Common use of Sanctions for Violations Clause in Contracts

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution by the Bidder/ Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Contractor. However, the proceedings with the other Bidder(s)/ Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or Security Deposit/ Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Contractor. (iv) Deleted. (v) To encash the Bank Guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (vii) To debar the Bidder/ Contractor from participating in future bidding processes of NHPC Limited as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A), which may be further extended at the discretion of the Employer. (viii) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ operated. (x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder/ Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Contractor shall be final and conclusive on the Bidder/ Contractor. However, the Bidder/ Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 6 contracts

Sources: Integrity Pact, Integrity Pact, Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Contractor Bidder/Seller or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle the Employer BUYER to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:required:- (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Seller(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer BUYER and the Employer BUYER shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer BUYER resulting from such cancellation/ cancellation/rescission and the Employer BUYER shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the EmployerBUYER, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited Employer, as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A), which may be further extended at the discretion of the EmployerBUYER. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(sBidder(s)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer BUYER with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer Buyer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Contractor Bidder/Seller or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ ContractorBidder/Seller), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruptioncorruption in Buyer’s country. 6.3 The decision of the Employer BUYER to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Contractor Bidder / Seller shall be final and conclusive on the Bidder/ ContractorBidder / Seller. However, the Bidder/ Contractor Bidder/Seller can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 3 contracts

Sources: Integrity Pact, Integrity Pact, Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ question shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:required:- (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (vii) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A), which may be further extended at the discretion of the Employer. (viii) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(ss)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 6.1 (i) to (x) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 2 contracts

Sources: Integrity Pact, Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. shall entitle ▇▇▇▇▇ entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signedsigned) shall stand forfeited either fully or partially, as decided by the Employer ▇▇▇▇▇ and the Employer ▇▇▇▇▇ shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer ▇▇▇▇▇ resulting from such cancellation/ cancellation/rescission and the Employer ▇▇▇▇▇ shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the Employer▇▇▇▇▇, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A)▇▇▇▇▇, which may be further extended at the discretion of the Employer▇▇▇▇▇. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(ss)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer ▇▇▇▇▇ with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer . ▇▇▇▇▇ will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 . The decision of the Employer ▇▇▇▇▇ to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Contractor Bidder or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle by the Employer Buyer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one action of the following actions, wherever required: (i) To immediately call off of the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(s) Bidder would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond Security (after the contract is Signedsigned) shall stand forfeited either fully or partially, as decided by the Employer BUYER and the Employer BUYER shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer Bidder resulting from such cancellation/ cancellation/rescission and the Employer BUYER shall be entitled to deduct the amount so payable from the money(s) moneys due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the EmployerBidder, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Contractor Bidder from participating in future bidding processes of NHPC Limited as per provisions Pasteur Institute of “Guidelines on Banning India, Coonoor for a minimum period of Business Dealings” of NHPC Limited (Annex-A)2 years, which may be further extended at the discretion of the Employer.Buyer (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(s) Bidder/Contractor to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters letters of Credit credit have been received in respect of any contract signed by the Employer BUYER with the Bidder/ Bidder/Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (xviii) of this Pact also on the Commission commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer BUYER to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) Monitors appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings" attached as Annex-A and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited NHDC Ltd., as per provisions of "Guidelines on Banning of Business Dealings" of NHPC Limited NHDC Ltd. (Annex-A), which may be further extended at the discretion of the Employer. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(sBidder(s)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para para 6.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, provisions before award or during execution by the Bidder/ Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as AnnexAnnexure-A and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Contractor. However, the proceedings with the other Bidder(s)/ Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or Security Deposit/ Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Contractor. (iv) Deleted. (v) To encash the Bank Guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Contractor from participating in future bidding processes of NHPC CVPP(P) Limited as per provisions of “Guidelines on Banning of Business Dealings” of NHPC CVPP(P) Limited (AnnexAnnexure-AVI), which may be further extended at the discretion of the Employer. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Contractor shall be final and conclusive on the Bidder/ Contractor. However, the Bidder/ Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:required:- (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) DeletedDeleted . (vii) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited Ltd. (Annex-A), which may be further extended at the discretion of the Employer. (viii) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(sBidder(s)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, provisions before award or during execution by the Bidder/ Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Contractor. However, the proceedings with the other Bidder(s)/ Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or Security Deposit/ Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Contractor. (iv) Deleted. (v) To encash the Bank Guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Contractor from participating in future bidding processes of NHPC CVPP(P) Limited as per provisions of “Guidelines on Banning of Business Dealings” of NHPC CVPP(P) Limited (Annex-A), which may be further extended at the discretion of the Employer. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para para 6.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Contractor shall be final and conclusive on the Bidder/ Contractor. However, the Bidder/ Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings" attached as AnnexAnnexure-A C and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited NHDC Ltd., as per provisions of "Guidelines on Banning of Business Dealings" of NHPC Limited NHDC Ltd. (AnnexAnnexure-AC), which may be further extended at the discretion of the Employer. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(ss)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 5.1. Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability (whether with or credibility in question. ▇▇▇▇▇ without knowledge of the BIDDER) shall entitle the Employer BUYER to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required: (i) To immediately call off the pre pre-contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer Institute and the Employer Institute shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer Institute resulting from such cancellation/ cancellation/rescission and the Employer Institute shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) DeletedTo encash the advance Bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payment, already made by BUYER along with interest. (v) To encash the Bank Guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (vii) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited as per provisions Government of “Guidelines on Banning India for a minimum period of Business Dealings” of NHPC Limited (Annex-A)three years, which may be further extended at the discretion of the EmployerBUYER. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(ss)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer Institute with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer Institute to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder/ Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Contractor shall be final and conclusive on the Bidder/ Contractor. However, the Bidder/ Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ question shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:required:- (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Performance Bond (after the contract is Signed) shall stand sta d forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (vii) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A), which may be further extended at the furth discretion of the Employer.. r extended at the (viii) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(ss)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (x) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 6.1 (i) to (x) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 5.1 Any breach of the aforesaid provisions, before award or during execution provisions by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:required:- (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (viiv) To debar the Bidder/ Bidder/Contractor from participating in future bidding processes of NHPC Limited Employer, as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A), which may be further extended at the discretion of the Employer. (viiivi) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(sBidder(s)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xviii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 5.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 5.1 (i) to (xviii) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruptioncorruption in Employer’s country. 6.3 5.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder / Contractor shall be final and conclusive on the Bidder/ Bidder / Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Integrity Pact

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions, before award or during execution by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf such as to put their reliability or credibility in question. ▇▇▇▇▇ shall entitle the Employer to take action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A Annexure to Integrity pact and initiate all or any one of the following actions, wherever required:: - (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the Bidder/ Bidder/Contractor. However, the proceedings with the other Bidder(s)/ Contractor(sBidder(s)/Contractor(s) would continue. (ii) The ▇▇▇▇▇▇▇ Money Deposit (in pre-contract stage) and/ or and/or Security Deposit/ Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/ Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/ cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/ Bidder/Contractor. (iv) Deleted. (v) To encash the Bank Guaranteeguarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract. (vi) Deleted. (vii) To debar the Bidder/ Contractor from participating in future bidding processes of NHPC Limited as per provisions of “Guidelines on Banning of Business Dealings” of NHPC Limited (Annex-A), which may be further extended at the discretion of the Employer. (viiiv) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s)/ Contractor(ss)/Contractor(s) to any middleman or agent or broker with a view to securing the contract. (ixvi) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/ opened/operated. (xvii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this anyreasonforimposingsanctionforviolation ofthis Pact. 6.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder/ Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/ Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/ Bidder/Contractor shall be final and conclusive on the Bidder/ Bidder/Contractor. However, the Bidder/ Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

Appears in 1 contract

Sources: Pre Contract Integrity Pact