Common use of Sanctions for Violations Clause in Contracts

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions by the Bidder or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder) shall entitle the Buyer to take 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. However, the proceedings with the other Bidder(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 Buyer and the Buyer shall not be required to assign any reason therefore. III. To immediately cancel the contract, if already signed, without giving any compensation to the Bidder. IV. To recover all sums already paid by the Buyer, and in case of an Indian Bidder with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. V. To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by the Bidder, in order to recover the payments, already made by the Buyer, along with interest. VI. To cancel all or any other Contracts with the Bidder. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. VII. To debar the BIDDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the Buyer. VIII. To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(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 Buyer with the Bidder, the same shall not be opened. X. Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The BUYER 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 or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), 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 Buyer to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder shall be final and conclusive on the Bidder. However, the Bidder can approach the independent monitor(s) appointed for the purposes of this Pact.

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions by the Bidder BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderBIDDER) shall entitle the Buyer BUYER to take all or any one of the following actions, actions wherever required:-required. I. i) To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to the BidderBIDDER. However, the proceedings with the other Bidder(sBIDDER(s) would continue. II. ii) The ▇▇▇▇▇▇▇ Money deposit 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, partially as decided by the Buyer BUYER and the Buyer BUYER shall not be required to assign any reason therefore. III. iii) To immediately cancel the contract, contract if already signed, without giving any compensation to the BidderBIDDER. IV. iv) To recover all sums already paid by the Buyer, BUYER and in case of an Indian Bidder BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. V. v) To encash the advance bank guarantee and performance bond/ bond / warranty bond, if furnished by the BidderBIDDER, in order to recover the payments, already made by the Buyer, BUYER along with interest. VI. vi) To cancel all or any other Contracts contracts with the BidderBIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/cancellation / rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. VII. vii) To debar the BIDDER from participating in future bidding processes of the Government of India SPMCIL for a minimum period of five 5 years, which may be further extended at the discretion of the BuyerBUYER. VIII. viii) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(sBIDDER(s) to any middleman middlemen or agent or broker with a view to securing the contract. IX. ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Buyer BUYER with the BidderBIDDER, the same shall not be opened. X. x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The BUYER 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 or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), ) of an offence as defined in Chapter IX of the Indian Penal codeCode, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Buyer BUYER to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder BIDDER shall be final and conclusive on the BidderBIDDER. However, the Bidder BIDDER can approach the independent monitor(sMonitor (s) appointed for the purposes of this Pact.

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions by the Bidder BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderBIDDER) shall entitle the Buyer BUYER to take all or any one of the following actions, actions wherever required:-required. I. i) To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to the BidderBIDDER. However, the proceedings with the other Bidder(sBIDDER(S) would continue. II. ii) The ▇▇▇▇▇▇▇ Money deposit 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, partially as decided by the Buyer BUYER and the Buyer BUYER shall not be required to assign any reason therefore. III. iii) To immediately cancel the contract, contract if already signed, without giving any compensation to the BidderBIDDER. IV. iv) To recover all sums already paid by the Buyer, BUYER and in case of an Indian Bidder BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. V. v) To encash the advance bank guarantee and performance bond/ bond/warranty bond, if furnished by the BidderBIDDER, in order to recover the payments, already made by the Buyer, BUYER along with interest. VI. vi) To cancel all or any other Contracts contracts with the BidderBIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. VII. vii) To debar the BIDDER from participating in future bidding processes of the Government of India SPMCIL for a minimum period of five 5 years, which may be further extended at the discretion of the BuyerBUYER. VIII. viii) To recover all sums paid in violation of this the Pact by ▇▇▇▇▇▇(sBIDDER(s) to any middleman middlemen or agent or broker with a view to securing the contract. IX. ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Buyer BUYER with the BidderBIDDER, the same shall not be opened. X. x) Forfeiture of Performance performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The BUYER 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 or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), ) of an offence as defined in Chapter IX of the Indian Penal codeCode, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Buyer BUYER to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder BIDDER shall be final and conclusive on the BidderBIDDER. However, the Bidder BIDDER can approach the independent monitor(sMonitor(s) appointed for the purposes of this Pact.

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions by the Bidder BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderBIDDER) shall entitle the Buyer BUYER to take all or any one of the following actions, actions wherever required:-required. I. i) To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to the BidderBIDDER. However, the proceedings with the other Bidder(sBIDDER(s) would continue. II. ii) The ▇▇▇▇▇▇▇ Money deposit 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, partially as decided by the Buyer BUYER and the Buyer BUYER shall not be required to assign any reason therefore. III. iii) To immediately cancel the contract, contract if already signed, without giving any compensation to the BidderBIDDER. IV. iv) To recover all sums already paid by the Buyer, BUYER and in case of an Indian Bidder BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. V. v) To encash the advance bank guarantee and performance bond/ bond / warranty bond, if furnished by the BidderBIDDER, in order to recover the payments, already made by the Buyer, BUYER along with interest. VI. vi) To cancel all or any other Contracts contracts with the BidderBIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/cancellation / rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. VII. vii) To debar the BIDDER from participating in future bidding processes of the Government of India SPMCIL for a minimum period of five 5 years, which may be further extended at the discretion of the BuyerBUYER. VIII. viii) To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(s) to any middleman middlemen or agent or broker with a view to securing the contract. IX. ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Buyer BUYER with the BidderBIDDER, the same shall not be opened. X. x) Forfeiture of Performance Bond ▇▇▇▇ in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The BUYER 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 or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), ) of an offence as defined in Chapter IX of the Indian Penal codeCode, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Buyer BUYER to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder BIDDER shall be final and conclusive on the BidderBIDDER. However, the Bidder BIDDER can approach the independent monitor(sMonitor (s) appointed for the purposes of this Pact.

Sanctions for Violations. 6.1 10.1 Any breach of the aforesaid provisions by the Bidder bidder or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidderbidder) shall entitle the Buyer Bank to take all or any one of the following actions, wherever required:-whenever required: I. (i) To immediately call off the pre-pre contract negotiations without assigning any reason or giving any compensation to the Bidderbidder. However, However the proceedings with the other Bidder(sbidder(S) would continue. II. (ii) The ▇▇▇▇▇▇▇ Money deposit Deposit (in preper-contract stage) and/or and / or Security DepositDeposit /Performance Bond/Performance Bond PBG (after the contract is signed) shall stand forfeited either fully or partially, as decided by the Buyer Bank and the Buyer Bank shall not be required to assign any reason thereforetherefor. III. (iii) To immediately cancel the contract, if already signed, without giving any compensation to the Bidderbidder. IV. (iv) To recover all sums already paid by the BuyerBank, and in case of an Indian Bidder bidder with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder bidder from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER bidder from the BUYER Bank in connection with any other contract for any other storescontract, such outstanding payment could also be utilized and appropriated by the Bank to recover the aforesaid sum and interest. V. (v) To encash the advance bank guarantee and performance bond/ bond/warranty bond, if furnished by the Bidderbidder, in order to recover the payments, payments already made by the BuyerBank, along with interest. VI. (vi) To cancel all or any other Contracts contracts with the Bidderbidder. The BIDDER bidder shall be liable to pay compensation for any loss or damage to the BUYER Bank resulting from such cancellation/rescission cancellation /rescission and the BUYER Bank shall be entitled to deduct the amount so payable from the money(s) due to the BIDDERbidder. VII. (vii) To debar the BIDDER bidder from participating in future bidding processes process of the Government of India Bank for a minimum period of five years, year which may be further extended at the discretion of the BuyerBank. VIII. (viii) To recover all sums paid in violation of this Integrity Pact by ▇▇▇▇▇▇(sbidder(S) to any middleman or agent or broker with a view to securing the contract. IX. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Buyer Bank with the Bidderbidder, the same shall not be opened. X. (x) Forfeiture of Performance Bond Bond/PBG in case of a decision by the BUYER Bank to forfeit the same without assigning any reason for imposing sanction for violation of this Integrity Pact. 6.2 10.2 The BUYER Bank will be entitled to take all or any of the actions mentioned at para 6.1 (i10.1(i) to (x) of this Integrity Pact also on the Commission by the BIDDER bidder or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDERbidder), of an offence as defined in Chapter IX of the Indian Penal codeCode, 1860 or Prevention of or Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 10.3 The decision of the Buyer Bank to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder bidder shall be final and conclusive on the Bidderbidder. However, However the Bidder bidder can approach the independent monitor(sIndependent Monitor(s) appointed for the purposes of this Integrity Pact.

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions by the Bidder BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderBIDDER) shall entitle the Buyer BUYER to take all or any one of the following actionsaction, wherever required:- I. i. To immediately call off the pre-pre contract negotiations without assigning any reason or giving any compensation to the BidderBIDDER. However, the proceedings with the other Bidder(sBIDDER(s) would continue. IIii. The ▇▇▇▇▇▇▇ Money deposit Deposit (in pre-contract stage) and/or Security Deposit/Deposit/ Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the Buyer BUYER and the Buyer BUYER shall not be required to assign any reason therefore. IIIiii. To immediately cancel the contract, if already signed, without giving any compensation to the BidderBIDDER. IViv. To recover all sums already paid by the BuyerBUYER, and in case of an Indian Bidder BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized utilised to recover the aforesaid sum and interest. V. v. To encash the advance bank guarantee and performance bond/ bond/warranty bond, if furnished by the BidderBIDDER, in order to recover the paymentspayment, already made by the BuyerBUYER, along with interest. VIvi. To cancel all or any other Contracts with the BidderBIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/cancellation/ rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. VIIvii. To debar the BIDDER BIDER from participating in future bidding processes of o the Government of India for a minimum period of five years, which may be further extended at the discretion of the BuyerBUYER. VIIIviii. To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(sBIDDER(s) to any middleman or agent or broker with a view to securing the contract. IXix. In cases where irrevocable Letters Letter of Credit have been received in respect of any contract signed by the Buyer BUYER with the BidderBIDDER, the same shall not be opened. X. x. Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this the Pact. 6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i6.1(i) to (x) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian India Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the Buyer BUYER to the effect that a breach of the provisions of this Integrity Pact has been committed omitted by the Bidder BIDDER shall be final and conclusive on the BidderBIDDER. However, the Bidder BIDDER can approach the independent monitor(sIndependent Monitor(s) appointed for the purposes of this Pact.

Sanctions for Violations. 6.1 Any breach of the aforesaid provisions by the Bidder TENDERER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BidderTENDERER) shall entitle the Buyer BUYER to take all or any one of the following actions, wherever required:- I. required: - i. To immediately call off the pre-pre contract negotiations without assigning any reason or giving any compensation to the BidderTENDERER. However, the proceedings with the other Bidder(sTENDERER(s) would continue. II. ii. iii. iv. v. vi. vii. viii. ix. x. xi. The ▇▇▇▇▇▇▇ Money deposit TENDERER will be disqualified from bidding for any contract with the BUYER for a period of Three years from the date of disqualification (in pre-contract stage) and/or without prejudice to DoP’s rights to claim damages or any other legal recourse). Performance Security Deposit/Performance Bond Deposit (after the contract is signed) shall stand forfeited either fully or partially, as decided by the Buyer BUYER and the Buyer BUYER shall not be required to assign any reason therefore. IIIthereof. To immediately cancel the contract, if already signed, without giving any compensation to the Bidder. IVTENDERER. To recover all sums already paid by the Buyer, and in case of an Indian Bidder with BUYER interest thereon at 2% higher than that the prevailing Prime Lending Rate of State Bank of India, while in case of a Bidder from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER TENDERER from the BUYER in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. V. . To encash the advance bank guarantee and performance bond/ security deposit/warranty bond, if furnished by the BidderTENDERER, in order to recover the payments, already made by the Buyer, BUYER along with interest. VI. To cancel all or any other Contracts with the BidderTENDERER. The BIDDER TENDERER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. VIITENDERER. To debar the BIDDER TENDERER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the Buyer. VIIIBUYER. To recover all sums paid in violation of this Pact by ▇▇▇▇▇▇(sTENDERER(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 Buyer BUYER with the BidderTENDERER, the same shall not be opened. X. . Forfeiture of Performance Bond Security deposit in case of a decision by the BUYER to for forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1 (i6.1(i) to (x) of this Pact also on the Commission by the BIDDER TENDERER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDERTENDERER), 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 Buyer BUYER to the effect that a breach of the provisions of this Integrity Pact has been committed by the Bidder TENDERER shall be final and conclusive on the Bidder. However, the Bidder can approach the independent monitor(s) appointed for the purposes of this PactTENDERER.