Improper Payment. Improper payment means any pay- ment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, con- tractual, administrative, or other xx- xxxxx applicable requirements; and
Improper Payment. None of the officers, directors, employees and/or agents of any Borrower Person have offered, given, insisted on, received or solicited any illegal payment or illegal advantage to influence the action of any person with respect to any transaction contemplated by the Basic Agreements.
Improper Payment. Payment to a Participant for services not delivered, services incorrectly billed, or for which records are not available.
Improper Payment. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability.
Improper Payment. No employee shall receive and no contractor shall pay more than the hourly wage rate, unless otherwise specified in this Agreement, regardless of whether the payment is issued by the contractor or any other person, firm or corporation. Any manner or method (such as: multiple checks, cash, equipment rental, bonuses, travel pay, subsistence, material purchase, subcontracting, or any subterfuge) with an intent to evade the proper payment of wages and fringe benefits shall be a violation of this Agreement. All payments as described above, shall be considered gross wages, and divided by the appropriate basic contract wage scale to determine the amount of contributions due and owing by the Employer under the contract. Nothing herein shall prohibit the contractor from paying a superior xxxxxxx at a rate in excess of the appropriate contractual wage level, but seven (7) days prior notification to Painters and Allied Trades District Council No. 36 must be made.
Improper Payment. The Borrower shall not offer, give, insist on, receive or solicit any illegal payment or improper advantage to influence the action of any person with respect to any transaction contemplated by the Finance Documents and the Borrower will ensure that any representative, public officer, public servant, agent, employee or affiliated entity of the Borrower comply with the foregoing.
Improper Payment. Any amount paid by the Company to the Junior Creditor in violation of any provision of this Agreement shall be received in trust by the Junior Creditor for the benefit of the Bank and shall, with or without demand, be immediately delivered by the Junior Creditor to the Bank in the same form in which received, with the addition only of such endorsements or assignments as may be necessary to perfect the title of the Bank to such payment. Such amounts may be applied by the Bank to any item of the Senior Obligations in such order as the Bank in its discretion shall determine or may be returned to the Company at the Bank's discretion. Upon the request of the Bank, the Company and the Junior Creditor will execute such documents and perform all such other acts as may reasonably be required to rescind premature performance of any Junior Obligation and to reestablish, to the maximum extent practical, the status quo prior to such premature performance.
Improper Payment. The Company has not committed, and no person to its present knowledge has committed, any of the following acts:
(i) the offering, giving, receiving or soliciting of any improper advantage to influence the action of a person holding a public office or function or a director or employee of a public authority or public enterprise or a director or official of a public international organisation in connection with any procurement process or in the execution of any contract in connection with the Project; or
(ii) any act which improperly influences or aims improperly to influence the procurement process or the implementation of the Project to the detriment of the Company, including collusion between tenderers.
Improper Payment. (a) To the reasonable knowledge of the Seller and the Guarantor, the Target Company has not paid or caused any other person to pay or give anything of significant value to or enter into any transaction with any Governmental Authority, governmental officials or officers of any enterprises, for purpose of influencing such persons in official positions in order to obtain or retain business or transfer any business to the Target Company or any other person.
(b) Throughout the negotiation and execution of this Agreement, to the knowledge of the Seller and the Guarantor, neither the Seller nor its Affiliates, including the directors, officers, business personnel, representatives and intermediaries (the “Project Representatives”) have provided any commercial bribery to the Purchaser’s project representatives by any way or by any reason in the form of cash, anything of value, consumption or otherwise. For purpose of this Section 4.2 (19), any benefit such as work meal, accommodation, transportation or any gift with insignificant value publicly provided by the Seller to the project representatives of the Purchaser based on business reception etiquette and for purpose of completion of the share transfer contemplated under this Agreement, shall not be deemed commercial bribery.
Improper Payment. With respect to any transaction arising from this Agreement, the parties agree not to make any illegal offer or make, or commit to the making of, a transfer of anything of value (in the form of compensation, gift, contribution or otherwise) to any employee, representative, person or organization in any way connected with the other party or any Customer of the other party. Nothing in this section is intended to prevent ordinary and reasonable business entertainment or gifts not of substantial value, customary in local business relationships and not in violation of law as applied in the relevant jurisdiction.
