Damage to Person or Property. Service Provider and its agents, contractors and employees entering upon MSPH’s premises will take all proper and sufficient precautions and safeguards against the occurrence of any accidents, injuries (including death) or damages to any person or property. No Assignment or Subcontracting: Service Provider will not assign this Agreement, in whole or in part, or any right or interest hereunder, or delegate any obligation to be performed or owed under this Agreement, without the prior written consent of MSPH. Any attempt to do so is void. Consent by MSPH to any assignment or subcontract of the Services will not be deemed to create a contractual relationship between MSPH and the subcontracting party or assignee, and Service Provider remains responsible for performance of the Services required by this Agreement. MSPH may assign or transfer any of its rights or obligations to an affiliate of MSPH and nothing in this Section will detract from MSPH’s ability to subcontract or delegate any of its rights or obligations to an affiliate of MSPH or to a qualified third party. No Third Party Beneficiary: Unless specifically set forth in this Agreement, this Agreement does not create any right or cause of action for any third party. Compliance with Law: Service Provider will perform the Services in accordance with all applicable laws, rules and regulations, including applicable equal opportunity and anti-discrimination law. Trade Control Law: Service Provider will comply with all applicable export controls, economic sanctions, import and export laws and regulations in performance of Services under this Agreement. Service Provider hereby acknowledges and confirms that neither Service Provider nor any of its suppliers (if applicable) (i) is included on, owned or controlled by an individual or entity included on, or acting on behalf of an individual or entity included on any of the restricted party lists maintained by the U.S. Government (e.g., Specially Designated Nationals List, Foreign Sanctions Evader List, Sectoral Sanctions Identification List, Denied Persons List, Unverified List, Entity List or List of Statutorily Debarred Parties) (collectively, “Restricted Parties”); or (ii) is located in, organized under the laws of, acting on behalf of, or owned or controlled by the government of or entities organized under the laws of countries or territories subject to U.S. economic sanctions (e.g., Crimea (region of Ukraine), Cuba, Iran, North Korea, the Republic of Sudan. or Syria). No party shall be required to take or refrain from taking any action inconsistent with or penalized under the anti-boycott law of the United States, including without limitation anti-boycott laws administered by the U.S. Commerce and Treasury Departments. Service Provider shall be required to obtain any export or import authorizations for supply of products hereunder (if applicable), to comply with any import or export formalities, and to pay any duties, taxes, or other fees with respect to the supply of products to MSPH. Anti-bribery Law: Service Provider will comply with all applicable anti-bribery law including the U.S. Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., which prohibits U.S. institutions and individuals, and their agents or contractors, from paying, offering to pay, or authorizing the payment of anything of value to any foreign government official, government staff member, political party, or political candidate, in an attempt to obtain or retain business or to otherwise influence a person working in an official capacity. Service Provider represents, warrants, and agrees that neither it nor any of its employees, directors, agents, or other persons acting on its behalf, have taken or will take any action related to or arising out of this Agreement that violates applicable anti-corruption laws of any country. Without limiting the foregoing, Service Provider agrees that neither it nor any employees, directors, agents, or other persons acting on its behalf have or will, in connection with this Agreement, directly or indirectly request, give, offer or promise to give, or authorize another party to give any money or anything of value to any person (whether or not such person is a government official) for the purpose of inducing such person to improperly take or improperly omit to take any action in order to secure a business advantage. Service Provider will execute and deliver the anti-corruption certificate set forth in Attachment 3, and upon MSPH’s request from time to time, Service Provider will cause its officers, directors, employees, agents, and representatives to execute and deliver the anti-corruption certificate set forth in Attachment 3.
Appears in 1 contract
Sources: Services Agreement
Damage to Person or Property. Service Provider and its agents, contractors and employees entering upon MSPHCIP’s premises will take all proper and sufficient precautions and safeguards against the occurrence of any accidents, injuries (including death) or damages to any person or property. No Assignment or Subcontracting: Service Provider will not assign this Agreement, in whole or in part, or any right or interest hereunder, or delegate any obligation to be performed or owed under this Agreement, without the prior written consent of MSPHCIP. Any attempt to do so is void. Consent by MSPH CIP to any assignment or subcontract of the Services will not be deemed to create a contractual relationship between MSPH CIP and the subcontracting party or assignee, and Service Provider remains responsible for performance of the Services required by this Agreement. MSPH CIP may assign or transfer any of its rights or obligations to an affiliate of MSPH CIP and nothing in this Section will detract from MSPHCIP’s ability to subcontract or delegate any of its rights or obligations to an affiliate of MSPH CIP or to a qualified third party. No Third Party Beneficiary: Unless specifically set forth in this Agreement, this Agreement does not create any right or cause of action for any third party. Compliance with Law: Service Provider will perform the Services in accordance with all applicable laws, rules and regulations, including applicable equal opportunity and anti-discrimination law. Trade Control Law: Service Provider will comply with all applicable export controls, economic sanctions, import and export laws and regulations in performance of Services under this Agreement. Service Provider hereby acknowledges and confirms that neither Service Provider nor any of its suppliers (if applicable) (i) is included on, owned or controlled by an individual or entity included on, or acting on behalf of an individual or entity included on any of the restricted party lists maintained by the U.S. Government (e.g., Specially Designated Nationals List, Foreign Sanctions Evader List, Sectoral Sanctions Identification List, Denied Persons List, Unverified List, Entity List or List of Statutorily Debarred Parties) (collectively, “Restricted Parties”); or (ii) is located in, organized under the laws of, acting on behalf of, or owned or controlled by the government of or entities organized under the laws of countries or territories subject to U.S. economic sanctions (e.g., Crimea (region of Ukraine), Cuba, Iran, North Korea, the Republic of Sudan. or Syria). No party shall be required to take or refrain from taking any action inconsistent with or penalized under the anti-boycott law of the United States, including without limitation anti-boycott laws administered by the U.S. Commerce and Treasury Departments. Service Provider shall be required to obtain any export or import authorizations for supply of products hereunder (if applicable), to comply with any import or export formalities, and to pay any duties, taxes, or other fees with respect to the supply of products to MSPHCIP. Anti-bribery Law: Service Provider will comply with all applicable anti-bribery law including the U.S. Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., which prohibits U.S. institutions and individuals, and their agents or contractors, from paying, offering to pay, or authorizing the payment of anything of value to any foreign government official, government staff member, political party, or political candidate, in an attempt to obtain or retain business or to otherwise influence a person working in an official capacity. Service Provider represents, warrants, and agrees that neither it nor any of its employees, directors, agents, or other persons acting on its behalf, have taken or will take any action related to or arising out of this Agreement that violates applicable anti-corruption laws of any country. Without limiting the foregoing, Service Provider agrees that neither it nor any employees, directors, agents, or other persons acting on its behalf have or will, in connection with this Agreement, directly or indirectly request, give, offer or promise to give, or authorize another party to give any money or anything of value to any person (whether or not such person is a government official) for the purpose of inducing such person to improperly take or improperly omit to take any action in order to secure a business advantage. Service Provider will execute and deliver the anti-corruption certificate set forth in Attachment 3, and upon MSPHCIP’s request from time to time, Service Provider will cause its officers, directors, employees, agents, and representatives to execute and deliver the anti-corruption certificate set forth in Attachment 3.
Appears in 1 contract
Sources: Services Agreement