Common use of Settlement for Clause in Contracts

Settlement for. damages due to Failure to fulfil the Requirements on Health, Safety, and Environment Established by this Contract A) US$ 650 (six hundred and fifty Dollars) in case of serious breach. B) US$ 1,300 (one thousand three hundred Dollars) in case of very serious breach. In the case that the breach expressed in points A), B) and the “extremely serious” ones cause injuries to workers, ENEL –in its sole discretion– shall have the right to claim the settlement of damages up to a sum equal to 2% of the whole Contract value, and in no event to a sum lower than US$ 1,300.00 (one thousand three hundred Dollars). Along with the settlement of damages expressed above, ENEL –in its sole discretion– has the necessary authority to: Stop the activities for the execution of the Contract, during a certain number of days, which may vary in relation to the level of importance of the breach and, in any case, until any adjustment or improvement to correct said breach has been carried out; and without the SUPPLIER having the right to extend the established period for completing the works or to claim any applicable compensation for damages. Demand that the SUPPLIER provides its employees –the persons to whom the breach may be attributed– with an additional training consisting in a 16 hour course on safety and environment. Withhold a sum equal to 10% of the payment to the SUPPLIER from the moment the breach is verified until it is established that any adjustment or improvement has been carried out to correct said breach. The application of penalties shall be carried out in accordance with the local tax laws. ENEL shall donate the amount of penalties to a fund kept to finance information and training on safety and environment addressed to the SUPPLIERS.

Appears in 4 contracts

Samples: Contract for the Purchase of Supplies, Services or Contracting Works, Supply Agreement, Contract for the Purchase of Supplies, Services or Contracting Works

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Settlement for. damages due to Failure to fulfil the Requirements on Health, Safety, and Environment Established by this Contract A) US$ 650 (six hundred and fifty Dollars) in case of serious breach. B) US$ 1,300 (one thousand three hundred Dollars) in case of very serious breach. In the case that the breach expressed in points A), B) and the “extremely serious” ones cause injuries to workers, ENEL –in its sole discretion– shall have the right to claim the settlement of damages up to a sum equal to 2% of the whole Contract value, and in no event to a sum lower than US$ 1,300.00 (one thousand three hundred Dollars). Along with the settlement of damages expressed above, ENEL –in its sole discretion– has the necessary authority to: Stop the activities for the execution of the Contract, during a certain number of days, which may vary in relation to the level of importance of the breach and, in any case, until any adjustment or improvement to correct said breach has been carried out; and without the SUPPLIER having the right to extend the established period for completing the works or to claim any applicable compensation for damages. Demand that the SUPPLIER provides its employees –the persons to whom the breach may be attributed– with an additional training consisting in a 16 hour course on safety and environment. Withhold a sum equal to 10% of the payment to the SUPPLIER from the moment the breach is verified until it is established that any adjustment or improvement has been carried out to correct said breach. If the number of breaches is such that the value of the settlement of damages reaches 5% of the contractual value, ENEL shall be authorized to terminate the Contract after notifying the SUPPLIER of its decision. The application of penalties shall have an impact on the SUPPLIER'S qualification rate. The application of penalties shall be carried out in accordance with the local tax laws. ENEL shall donate the amount of penalties to a fund kept to finance information and training on safety and environment addressed to the SUPPLIERS. DECLARATION OF CONFLICT OF INTEREST [1] (Legal Person) The Company in the person of its legal representative .............................................................. Acknowledges that:  The ENEL Group has adopted a Code of Ethics and has approved the Zero Tolerance Plan against bribery;  These documents express the commitments and the ethical responsibility of ENEL Group in managing its business and relations with third parties and responds to the need to guarantee accuracy and transparency in the management of the business activities and the relationship with third parties;  The Group is committed to guaranteeing and encouraging the utmost impartiality, transparency, and full traceability of the various Purchase processes; And it knows that ENEL shall have the right to terminate the Contract and take as many legal actions as it is entitled to in order to claim damages and losses, in case that the SUPPLIER makes a declaration or an action contrary to avoid conflict of interest, as well as in the case that, as a consequence of a declaration and/or action issued or made by the SUPPLIER a conflict of interest situation arises, in the terms contained in this clause.

Appears in 4 contracts

Samples: Contract for the Purchase of Supplies, Services or Contracting Works, Contract for the Purchase of Supplies, Services or Contracting Works, Supply Agreement

Settlement for. damages due to Failure to fulfil the Requirements on Health, Safety, and Environment Established by this Contract A) US$ 650 (six hundred and fifty Dollars) in case of serious breach. B) US$ 1,300 (one thousand three hundred Dollars) in case of very serious breach. In the case that the breach expressed in points A), B) and the “extremely serious” ones cause injuries to workers, ENEL –in its sole discretion– shall have the right to claim the settlement of damages up to a sum equal to 2% of the whole Contract value, and in no event to a sum lower than US$ 1,300.00 (one thousand three hundred Dollars). Along with the settlement of damages expressed above, ENEL –in its sole discretion– has the necessary authority to: : I. Stop the activities for the execution of the Contract, during a certain number of days, which may vary in relation to the level of importance of the breach and, in any case, until any adjustment or improvement to correct said breach has been carried out; and without the SUPPLIER Contractor having the right to extend the established period for completing the works or to claim any applicable compensation for damages. II. Demand that the SUPPLIER Contractor provides its employees –the persons to whom the breach may be attributed– with an additional training consisting in a 16 hour course on safety and environment. III. Withhold a sum equal to 10% of the payment to the SUPPLIER Contractor from the moment the breach is verified until it is established that any adjustment or improvement has been carried out to correct said breach. The application of penalties shall be carried out in accordance with the local tax laws. ENEL shall donate the amount of penalties to a fund kept to finance information and training on safety and environment addressed to the SUPPLIERSContractors.

Appears in 1 contract

Samples: Contract for the Purchase of Supplies, Services or Contracting Works

Settlement for. damages due to Failure to fulfil the Requirements on Health, Safety, and Environment Established by this Contract A) US$ 650 (six hundred and fifty Dollars) in case of serious breach. B) US$ 1,300 (one thousand three hundred Dollars) in case of very serious breach. In the case that the breach expressed in points A), B) and the “extremely serious” ones cause injuries to workers, ENEL –in its sole discretion– shall have the right to claim the settlement of damages up to a sum equal to 2% of the whole Contract value, and in no event to a sum lower than US$ 1,300.00 (one thousand three hundred Dollars). Along with the settlement of damages expressed above, ENEL –in its sole discretion– has the necessary authority to: Stop the activities for the execution of the Contract, during a certain number of days, which may vary in relation to the level of importance of the breach and, in any case, until any adjustment or improvement to correct said breach has been carried out; and without the SUPPLIER Contractor having the right to extend the established period for completing the works or to claim any applicable compensation for damages. Demand that the SUPPLIER Contractor provides its employees –the persons to whom the breach may be attributed– with an additional training consisting in a 16 hour course on safety and environment. Withhold a sum equal to 10% of the payment to the SUPPLIER Contractor from the moment the breach is verified until it is established that any adjustment or improvement has been carried out to correct said breach. The application of penalties shall be carried out in accordance with the local tax laws. ENEL shall donate the amount of penalties to a fund kept to finance information and training on safety and environment addressed to the SUPPLIERSContractors.

Appears in 1 contract

Samples: Contract for the Purchase of Supplies, Services or Contracting Works

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Settlement for. damages due to Failure to fulfil the Requirements on Health, Safety, and Environment Established by this Contract A) US$ 650 (six hundred and fifty Dollars) in case of serious breach. B) US$ 1,300 (one thousand three hundred Dollars) in case of very serious breach. In the case that the breach expressed in points A), B) and the “extremely serious” ones cause injuries to workers, ENEL –in its sole discretion– shall have the right to claim the settlement of damages up to a sum equal to 2% of the whole Contract value, and in no event to a sum lower than US$ 1,300.00 (one thousand three hundred Dollars). Along with the settlement of damages expressed above, ENEL –in its sole discretion– has the necessary authority to: Stop the activities for the execution of the Contract, during a certain number of days, which may vary in relation to the level of importance of the breach and, in any case, until any adjustment or improvement to correct said breach has been carried out; and without the SUPPLIER Contractor having the right to extend the established period for completing the works or to claim any applicable compensation for damages. Demand that the SUPPLIER Contractor provides its employees –the persons to whom the breach may be attributed– with an additional training consisting in a 16 hour course on safety and environment. Withhold a sum equal to 10% of the payment to the SUPPLIER Contractor from the moment the breach is verified until it is established that any adjustment or improvement has been carried out to correct said breach. The application of penalties shall be carried out in accordance with the local tax laws. ENEL shall donate the amount of penalties to a fund kept to finance information and training on safety and environment addressed to the SUPPLIERS.Contractor s.

Appears in 1 contract

Samples: Contract for the Purchase of Supplies, Services or Contracting Works

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