Governance and Anticorruption 14. The Borrower, the Project Executing Agency, and the implementing agencies shall (a) comply with ADB’s Anticorruption Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt, fraudulent, collusive or coercive practice relating to the Project; and
Fraud and Corruption We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf engages in any type of Fraud and Corruption.
PREVENTION OF BRIBERY AND CORRUPTION 9.1 The Supplier shall not:
Anti-Bribery and Corruption 13.1 Each party will and will procure that persons associated with them:
GOVERNANCE AND REPORTING Measure 3a Is the school complying with governance requirements? Meets Standard: The school materially complies with applicable laws, rules, regulations and provisions of the charter contract relating to governance by its board, including but not limited to: • Governing board composition and membership requirements pursuant to Ch. 302D, HRS • Governing board policies • Governing board reporting requirements • Procurement policies • State Ethics Code (Ch. 84, HRS), including conflict of interest policy Measure 3b Is the school holding management accountable? Meets Standard: The school materially complies with applicable laws, rules, regulations and provisions of the charter contract relating to oversight of school management, including but not limited to: • (For Education Service Providers [ESPs]) maintaining authority over management, holding it accountable for performance as agreed under a written performance agreement and requiring annual financial reports of the ESP • (For Others) oversight of management that includes holding it accountable for performance expectations that may or may not be agreed to under a written performance agreement Measure 3c Is the school complying with data and reporting requirements? Meets Standard: The school materially complies with applicable laws, rules, regulations and provisions of the charter contract relating to relevant reporting requirements to the State Public Charter School Commission, State Department of Education as the State Education Agency (SEA) and sole Local Education Agency (LEA) and/or federal authorities, including but not limited to: • Compliance with minimum educational data reporting standards established by the BOE • Maintaining and reporting accurate enrollment and attendance data • Maintaining and reporting accurate personnel data • Annual reporting and immediate notice requirements • Additional information requested by the State Public Charter School Commission
Anticorruption The activities of the parties must and each of the parties assumes the obligation to respect and fully comply with any and all applicable laws regarding anticorruption, including but not limited to the United States Foreign Corrupt Practices Act (15 U.S.C. Section 78dd-1 et seq., as amended). The parties acknowledge and agree that, regarding all the activities they engage in under this Order, the parties, as well as their agents, representatives, employees, administrators, partners, managers, officers, lawyers and any other person that engages in activities under their representation, shall not engage in and shall refrain from any illegal or prohibited conduct or activity by the anti-corruption laws, including but not limited to: (a) making offers, promises of delivery, or deliveries of any object of value to any public official (as defined by the corresponding applicable anti- corruption law) or political party with the purpose of obtaining or maintaining a deal, obtaining an improper advantage, or influencing any act or decision of a public official, that causes or could cause violations of the provisions of the anti- corruption laws; and/or (b) executing any bribe, incorrect payment, corruption payment or any illicit payment, to any public official or political party with the purpose of obtaining or maintaining a deal, obtaining an improper advantage, or influencing any act or decision of a public official, that causes or could cause violations of the provisions of the anti- corruption laws. The parties agree that the Buyer shall have the right to carry out all the actions necessary to verify the compliance of Seller with the provisions of this section and the corresponding applicable anti-corruption laws. SELLER AGREES TO HOLD HARMLESS AND FULLY INDEMNIFY BUYER FROM ANY AND ALL LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES) THAT MAY BE INSTITUTED OR FILED AGAINST BUYER BY ANY GOVERNMENTAL AUTHORITY, AGENT, REPRESENTATIVE, EMPLOYEE, ADMINISTRATOR, PARTNER, MANAGER, OFFICER, LAWYER OR ANY OTHER PERSON THAT ENGAGES IN ACTIVITIES UNDER THE REPRESENTATION OF THE PARTIES OR ANY OTHER THIRD PARTY BASED ON AN ALLEGATION OF ANY BREACH BY SELLER TO ITS OBLIGATIONS CONTAINED IN THIS CLAUSE OR ANY OF THE APPLICABLE ANTI-CORRUPTION LAWS.
Governance (a) The HSP represents, warrants and covenants that it has established, and will maintain for the period during which this Agreement is in effect, policies and procedures:
BRIBERY AND CORRUPTION We have no tolerance for bribery and corruption and this policy extends throughout the company for all its dealings and transactions in all countries in which we operate. Our anti bribery policy is updated in line with the changes in law, changes in our business and our reputational demands. All employees are required to comply with this policy. Both parties agree to comply fully with the requirements of the Bribery Act 2010, and will not engage in any of the following activity: • promising or giving of an advantage, financial or otherwise, to another person to bring about an improper performance or to reward such improper performance • requesting, agreeing to receive, or accepting of an advantage, financial or otherwise to act improperly • bribe a foreign public official to do or reward them for doing, something improper Additionally, where applicable, a firm will prevent bribery being committed on its behalf by its employees and third parties.
Prevention of Fraud and Corruption 18.1 The Supplier shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement.
Ethics No officer, agent or employee of the Board is or shall be employed by Provider or has or shall have a financial interest, directly or indirectly, in this Agreement or the compensation to be paid hereunder except as may be permitted in writing by the Board’s Code of Ethics, adopted May 25, 2011 (11-0525-PO2), as amended from time to time, which policy is hereby incorporated by reference into and made part of this Agreement as if fully set forth herein.
