CORRUPTION AND FRAUDULENT PRACTICES Sample Clauses

CORRUPTION AND FRAUDULENT PRACTICES. 23.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors observe the highest standard of ethics during the procurement and execution of such Contracts. In this regard the Government of Japan shall demand that the End-User and Crown Agents shall reject a bid if it determines that the bidder has engaged in corrupt and fraudulent practices in competing for the Contract in question. The Government of Japan shall recognise a Contractor as ineligible, for a period determined by the Government of Japan, to be awarded a Contract funded by the Grant if it at any time determines that the Contractor has engaged in corrupt and fraudulent practices in competing for, or in executing any other contracts funded by the Grant or other Japanese Official Development Assistance. 23.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor such administrative sanctions as debarment, exclusion of goods manufactured etc, from Japanese government procurement, the Government of Japan may ask the End- User and the Agent to exclude the Goods manufactured by the sanctioned Contractor from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan. 23.3 The Contractor warrants that it has not and shall not: a. offer or agree to give any person working for or engaged by the Principal or the End- User or Crown Agents any gift or other consideration, which could act as an inducement or a reward for any act or failure to act connected to the Contract, or any other agreement with the Contractor, including the award of the Contract to the Contractor and any of the rights and obligations contained within it; nor b. enter into the Contract if it has knowledge that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Principal or the End-User or Crown Agents by or for the Contractor, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to Crown Agents and accepted in writing by Crown Agents before execution of the Contract. 23.4 The Contractor, shall if requested by Crown Agents, make a declaration in a form acceptable to Crown Agents that it has not made any bribe or facilitation payment on Crown Agents’ behalf or on behalf of the End-User or the Principal. 23.5 If the Contractor (including any Contactor employee, subcontractor ...
Sample 1Sample 2Sample 3See All (23)
AutoNDA by SimpleDocs
CORRUPTION AND FRAUDULENT PRACTICES. 20.1 The Supplier warrants that it has not and shall not: a. offer or agree to give any person working for or engaged by the Principal or the End- User or Crown Agents any gift or other consideration, which could act as an inducement or a reward for any act or failure to act connected to the Contract, or any other agreement with the Supplier, including the award of the Contract to the Supplier and any of the rights and obligations contained within it; nor b. enter into the Contract if it has knowledge that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Principal or the End-User or Crown Agents by or for the Supplier, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to Crown Agents and accepted by Crown Agents in writing before execution of the Contract. 20.2 The Supplier shall, if requested by Crown Agents, make a declaration in a form acceptable to Crown Agents that it has not made any bribe or facilitation payment on Crown Agents’ behalf or on behalf of the End-User or the Principal. 20.3 If the Supplier (including any Supplier employee, subcontractor or agent, in all cases whether or not acting with the Contractor’s knowledge) breaches: a. any of the provisions in this clause 20; or b. any of the provisions of the Bribery Act 2010, or any similar legislation in relation to this Contract or any contract with the Principal or Crown Agents, Crown Agents may terminate the Contract by written notice with immediate effect. 20.4 Any termination under clause 20.3 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, or the End-User. 20.5 Notwithstanding clause 28 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 17.5, 20.1 to clause 20.3 inclusive; or b. the amount or value of any gift, consideration or commission shall be determined by Crown Agents and the decision shall be final and conclusive. 20.6 Crown Agents will not make payments to bank accounts in countries where the Supplier is not domiciled unless the Supplier provides written evidence satisfactory to Crown Agents that the payment is not contrary to the taxation laws and/or foreign exchange controls of the Supplier’s country of domicile. Crown Agents reserves the right to refuse to make payments to such bank accounts in any event.
Sample 1See All (5)

Related to CORRUPTION AND FRAUDULENT PRACTICES

  • Corrupt or Fraudulent Practices 2.31.1 The Procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contracts when used in the present regulations, the following terms are defined as follows;

  • Corrupt Practices 3.1 The government requires that the bidders, suppliers, sub contractors and supervisors observe the highest standards of ethics during the execution of such contracts. In this pursuit of this policy, the government; Defines for the purpose of this provision, the terms set forth below as follows:

  • Fraudulent Claims If any claim under this Agreement is in any respect fraudulent, all benefits payable and/or paid in relation to that claim shall be forfeited and if deemed appropriate, recoverable, respectively.

  • Solvency; Fraudulent Conveyance CAC is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. CAC does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. CAC does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official to manage or control any of its assets. The amount of consideration being received by CAC upon the sale or other absolute transfer of the Conveyed Property to Funding constitutes reasonably equivalent value and fair consideration for the Conveyed Property. CAC is not transferring the Conveyed Property to Funding with any intent to hinder, delay or defraud any of its creditors.

  • fraudulent misrepresentation No party guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any party who was not guilty of such fraudulent misrepresentation.

  • Fraudulent Conveyance Borrower (a) has not entered into the Loan or any Loan Document with the actual intent to hinder, delay, or defraud any creditor and (b) received reasonably equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the execution and delivery of the Loan Documents, exceed Borrower’s total liabilities, including, without limitation, subordinated, unliquidated, disputed or contingent liabilities. The fair saleable value of Borrower’s assets is and will, immediately following the execution and delivery of the Loan Documents, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities or its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the execution and delivery of the Loan Documents will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur debts and liabilities (including, without limitation, contingent liabilities and other commitments) beyond its ability to pay such debts as they mature (taking into account the timing and amounts to be payable on or in respect of obligations of Borrower).

  • Program Fraud and False or Fraudulent Statements or Related Acts (A) The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate. (B) The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307, as amended, on the CONTRACTOR, to the extent the Federal Government deems appropriate. (C) The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

  • No Fraudulent Conveyance No sale or contribution hereunder constitutes a fraudulent transfer or conveyance under any United States federal or applicable state bankruptcy or insolvency laws or is otherwise void or voidable under such or similar laws or principles or for any other reason.

  • Foreign Corrupt Practices Act None of the Company and its Subsidiaries or, to the Company’s knowledge, any director, officer, agent, employee or affiliate of the Company and its Subsidiaries or any other person acting on behalf of the Company and its Subsidiaries, has, directly or indirectly, given or agreed to give any money, gift or similar benefit (other than legal price concessions to customers in the ordinary course of business) to any customer, supplier, employee or agent of a customer or supplier, or official or employee of any governmental agency or instrumentality of any government (domestic or foreign) or any political party or candidate for office (domestic or foreign) or other person who was, is, or may be in a position to help or hinder the business of the Company (or assist it in connection with any actual or proposed transaction) that (i) might subject the Company to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (ii) if not given in the past, might have had a Material Adverse Change or (iii) if not continued in the future, might adversely affect the assets, business, operations or prospects of the Company. The Company has taken reasonable steps to ensure that its accounting controls and procedures are sufficient to cause the Company to comply in all material respects with the Foreign Corrupt Practices Act of 1977, as amended.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!