Common use of FRAUD AND CORRUPT PRACTICES Clause in Contracts

FRAUD AND CORRUPT PRACTICES. 19.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the selection process. Notwithstanding anything to the contrary contained in this tender document, the Employer shall reject a Bid without being liable in any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the selection process. In such an event, the Employer shall, without prejudice to its any other rights or remedies, forfeit the EMD or Performance Security or Counter Security, towards damages payable to the Employer for, inter alias, time, cost and effort of the Employer, in regard to the tender, including consideration and evaluation of such Bidder’s Proposal. 19.2 Without prejudice to the rights & remedies which the Employer may have under the LoA or the Agreement, if a Bidder or Contractor is found by the Employer to have directly or indirectly or through an agent, engaged or indulged in any prohibited practices during the selection process, or after the issue of the LoA or the execution of the Agreement, such Bidder or Contractor shall not be eligible to participate in any tender or tender for chartering issued by the Employer during a period of two years from the date such Bidder or Contractor, as the case may be, is found by the Employer to have directly or through an agent, engaged or indulged in any prohibited practices, as the case may be.

Appears in 4 contracts

Samples: Tender for Bare Boat Chartering, Tender Agreement, Tender Agreement

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FRAUD AND CORRUPT PRACTICES. 19.1 20.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the selection processSelection Process. Notwithstanding anything to the contrary contained in this tender documentTender, the Employer Owner shall reject a Bid without being liable in any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the selection processSelection Process. In such an event, the Employer Owner shall, without prejudice to its any other rights or remedies, forfeit appropriate the EMD Bid Security or Performance Security or Counter Security, towards damages payable to the Employer Owner for, inter aliasalia, time, cost and effort of the EmployerOwner, in regard to the tenderTender, including consideration and evaluation of such Bidder’s ProposalBid. 19.2 20.2 Without prejudice to the rights & of the Owner under Clause 18 (Insurance) hereinabove and the rights and remedies which the Employer Owner may have under the LoA LOA or the Agreement, if a Bidder or Contractor is found by the Employer Owner to have directly or indirectly or through an agent, engaged or indulged in any prohibited practices during the selection processSelection Process, or after the issue of the LoA LOA or the execution of the Agreement, such Bidder or Contractor shall not be eligible to participate in any tender for works or tender for chartering services issued by the Employer Owner during a period of two years from the date such Bidder or Contractor, as the case may be, is found by the Employer Owner to have directly or through an agent, engaged or indulged in any prohibited practices, as the case may be.

Appears in 1 contract

Samples: Tender for Outsourcing of Manpower Services

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FRAUD AND CORRUPT PRACTICES. 19.1 20.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the selection process. Notwithstanding anything to the contrary contained in this tender document, the Employer shall reject a Bid without being liable in any manner whatsoever to the Bidder, if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the selection process. In such an event, the Employer shall, without prejudice to its any other rights or remedies, forfeit the EMD or Performance Security or Counter Security, towards damages payable to the Employer for, inter alias, time, cost and effort of the Employer, in regard to the tender, including consideration and evaluation of such Bidder’s Proposal. 19.2 20.2 Without prejudice to the rights & remedies which the Employer may have under the LoA or the Agreement, if a Bidder or Contractor is found by the Employer to have directly or indirectly or through an agent, engaged or indulged in any prohibited practices during the selection process, or after the issue of the LoA or the execution of the Agreement, such Bidder or Contractor shall not be eligible to participate in any tender or tender for chartering works issued by the Employer during a period of two (2) years from the date such Bidder or Contractor, as the case may be, is found by the Employer to have directly or through an agent, engaged or indulged in any prohibited practices, as the case may be.

Appears in 1 contract

Samples: Tender Agreement

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