the framework of other international organisations, their measures to aid exports to third countries shall be progressively harmonised before the end of the transitional period to the extent necessary to ensure that competition between enterprises within the Community shall not be distorted. On a proposal of the Commission, the Council, acting until the end of the second stage by means of a unanimous vote and subsequently by means of a qualified majority vote, shall issue the di...
Commercial Policy. 13.1 Each party hereto agrees that it will not, in connection with this Agreement or its performance hereunder, directly or indirectly offer, pay, promise to pay or authorize the payment of any money or thing of value to any government official or to any person, while knowing or having reason to know that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a government official for the purpose of (a) influencing any act or decision of such government official, including a decision to fail to perform his official functions; or (b) inducing such government official to use his or her influence with any government of instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist in obtaining or retaining business or directing business, to any other party.
13.2 As used in this Article 13, the term "government official" means any officer or employee of any government or any department, agency, instrumentality or wholly-owned corporation thereof, or any person acting in an official capacity for or on behalf of any such government or department, agency, instrumentality or wholly-owned corporation thereof, or any candidate for political office.
Commercial Policy. A policy which sets forth the terms and conditions governing the relationship between Health Plan and policy holder for the provision of Covered Services to Commercial Members. Commercial Members are those individuals and groups insured by the Health Plan under a group or individual policy.
Commercial Policy. Each of the parties hereto warrants that it shall not, in connection with this Agreement or the performance of its obligations hereunder, directly or indirectly pay, offer to pay, promise to pay or authorize payment of, or give, offer to give, promise to give or authorize the giving of, any money or thing of value to any Government Official, customer or person in the knowledge that all or a portion of such money or thing of value shall be offered, given or promised, directly or indirectly, to a Government Official or customer for the purpose of corruptly influencing any act or decision of such Government Official or customer, including a decision to fail to perform his or her lawful duty, or inducing such Government Official or customer to use influence on any Governmental Authority or customer to corruptly affect or influence any act or decision of such Governmental Authority in order to assist ArthroCare or Arthrex in connection with the use or sale of the Products in the Territory.
Commercial Policy. 17.1 The Parties hereto agree that they will not, directly or indirectly, offer, pay, promise to pay, or authorize the payment of any money or thing of value to any government official or to any person, while knowing or having reason to know that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a government official, for the purpose of:
17.1.1 influencing any act or decision of such government official, including a decision to fail to perform his official functions, or
17.1.2 including such government official to use his influence with any government or instrumentally thereof to affect or influence any act or decision of such government or instrumentality, in order to assist the Company in obtaining or retaining business for or with or directing business, to any person.
Commercial Policy a. No Unauthorized Payments. AUSPEX and FUJI XEROX each agrees that it will not, in connection with this Agreement or its performance hereunder, directly or indirectly offer, pay, promise to pay or authorize the payment of any money or other consideration to any government official or to any person, while knowing or having reason to know that all or a portion of such money or other consideration will be offered, given or promised, directly or indirectly, to a government official for the purpose of:
i. influencing any act or decision of such government official, including a decision to fail to perform his or her official functions; or
ii. inducing such government official to use his or her influence with any government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, to assist AUSPEX or FUJI XEROX in obtaining or retaining business or directing business, to any other party.
Commercial Policy. (a) Each of the parties hereto warrants that it shall not, directly or indirectly pay, offer to pay, promise to pay or authorize payment of, or give, offer to give, promise to give or authorize the giving of, any money or thing of value to any government official, customer or person in the knowledge that all or a portion of such money or thing of value shall be offered, given or promised, directly or indirectly, to a government official, customer or person for the purpose of corruptly influencing any act or decision of such government official, customer or person, including a decision to fail to perform his or her lawful duty, or inducing such government official, customer or person to use influence on any governmental authority or customer to corruptly affect or influence any act or decision of such governmental authority in order to assist Principal or Distributor in connection with the use or sale of the Products.
(b) Principal and Distributor hereby represent, warrant and covenant as follows:
(i) Each has been and will continue to conduct business in material compliance with all Applicable Laws, including but not limited to the Social Security Act, 42 U.S.C. et seq, including the anti-kickback provisions of 42 U.S.C.§ 1320a-7b(b); the False Claims Act, 31 U.S.C. 3729 et seq. and the public transparency and disclosure laws of 42 U.S.C. Section 1320a-7h. Each possesses, and is in compliance with (except for such noncompliance as would not have a material adverse effect on its business), all licenses, permits, approvals and other governmental authorizations necessary to conduct its business;
(ii) Each will comply with Principal’s Business Conduct Policy (“BCP”) for activities in the United States and Principal’s Global Anti-Corruption Policy for activities outside of the United States (“GACP”) governing relationships with health care professionals and other “Customers” as defined therein, and Foreign Officials and others under the scope of the GACP, as the same may be amended from time to time, upon notice of any such amendment by Principal. Distributor acknowledges having received from Principal a copy of Principal’s BCP and of the GACP, and that Principal’s BCP are available at all times on Principal’s public web site at: xxxx://xxx.xxxxxxxxx.xxx/corporate governance/principles-and-ethics/us-business-conduct-standards/index.htm. Distributor agrees to receive from Principal training on Principal’s BCP and of the GACP and how they apply in connection with...
Commercial Policy. GO SPORT FRANCE is solely responsible for the terms, conditions and policies of marketing, pricing and Product returns that it decides to apply. GO SPORT FRANCE shall take sole charge of the sale of Products on the Platform and shall be responsible for the entire commercial policy related to sale of the Products on the Platform, and in particular of the definition of stocks of Products expected and marketed via the Platform, the construction of Product lines and the pricing policy applied to the Products, the institution of promotional offers, etc. GO SPORT FRANCE shall alone assume all the consequences and liabilities of this commercial policy as long as this commercial policy has been complied with by CDiscount in the context of supply of the Services, and for the sale of Products, and shall release CDiscount and hold it harmless from any financial consequences in this regard.
