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 or agent, in all cases whether or not acting with the Contractor’s knowledge) breaches: a. any of the provisions in this clause 23; 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. 23.6 Any termination under clause 23.5 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. 23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 to clause 23.6 inclusive; or
Appears in 5 contracts
Samples: Goods and Services Contract, Contract, Contract
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 the Agent 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 Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier 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 Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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 Japanese government 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 ContractorSupplier, including the award of the Contract to the Contractor 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 Japanese government or the End-User or Crown Agents by or for the ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The Contractor, 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.
23.5 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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 Principal, Crown Agents or Crown Agentsthe Japanese government, Crown Agents may terminate the Contract by written notice with immediate effect.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, the Japanese government or the End-User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 3 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 the Agent 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 Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier 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 Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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- 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 ContractorSupplier, including the award of the Contract to the Contractor 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 ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The Contractor, 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.
23.5 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, Principal or the End-User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 3 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
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 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- 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- 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 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 End‐User or the Principal.
23.5 If the Contractor (including any Contactor 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 23; 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.
23.6 Any termination under clause 23.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, or the End-UserEnd‐User.
23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 to clause 23.6 inclusive; or
Appears in 2 contracts
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 End‐User and Crown Agents the Agent 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 Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier such administrative sanctions as debarment, exclusion of goods manufactured etc, from Japanese government procurement, the Government of Japan may ask the End- End‐ User and the Agent to exclude the Goods manufactured by the sanctioned Contractor Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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 Japanese government 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 ContractorSupplier, including the award of the Contract to the Contractor 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 Japanese government or the End‐User or Crown Agents by or for the ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The ContractorSupplier shall, 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 End‐User or the Principal.
23.5 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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 Principal, Crown Agents or Crown Agentsthe Japanese government, Crown Agents may terminate the Contract by written notice with immediate effect.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, the Japanese government or the End-UserEnd‐User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 1 contract
Samples: Supply Agreement
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 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- 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- 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 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 in writing 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 End‐User or the Principal.
23.5 If the Contractor (including any Contactor employee, subcontractor or agent, in all cases whether or not acting with the Contractor’s knowledge) breaches:
a. any of the provisions in of this clause 23; 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.
23.6 Any termination under clause 23.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, Principal or the End-UserEnd‐User.
23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 23.3 to clause 23.6 inclusive; or
Appears in 1 contract
Samples: Contract
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 the Agent 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 Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier 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 Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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- Japanese government 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 ContractorSupplier, including the award of the Contract to the Contractor 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 Japanese government or the End-User or Crown Agents by or for the ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The ContractorSupplier shall, 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 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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 Principal, Crown Agents or Crown Agentsthe Japanese government, Crown Agents may terminate the Contract by written notice with immediate effect.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, the Japanese government or the End-User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 1 contract
Samples: Supply Agreement
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 End‐User and Crown Agents the Agent 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 Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier such administrative sanctions as debarment, exclusion of goods manufactured etc, from Japanese government procurement, the Government of Japan may ask the End- End‐ User and the Agent to exclude the Goods manufactured by the sanctioned Contractor Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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- Japanese government 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 ContractorSupplier, including the award of the Contract to the Contractor 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 Japanese government or the End‐User or Crown Agents by or for the ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The Contractor, 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 End‐User or the Principal.
23.5 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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 Principal, Crown Agents or Crown Agentsthe Japanese government, Crown Agents may terminate the Contract by written notice with immediate effect.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, the Japanese government or the End-UserEnd‐User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 1 contract
Samples: Supply Agreement
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 End‐User and Crown Agents the Agent shall reject a bid if it determines that the bidder xxxxxx has engaged in corrupt and fraudulent practices in competing for the Contract in question. The Government of Japan shall recognise a Contractor Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier such administrative sanctions as debarment, exclusion of goods manufactured etc, from Japanese government procurement, the Government of Japan may ask the End- User End‐User and the Agent to exclude the Goods manufactured by the sanctioned Contractor Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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 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 ContractorSupplier, including the award of the Contract to the Contractor 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 End‐User or Crown Agents by or for the ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The Contractor, 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 End‐User or the Principal.
23.5 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, Principal or the End-End‐ User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 1 contract
Samples: Supply Agreement
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 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 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- 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 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 End‐User or the Principal.
23.5 If the Contractor (including any Contactor 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 23; 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.
23.6 Any termination under clause 23.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, or the End-UserEnd‐User.
23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 to clause 23.6 inclusive; or
Appears in 1 contract
Samples: Contract
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 in writing 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 or agent, in all cases whether or not acting with the Contractor’s knowledge) breaches:
a. any of the provisions in of this clause 23; 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.
23.6 Any termination under clause 23.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, Principal or the End-User.
23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 23.3 to clause 23.6 inclusive; or
Appears in 1 contract
Samples: Contract
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 determines 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 Crown Agents 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 or agent, in all cases whether or not acting with the Contractor’s knowledge) breaches:
a. any of the provisions in this clause 23; 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.
23.6 Any termination under clause 23.5 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.
23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 to clause 23.6 inclusive; or
Appears in 1 contract
Samples: Contract
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 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 determines 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- End‐ User and the Agent Crown Agents 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- 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 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 End‐User or the Principal.
23.5 If the Contractor (including any Contactor 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 23; 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.
23.6 Any termination under clause 23.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, or the End-UserEnd‐User.
23.7 Notwithstanding clause 31 (Dispute Resolution), any dispute relating to: a. the interpretation of clauses 20.5, 23.5 to clause 23.6 inclusive; or
Appears in 1 contract
Samples: Contract
CORRUPTION AND FRAUDULENT PRACTICES. 23.1 21.1 The Government of Japan requires that, under Contracts funded by the Grant, bidders and Contractors Suppliers 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 End‐User and Crown Agents the Agent 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 Supplier 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 Supplier 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 21.2 When the authorities concerned of the Government of Japan decide to impose against a Contractor Supplier such administrative sanctions as debarment, exclusion of goods manufactured etc, from Japanese government procurement, the Government of Japan may ask the End- End‐ User and the Agent to exclude the Goods manufactured by the sanctioned Contractor Supplier from the procurement under the Grant, for the period of sanctions by such authorities concerned of the Government of Japan.
23.3 21.3 The Contractor 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 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 ContractorSupplier, including the award of the Contract to the Contractor 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 End‐User or Crown Agents by or for the ContractorSupplier, 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 in writing before execution of the Contract.
23.4 21.4 The Contractor, 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 End‐User or the Principal.
23.5 21.5 If the Contractor Supplier (including any Contactor Supplier employee, subcontractor or agent, in all cases whether or not acting with the ContractorSupplier’s knowledge) breaches:
a. any of the provisions in of this clause 2321; 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.
23.6 21.6 Any termination under clause 23.5 21.5 shall be without prejudice to any right or remedy that has already accrued, or subsequently accrues, to Crown Agents, the Principal, Principal or the End-UserEnd‐User.
23.7 21.7 Notwithstanding clause 31 29 (Dispute Resolution), any dispute relating to: :
a. the interpretation of clauses 20.518.5, 23.5 21.3 to clause 23.6 21.7 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.
21.8 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.
Appears in 1 contract
Samples: Supply Agreement