INTEGRITY CLAUSE. a) With the bid submission and/or the acceptance of the Contract, the Bidder/Contractor3 declares: To take note of the commitments made by ENEL S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENEL”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; 4To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; 5To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved. b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENEL: 1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a); 2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Contractor itself and of the Company concerned.
Appears in 1 contract
Samples: Supply and Service Agreement
INTEGRITY CLAUSE. a) With the bid submission and/or and /or the acceptance of the Contract, the Bidder/Contractor3 declares: To take note of the commitments made by ENEL Enel S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENELEnel”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; 4To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; 5To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL Enel may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved.
b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENELEnel:
1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a);
2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Bidder/Contractor itself and of the Company concerned. 3 The Legal Representative of the Company on his/her own behalf, on behalf of (a) the holder and the technical director, in the case of an individual company; (b) the associates and the technical director, whether it is a general partnership; (c) the associated partners and the technical director, if it is a limited partnership; (d) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Company where their position is carried out and, if applicable, on behalf of the Parent Company and of (e) holder and the technical director, in the case of an individual company; (f) the associates and the technical director, whether it is a general partnership; (g) the associated partners and the technical director, if it is a limited partnership; (h) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Parent Company .
Appears in 1 contract
Samples: Supply Agreement
INTEGRITY CLAUSE. a) With the bid submission and/or and /or the acceptance of the Contract, the Bidder/Contractor3 Contractor 3 declares: • To take note of the commitments made by ENEL Enel S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENELEnel”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; • 4To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; • 5To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; • To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL Enel may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved.
b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENELEnel:
1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a);
2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Bidder/Contractor itself and of the Company concerned.
Appears in 1 contract
INTEGRITY CLAUSE. a) With the bid submission and/or and /or the acceptance of the Contract, the Bidder/Contractor3 declares: To take note of the commitments made by ENEL Enel S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENELEnel”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; 4To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; 5To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL Enel may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved.
b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENELEnel:
1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a);
2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Bidder/Contractor itself and of the Company concerned. 3 The Legal Representative of the Company on his/her own behalf, on behalf of (a) the holder and the technical director, in the case of an individual company; (b) the associates and the technical director, whether it is a general partnership; (c) the associated partners and the technical director, if it is a limited partnership; (d) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Company where their position is carried out and, if applicable, on behalf of the Parent Company and of (e) holder and the technical director, in the case of an individual company; (f) the associates and the technical director, whether it is a general partnership; (g) the associa xxx partners and the technical director, if it is a limited partnership; (h) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Parent Company .
Appears in 1 contract
Samples: Supply Agreement
INTEGRITY CLAUSE. a) With the bid submission and/or and /or the acceptance of the Contract, the Bidder/Contractor3 Contractor 2 declares: • To take note of the commitments made by ENEL Enel S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENELEnel”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; 4To • 3To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; 5To • 4To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; • To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL Enel may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved.
b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENELEnel:
1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a);
2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Bidder/Contractor itself and of the Company concerned.
1 This “PROTECTION OF THE ENVIRONMENT” clause applies only to works, services with operational activities on behalf of ENEL and/or ENEL facilities, to supplies only if they include installation, or the supervision of work, or loading/unloading, and the supply of hazardous substances/chemical reagents. In addition, this clause also applies to services and/or supplies considered by ENEL to involve a High or Medium Environmental Risk. 2 The Legal Representative of the Company on his/her own behalf, on behalf of (a) the holder and the technical director, in the case of an individual company; (b) the associates and the technical director, whether it is a general partnership; (c) the associated partners and the technical director, if it is a limited partnership; (d) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Company where their position is carried out and, if applicable, on behalf of the Parent Company and of (e) holder and the technical director, in the case of an individual company; (f) the associates and the technical director, whether it is a general partnership; (g) the associated partners and the technical director, if it is a limited partnership; (h) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Parent Company.
Appears in 1 contract
INTEGRITY CLAUSE. a) With the bid submission and/or and /or the acceptance of the Contract, the Bidder/Contractor3 Contractor 2 declares: • To take note of the commitments made by ENEL Enel S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENELEnel”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; 4To • 3To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; 5To • 4To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; • To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL Enel may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved.
b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENELEnel:
1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a);
2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Bidder/Contractor itself and of the Company concerned. 1 This “ENVIRONMENTAL PROTECTION” clause applies only to works, services with operational activities on behalf of ENEL and/or at ENEL facilities, to supplies only if they include installation, or the supervision of work, or loading/unloading, and to the supply of hazardous substances/chemical reagents. In addition, this clause also applies to the services and/or supplies considered by ENEL to involve a High or Medium Environmental Risk. 2 The Legal Representative of the Company on his/her own behalf, on behalf of (a) the holder and the technical director, in the case of an individual company; (b) the associates and the technical director, whether it is a general partnership; (c) the associated partners and the technical director, if it is a limited partnership; (d) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Company where their position is carried out and, if applicable, on behalf of the Parent Company and of (e) holder and the technical director, in the case of an individual company; (f) the associates and the technical director, whether it is a general partnership; (g) the associated partners and the technical director, if it is a limited partnership; (h) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Parent Company.
Appears in 1 contract
Samples: Contract for the Purchase of Supplies, Services or Works
INTEGRITY CLAUSE. a) With the bid submission and/or and /or the acceptance of the Contract, the Bidder/Contractor3 Contractor2 declares: • To take note of the commitments made by ENEL Enel S.p.A. and by the Companies it controls directly or indirectly (hereinafter “ENELEnel”), in the Code of Ethics, Zero Tolerance of Corruption (ZTC) Plan, Human Rights Policy, to respect equivalent principles in the conduct of its business and in managing relationships with third parties; 4To • 3To be unaware of subjection to criminal proceedings for tax crimes, crimes against the public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; 5To • 4To not be subjected to criminal investigations in respect of any fact, matter, unlawful criminal conduct constituting tax crimes, crimes against public administration, crimes against patrimony, crimes against personal freedom, public order, environmental crimes; • To take note and authorize that - for the purposes of evaluation of the professional conduct of the itself and of the Company concerned, in accordance with the second and the third bullet of the present letter a) - ENEL Enel may autonomously acquire more information, in any time, in consideration of the necessary existence of fiduciary duties with the Company involved.
b) The Bidder/Contractor undertakes to promptly inform and provide any relevant documentation to ENELEnel:
1) In the case of acknowledge of subjection to criminal proceedings referred to in the second bullet of the previous letter a);
2) In the case of subjection to criminal investigation referred to in the third bullet of the previous letter a). Enel reserves its right to analyze analyse at its sole discretion the above-mentioned information, for the purposes of assessment of the professional conduct of the Bidder/Contractor itself and of the Company concerned.
1 This “PROTECTION OF THE ENVIRONMENT” clause applies only to works, services with operational activities on behalf of ENEL and/or ENEL facilities, to supplies only if they include installation, or the supervision of work, or loading/unloading, and the supply of hazardous substances/chemical reagents. In addition, this clause also applies to the services and/or supplies considered by ENEL to involve a High or Medium Environmental Risk. 2 The Legal Representative of the Company on his/her own behalf, on behalf of (a) the holder and the technical director, in the case of an individual company; (b) the associates and the technical director, whether it is a general partnership; (c) the associated partners and the technical director, if it is a limited partnership; (d) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Company where their position is carried out and, if applicable, on behalf of the Parent Company and of (e) holder and the technical director, in the case of an individual company; (f) the associates and the technical director, whether it is a general partnership; (g) the associated partners and the technical director, if it is a limited partnership; (h) the managers with power of representation and the technical director and the sole shareholder natural person, or majority shareholder in the case of companies with less than four members, whether it is another type of company or consortium, from the Parent Company.
Appears in 1 contract