Common use of Fraudulent and Corrupt Practices Clause in Contracts

Fraudulent and Corrupt Practices. 19.20.1 The TSP and its respective officers, employees, agents and advisers shall observe the highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency may terminate the Agreement without being liable in any manner whatsoever to the TSP, if it determines that the TSP has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency shall forfeit the Contract Performance Guarantee of the TSP, without prejudice to any other right or remedy that may be available to the Nodal Agency hereunder or subsistence otherwise. 19.20.2 Without prejudice to the rights of the Nodal Agency under Clause 19.20.1 hereinabove and the rights and remedies which the Nodal Agency may have under this Agreement, if a TSP is found by the Nodal Agency to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) or after the execution of the agreement(s) required under Sharing Regulations, the Nodal Agency may terminate the Agreement without being liable in any manner whatsoever to the TSP. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by any BPC for an indefinite period from the date such TSP is found by the Nodal Agency to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 For the purposes of this Clause 19.20, the following terms shall have the meaning hereinafter respectively assigned to them:

Appears in 35 contracts

Samples: Transmission Service Agreement, Transmission Service Agreement, Transmission Service Agreement

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Fraudulent and Corrupt Practices. 19.20.1 18.22.1 The TSP and its respective officers, employees, agents and advisers shall observe the highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency Long Term Transmission Customer(s) may terminate the Agreement without being liable in any manner whatsoever to the TSP, if it determines that the TSP has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency Long Term Transmission Customer(s) shall forfeit the Contract Performance Guarantee of the TSPGuarantee, without prejudice to any other right or remedy that may be available to the Nodal Agency Long Term Transmission Customer(s) hereunder or subsistence otherwise. 19.20.2 18.22.2 Without prejudice to the rights of the Nodal Agency Long Term Transmission Customer(s) under Clause 19.20.1 18.22.1 hereinabove and the rights and remedies which the Nodal Agency Long Term Transmission Customer(s) may have under this Agreement, if a TSP is found by the Nodal Agency Long Term Transmission Customer(s) to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) or after the execution of the agreement(s) required under Sharing RegulationsTSA, the Nodal Agency Long Term Transmission Customer(s) may terminate the Agreement without being liable in any manner whatsoever to the TSP. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by any BPC for an indefinite the Long Term Transmission Customer(s) during a period of 2 (two) years from the date such TSP is found by the Nodal Agency Long Term Transmission Customer(s) to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 18.22.3 For the purposes of this Clause 19.2018.22, the following terms shall have the meaning hereinafter respectively assigned to them:

Appears in 10 contracts

Samples: Transmission Service Agreement, Transmission Service Agreement, Transmission Service Agreement

Fraudulent and Corrupt Practices. 19.20.1 13.20.1 The TSP Seller and its their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency Procurer may terminate the Agreement without being liable in any manner whatsoever to the TSPSeller, if it determines that the TSP Seller/Successful Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency Procurer shall forfeit the bid bond or the Contract Performance Guarantee of the TSPGuarantee, without prejudice to any other right or remedy that may be available to the Nodal Agency Procurer hereunder or subsistence otherwise. 19.20.2 13.20.2 Without prejudice to the rights of the Nodal Agency Procurer under Clause 19.20.1 Article 13.20.1 hereinabove and the rights and remedies which the Nodal Agency Procurer may have under this Agreement, if a TSP the Seller/Successful Bidder is found by the Nodal Agency Procurer to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) LOI or after the execution of the agreement(s) required under Sharing RegulationsPPA, the Nodal Agency Procurer may terminate the Agreement without being liable in any manner whatsoever to the TSPSeller. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by any BPC for such an indefinite period from the date such TSP is found by the Nodal Agency to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 For the purposes of this Clause 19.20event, the following terms Procurer shall have forfeit the meaning hereinafter respectively assigned to them:Contract Performance Guarantee.

Appears in 1 contract

Samples: Power Purchase Agreement

Fraudulent and Corrupt Practices. 19.20.1 13.20.1 The TSP Seller and its their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency Procurer may terminate the Agreement without being liable in any manner whatsoever to the TSPSeller, if it determines that the TSP Seller/Successsful Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency Procurer shall forfeit the bid bond or the Contract Performance Guarantee of the TSPGuarantee, without prejudice to any other right or remedy that may be available to the Nodal Agency Procurer hereunder or subsistence otherwise. 19.20.2 13.20.2 Without prejudice to the rights of the Nodal Agency Procurer under Clause 19.20.1 Article 13.20.1 hereinabove and the rights and remedies which the Nodal Agency Procurer may have under this Agreement, if a TSP the Seller/Successful Bidder is found by the Nodal Agency Procurer to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) LOI or after the execution of the agreement(s) required under Sharing RegulationsPPA, the Nodal Agency Procurer may terminate the Agreement without being liable in any manner whatsoever to the TSPSeller. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by any BPC for such an indefinite period from the date such TSP is found by the Nodal Agency to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 For the purposes of this Clause 19.20event, the following terms Procurer shall have forfeit the meaning hereinafter respectively assigned to them:Contract Performance Guarantee.

Appears in 1 contract

Samples: Power Purchase Agreement

Fraudulent and Corrupt Practices. 19.20.1 The TSP and its respective officers, employees, agents and advisers shall observe the observethe highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency may terminate the Agreement without being liable in any manner whatsoever to the TSP, if it determines that the TSP has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency shall Agencyshall forfeit the Contract Performance Guarantee of the TSP, without prejudice to any other right or remedy that may be available to the Nodal Agency hereunder or subsistence otherwise. 19.20.2 Without prejudice to the rights of the Nodal Agency under Clause 19.20.1 hereinabove and the rights and remedies which the Nodal Agency may have under this Agreement, if a TSP is found by the Nodal Agency to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) or after the execution of the agreement(s) required under Sharing Regulations, the Nodal Agency may terminate the Agreement without being liable in any manner whatsoever to the TSP. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by any BPC for BPCfor an indefinite period from the date such TSP is found by the Nodal Agency to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 For the purposes of this Clause 19.20, the following terms shall have the meaning hereinafter respectively assigned to them:

Appears in 1 contract

Samples: Transmission Service Agreement

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Fraudulent and Corrupt Practices. 19.20.1 18.22.1 The TSP and its respective officers, employees, agents and advisers shall observe the observethe highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency Long Term Transmission Customer(s) may terminate the Agreement without being liable in any manner whatsoever to the TSP, if it determines that the TSP has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency Long Term Transmission Customer(s) shall forfeit the Contract Performance Guarantee of the TSPGuarantee, without prejudice to any other right or remedy that may be available to the Nodal Agency Long Term Transmission Customer(s) hereunder or subsistence otherwise. 19.20.2 18.22.2 Without prejudice to the rights of the Nodal Agency Long Term Transmission Customer(s) under Clause 19.20.1 18.22.1 hereinabove and the rights and remedies which the Nodal Agency Long Term Transmission Customer(s) may have under this Agreement, if a TSP is found by the Nodal Agency Long Term Transmission Customer(s) to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) or after the execution of the agreement(s) required under Sharing RegulationsTSA, the Nodal Agency Long Term Transmission Customer(s) may terminate the Agreement without being liable in any manner whatsoever to the TSP. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by any BPC for an indefinite the Long Term Transmission Customer(s) during a period of 2 (two) years from the date such TSP is found by the Nodal Agency Long Term Transmission Customer(s) to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 18.22.3 For the purposes of this Clause 19.2018.22, the following terms shall have the meaning hereinafter respectively assigned to them:

Appears in 1 contract

Samples: Transmission Service Agreement

Fraudulent and Corrupt Practices. 19.20.1 β€Œ 18.22.1 The TSP and its respective officers, employees, agents and advisers shall observe the highest standard of ethics during the subsistence of this Agreement. Notwithstanding anything to the contrary contained in the Agreement, the Nodal Agency Long Term Transmission Customer(s) may terminate the Agreement without being liable in any manner whatsoever to the TSP, if it determines that the TSP has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bid process. In such an event, the Nodal Agency Long Term Transmission Customer shall forfeit the Contract Performance Guarantee of the TSP, without prejudice to any other right or remedy that may be available to the Nodal Agency Long Term Transmission Customer(s) hereunder or subsistence otherwise.otherwise.β€Œ 19.20.2 18.22.2 Without prejudice to the rights of the Nodal Agency Long Term Transmission Customer(s) under Clause 19.20.1 18.20.1 hereinabove and the rights and remedies which the Nodal Agency Long Term Transmission Customer(s) may have under this Agreement, if a TSP is found by the Nodal Agency Long Term Transmission Customer(s) to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bid process, or after the issue of Letter of Intent (hereinafter referred to as LoI) or after the execution of the agreement(s) required under Sharing RegulationsISA, the Nodal Agency Long Term Transmission Customer(s) may terminate the Agreement without being liable in any manner whatsoever to the TSP. Further, the TSP & its Affiliates shall not be eligible to participate in any tender or RFP issued by the Long Term Transmission Customer(s) or any BPC for an indefinite during a period of two (2) years from the date such TSP is found by the Nodal Agency Long Term Transmission Customer(s) to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 19.20.3 18.22.3 For the purposes of this Clause 19.2018.20, the following terms shall have the meaning hereinafter respectively assigned to them:

Appears in 1 contract

Samples: Standard Implementation and Service Agreement

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