Common use of FRAUD AND CORRUPT PRACTICES Clause in Contracts

FRAUD AND CORRUPT PRACTICES. 4.1 The Bidders and their respective officers, employees, agents, and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA or the Agreement, the Authority may reject a BID, withdraw the LOA, or terminate the Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder, if it determines that the Bidder, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, the Authority shall be entitled to forfeit and appropriate the BID Security or Performance Security, as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority under the Bidding Documents and/ or the Agreement, or otherwise. 4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and remedies which the Authority may have under the LOA or the Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by the Authority 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 Bidding Process, or after the issue of the LOA or the execution of the Agreement, such Bidder shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder, or Contractor, as the case may be, is found by the Authority 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. 4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter respectively assigned to them:

FRAUD AND CORRUPT PRACTICES. 4.1 4.14.1 The Bidders and their respective officers, employees, agents, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA LOI and during the subsistence of the Authorisation Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA LOI or the Authorisation Agreement, the Authority may shall reject a BIDBid, withdraw the LOALOI, or terminate the Authorisation Agreement, as the case may be, without being liable in any manner whatsoever to the BidderBidder or Authorisee, as the case may be, if it determines that the BidderBidder or Authorisee, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, the Authority shall be entitled to forfeit and appropriate the BID Bid Security or Performance Security, as the case may be, as Damagesmutually agreed genuine pre-estimated compensation and damages payable to the Authority towards, inter alia, time, cost and effort of the Authority, without prejudice to any other right or remedy that may be 'available to the Authority under the Bidding Documents and/ or the Agreement, hereunder or otherwise. 4.2 4.14.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove 4.14.1 herein above and the rights and remedies which the Authority may have under the LOA LOI or the Authorisation Agreement, or otherwise if a Bidder or ContractorAuthorisee, as the case may be, is found by the Authority 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 Bidding Process, or after the issue of the LOA LOI or the execution of the Authorisation Agreement, such Bidder or Authorisee shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder, Bidder or ContractorAuthorisee, as the case may be, is found by the Authority to have directly or indirectly or through throng') an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 4.3 4.14.3 For the purposes of this Section 4Clause 4.14, the following terms shall have the meaning hereinafter respectively assigned to them:;

FRAUD AND CORRUPT PRACTICES. 4.1 15.1 The Bidders Lessee and their its respective officers, employees, agentsDirectors, representatives, contractors, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the Agreemententire Term. Notwithstanding anything to the contrary contained herein, herein or in the LOA Letter of Award or the AgreementRFP Documents, the Authority may reject a BIDLessor may, at any time, withdraw the LOA, or Letter of Award and terminate the Agreement, as the case may bethis Lease Deed, without being liable in any manner whatsoever to the BidderLessee, if it the Lessor determines that the BidderLessee has, directly or indirectly indirectly, or through an agentany Person, engaged in corrupt practiceany Corrupt Practice, fraudulent practiceFraudulent Practice, coercive practiceCoercive Practice, undesirable practice or restrictive practice Undesirable Practice and/or Restrictive Practice in the Bidding Process. In such an eventbidding process under the RFP, the Authority issuance of the Letter of Award or the execution of this ▇▇▇▇▇ ▇▇▇▇. If the Lessor determines that the Lessee or any of its respective officers, employees, Directors, representatives, contractors, agents and advisers, as the case may be, has, directly or indirectly, or through any of other Person, engaged in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice and/or Restrictive Practice in the bidding process under the RFP, in the issuance of the Letter of Award or the execution of this Lease Deed, then the Lessor shall be entitled to forfeit and appropriate the BID Security or Premium and the Performance SecurityGuarantee (if applicable at such time), as the case may bedamages, as Damagesand forthwith terminate this Lease Deed, without prejudice to any other right or remedy that may be available to the Authority it under the Bidding RFP Documents and/ and this Lease Deed or the Agreement, under Applicable Law or otherwise. 4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and remedies which the Authority may have under the LOA or the Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by the Authority 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 Bidding Process, or after the issue of the LOA or the execution of the Agreement, such Bidder shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder, or Contractor, as the case may be, is found by the Authority 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. 4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter respectively assigned to them:

FRAUD AND CORRUPT PRACTICES. 4.1 12.1 The Bidders Licencee and its Shareholders and their respective officers, employees, agentsDirectors, representatives, contractors, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue entire term of the LOA and during the subsistence of the AgreementLicence Period. Notwithstanding anything to the contrary contained herein, herein or in the LOA Letter of Award or the AgreementTender Document, the Authority may reject a BIDLicensor may, at any time, withdraw the LOA, or Letter of Award and terminate the Agreement, as the case may bethis Agreement and other Definitive Documents, without being liable in any manner whatsoever to the BidderLicencee, if it the Licensor determines that the BidderLicencee or any of its Shareholders has, directly or indirectly indirectly, or through an agentany Person, engaged in corrupt practiceany Corrupt Practice, fraudulent practiceFraudulent Practice, coercive practiceCoercive Practice, undesirable practice or restrictive practice Undesirable Practice and/or Restrictive Practice in the Bidding Process. In such an event, the Authority issuance of the Letter of Award or the execution of the Definitive Agreements. If the Licensor determines that the Licencee or any of its Shareholders or any of their respective officers, employees, Directors, representatives, contractors, agents and advisers, as the case may be, has, directly or indirectly, or through any of other Person, engaged in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice and/or Restrictive Practice in the Bidding Process, in the issuance of the Letter of Award or the execution of the Definitive Agreements, then the Licensor shall be entitled to forfeit and appropriate the BID Security or Upfront Fee and the Performance Security, as the case may bedamages, as Damagesand forthwith terminate this Agreement, without prejudice to any other right or remedy that may be available to the Authority it under the Bidding Documents and/ Tender Document or the Agreement, Definitive Documents or under Applicable Law or otherwise. 4.2 12.2 Without prejudice to the rights of the Authority Licensor under Clause 4.1 hereinabove 12.1 above and the rights and remedies which the Authority Licensor may have under the LOA Letter of Award or the AgreementDefinitive Documents, or otherwise otherwise, if a Bidder the Licencee or Contractorany of its Shareholders or any of their respective officers, employees, Directors, representatives, contractors, agents and advisers, as the case may be, is found by the Authority to have have, directly or indirectly indirectly, or through an agentany of other Person, engaged or indulged in any corrupt practiceCorrupt Practice, fraudulent practiceFraudulent Practice, coercive practiceCoercive Practice, undesirable practice Undesirable Practice or restrictive practice Restrictive Practice during the Bidding Process, or after the issue issuance of the LOA Letter of Award or the execution during the Licence Period, then neither the Licencee nor any of the Agreementits Shareholders or any of their respective officers, such Bidder employees, Directors, representatives, contractors, agents and advisers, shall not be eligible to participate in any tender or RFP tender document issued by the Authority Licensor during a period of 2 five (two5) years from the date such Bidder, or Contractor, as the case may be, it is found by the Authority to have been, directly or indirectly or through an agentindirectly, engaged or indulged in any corrupt practiceCorrupt Practice, fraudulent practiceFraudulent Practice, coercive practiceCoercive Practice, undesirable practice Undesirable Practice or restrictive practicesRestrictive Practices, as the case may be. 4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter respectively assigned to them:

FRAUD AND CORRUPT PRACTICES. 4.1 a) The Bidders Service Provider and their respective officers, employees, agents, and advisers its Personnel shall observe the highest standard standards of ethics during and shall not have engaged in and shall not hereafter engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice, unwanted/unnecessary surgical interventions / therapies against medical ethics and standard treatment protocols or restrictive practice (collectively the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the Agreement“Prohibited Practices”). Notwithstanding anything to the contrary contained herein, or in the LOA or the Agreementthis Contract, the Authority may reject Trust shall be entitled to terminate this Contract forthwith by a BID, withdraw communication in writing to the LOA, or terminate the Agreement, as the case may beService Provider, without being liable in any manner whatsoever to the BidderService Provider, if it determines that the BidderService Provider has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice any Prohibited Practices in the Bidding ProcessEmpanelment Process or before or after entering into of this Contract. In such an event, the Authority Trust shall be entitled to forfeit and appropriate genuine pre- estimated damages payable to the BID Security or Performance SecurityTrust towards, as inter alia, the case may betime, as Damagescost and effort of the Trust, without prejudice to the Trust’s any other right rights or remedy that may be available to the Authority under the Bidding Documents and/ hereunder or the Agreement, or otherwisein law. 4.2 b) Without prejudice to the rights of the Authority Trust under Clause 4.1 hereinabove sub clause (a) above and the other rights and remedies which the Authority Trust may have under this contract, if the LOA or the Agreement, or otherwise if a Bidder or Contractor, as the case may be, Service Provider is found by the Authority Trust to have directly or indirectly or through an agent, engaged or indulged in any corrupt practiceProhibited Practices, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, Selection Process or before or after the issue of the LOA or the execution of this contract, the Agreement, such Bidder Service Provider shall not be eligible to participate in any tender or RFP issued by the Authority apply for empanelment during a period of 2 (two) years from the date such Bidder, or Contractor, as the case may be, Service Provider is found by the Authority Trust 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 beProhibited Practices. 4.3 c) For the purposes of this Section 4sub clauses (a) and (b) above, the following terms shall have the meaning hereinafter respectively assigned to them:specified in SCC.

FRAUD AND CORRUPT PRACTICES. 4.1 a) The Bidders and their respective officers, employees, agents, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the AgreementContract. Notwithstanding anything to the contrary contained herein, or in the LOA or the AgreementContract, the Authority GMDC may reject a BIDBid, withdraw the LOA, or terminate the Agreement, as the case may beContract, without being liable Page 38 of 87 in any manner whatsoever to the Bidder, if it determines that the BidderBidder or as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, the Authority GMDC shall be entitled to forfeit and appropriate the BID Security or Performance SecurityEMD , as the case may be, as Damages, without prejudice to any other right or remedy that may be available to the Authority GMDC under the Bidding Documents and/ or the AgreementContract, or otherwise. In case of cancellation of Contract, if already awarded, Authority shall be entitled to recover from the Bidder the amount of any loss arising from such cancellation in accordance with provisions of RFP Document. 4.2 b) Without prejudice to the rights of the Authority GMDC under sub Clause 4.1 (a) hereinabove and the rights and remedies which the Authority GMDC may have under the LOA or the Agreement, Contract or otherwise if a Bidder or Contractor, Consultant as the case may be, is found by the Authority GMDC 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 Bidding Process, or after the issue of the LOA or the execution of the AgreementContract and/or otherwise, such Bidder or Consultant shall not be eligible to participate in any tender or RFP issued by the Authority GMDC during a period of 2 (two) years from the date such Bidder, Bidder or Contractor, Consultant as the case may be, is found by the Authority GMDC 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. 4.3 c) For the purposes of this Section 4Clause 8, the following terms shall have the meaning hereinafter respectively assigned to them:

FRAUD AND CORRUPT PRACTICES. 4.1 i. The Bidders and their respective officers, employees, agents, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the AgreementSelection Process. Notwithstanding anything to the contrary contained herein, or in the LOA or the Agreementthis RFP, the Authority may shall reject a BID, withdraw the LOA, or terminate the Agreement, as the case may be, Bid without being liable in any manner whatsoever to the Bidder, if it determines that the BidderBidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively “Prohibited Practices”) in the Bidding Selection Process. In such an event, the Authority shall be entitled shall, without prejudice to its any other rights or remedies, forfeit and appropriate the BID EMD and the Security or Performance SecurityDeposit, if available, as the case may be, as Damages, without prejudice to any other right or remedy that may be available mutually agreed genuine pre-estimated compensation and damages payable to the Authority under for, inter alia, time, cost and effort of the Bidding Documents and/ or Authority, in regard to the AgreementRFP, or otherwiseincluding consideration and evaluation of such Bidder’s Bid. 4.2 ii. Without prejudice to the rights of the Authority under Clause 4.1 4.10 (i) hereinabove and the rights and remedies which the Authority may have under the LOA or the Agreement, or otherwise if a the Bidder or ContractorLicensee Bank, as the case may be, is found by the Authority 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 Prohibited Practice (as defined above) during the Bidding Selection Process, or after the issue of the LOA or the execution of the Contract Agreement, such Bidder or selected bidder shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder, Bidder or Contractorselected bidder, as the case may be, is found by the Authority 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 besuch Prohibited Practice. 4.3 iii. For the purposes of this Section 4, Clause 4.10 the following terms shall have the meaning hereinafter respectively assigned to them:

FRAUD AND CORRUPT PRACTICES. 4.1 15.1 The Bidders Lessee and their its respective officers, employees, agentsDirectors, representatives, contractors, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the Agreemententire Term. Notwithstanding anything to the contrary contained herein, herein or in the LOA Letter of Award or the AgreementRFP Documents, the Authority may reject a BIDLessor may, at any time, withdraw the LOA, or Letter of Award and terminate the Agreement, as the case may bethis Lease Deed, without being liable in any manner whatsoever to the BidderLessee, if it the Lessor determines that the BidderLessee has, directly or indirectly indirectly, or through an agentany Person, engaged in corrupt practiceany Corrupt Practice, fraudulent practiceFraudulent Practice, coercive practiceCoercive Practice, undesirable practice or restrictive practice Undesirable Practice and/or Restrictive Practice in the Bidding Process. In such an eventbidding process under the RFP, the Authority issuance of the Letter of Award or the execution of this Lease Deed. If the Lessor determines that the Lessee or any of its respective officers, employees, Directors, representatives, contractors, agents and advisers, as the case may be, has, directly or indirectly, or through any of other Person, engaged in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice and/or Restrictive Practice in the bidding process under the RFP, in the issuance of the Letter of Award or the execution of this Lease Deed, then the Lessor shall be entitled to forfeit and appropriate the BID Security or Premium and the Performance SecurityGuarantee (if applicable at such time), as the case may bedamages, as Damagesand forthwith terminate this Lease Deed, without prejudice to any other right or remedy that may be available to the Authority it under the Bidding RFP Documents and/ and this Lease Deed or the Agreement, under Applicable Law or otherwise. 4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and remedies which the Authority may have under the LOA or the Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by the Authority 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 Bidding Process, or after the issue of the LOA or the execution of the Agreement, such Bidder shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder, or Contractor, as the case may be, is found by the Authority 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. 4.3 For the purposes of this Section 4, the following terms shall have the meaning hereinafter respectively assigned to them: