Common use of Independent External Monitors Clause in Contracts

Independent External Monitors. 7.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 6 contracts

Sources: Integrity Pact, Integrity Pact, Integrity Pact

Independent External Monitors. 7.1 9.1. The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 9.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 9.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the commission, in case of suspicion of serious irregularities. 7.5 9.5. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. 9.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentationfor which the RFP/Tender is being 9.7. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when requiredmeetings. 7.8 9.8. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 5 contracts

Sources: Pre Contract Integrity Pact, Pre Contract Integrity Pact, Pre Contract Integrity Pact

Independent External Monitors. 7.1 The Employer BUYER has appointed Independent External Monitors Monitor(s) (hereinafter referred to as monitorsMonitors) for this Pact in consultation with the Central Vigilance CommissionPact. 7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC Director of the Buyer and request NHPC Limited Buyer to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBidder(s)/Seller(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer Buyer including that provided by the Bidder/ ContractorBidder/Seller. The Bidder/ Contractor Bidder/Seller will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer Buyer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMD, NHPC Limited Director of BUYER within 8 to 10 weeks days from the date of reference or intimation to him by the Employer/ Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 3 contracts

Sources: Integrity Pact, Integrity Pact, Integrity Pact

Independent External Monitors. 7.1 a. The Employer has Buyer/ Ownerhas appointed Independent External Monitors (hereinafter referred to as monitorsMonitor(s) for this Integrity Pact in consultation with after approval by the Central Vigilance Commission. 7.2 . The task of the Monitors shall be Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactagreement. 7.3 b. For ensuring the desired transparency and objectivity in dealing with the complaints arising out of any tendering process or during execution of contract, the matter should be examined by the full panel of IEMs jointly, who would look into the records, conduct an investigation, and submit their joint recommendations to the Management. c. The Monitors shall IEM is not be subject to instructions by the representatives of the parties and perform their performs his/ her functions neutrally and independently. The IEM would be provided access to all documents/ records pertaining to the contract for which a complaint or issue is raised before them, as and when warranted. However, the documents/ records/ information having national Security Implications and those documents which have been classified as Secret/ Top Secret are not to be disclosed. He/ she reports to the Director, CMTI. 7.4 Both d. If any complaint with regard to violation of the parties accept IP is received by the Buyer/ Owner in a procurement case, the Buyer/ Owner shall refer the complaint to the Independent External Monitor(s) for their report. Contact details of IEMs are given in the bid/ tender documents as well as in the website of CMTI ▇▇▇▇▇://▇▇▇▇.▇▇▇.▇▇ e. The Bidder(s)/Contractor(s) accepts that the Monitors have IEM has the right to access without restriction to all Project documentation of the Buyer/ Owner includingthat provided by the Contractor. The Contractor will also grant the IEM, upon his/her request and demonstration of a valid interest, unrestricted and unconditional access to their project documentation. The same is applicable to Sub-contractors. f. The IEM is under contractual obligation to treat the information and documents relating of the Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The IEM has also signed declarations on 'Non-Disclosure of Confidential Information' and of 'Absence of Conflict of Interest'. In case of any conflict of interest arising ell a later date, the IEM shall inform Director, CMTI and recuse himself / herself from that case. g. The Buyer/ Owner will provide to the project/ procurement, including minutes of meetings. The right to access records should only be limited to IEM sufficient information about all meetings among the extent absolutely necessary to investigate the issue parties related to the subject tender/ contractProject provided such meetings could have an impact on the contractual relations between the Buyer/ Owner and the Contractor. The parties offer to the IEM the option to participate in such meetings. 7.5 h. As soon as the Monitor IEM notices, or has reason believes to believenotice, a violation of this Pactagreement, he he/she will so inform CMD, NHPC the Management of the Buyer/ Owner and request NHPC Limited the Management to discontinue or take corrective action, or to take other relevant action. The Monitor IEM can in this regard submit non-binding recommendations. Beyond this this, the Monitor IEM has no right to demand from the parties that they act in a specific manner, refrain retrain from action or tolerate action. 7.6 i. The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMDDirector, NHPC Limited CMTI, within 8 to 10 4 weeks from the date of reference or intimation to him by the Employer/ Bidder and Buyer/ Owner and, should the occasion arise, submit proposals for correcting problematic situations j. If the IEM has reported to the Director, CMTI, a substantiated suspicion of an offence under relevant IPC/ PC Act, and the Director, CMTI has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the IEM may also transmit this information directly to the Central Vigilance Commissioner. 7.9 k. The word 'Monitor' would include both singular and plural.

Appears in 2 contracts

Sources: Integrity Pact, Integrity Pact

Independent External Monitors. 7.1 a. The Employer Buyer/ Owner has appointed Independent External Monitors (hereinafter referred to as monitorsMonitor(s) for this Integrity Pact in consultation with after approval by the Central Vigilance Commission. 7.2 . The task of the Monitors shall be Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactagreement. 7.3 b. For ensuring the desired transparency and objectivity in dealing with the complaints arising out of any tendering process or during execution of contract, the matter should be examined by the full panel of IEMs jointly, who would look into the records, conduct an investigation, and submit their joint recommendations to the Management. c. The Monitors shall IEM is not be subject to instructions by the representatives of the parties and perform their performs his/ her functions neutrally and independently. The IEM would be provided access to all documents/ records pertaining to the contract for which a complaint or issue is raised before them, as and when warranted. However, the documents/ records/ information having national Security Implications and those documents which have been classified as Secret/ Top Secret are not to be disclosed. He/ she reports to the Director, CMTI. 7.4 Both d. If any complaint with regard to violation of the parties accept that IP is received by the Monitors have Buyer/ Owner in a procurement case, the right to access all Buyer/ Owner shall refer the documents relating complaint to the project/ procurement, including minutes Independent External Monitor(s) for their report. Contact details of meetings. IEMs are given in the bid/ tender documents as well as in the website of CMTI ▇▇▇▇▇://▇▇▇▇.▇▇▇.▇▇ e. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor IEM has the right to access without restriction, restriction to all Project documentation of the Employer Buyer/ Owner including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the MonitorIEM, upon his his/ her request and demonstration of a valid interest, unrestricted and unconditional access to his their project documentation. The same is applicable to Sub- contractor(s). Sub-contractors. f. The Monitor shall be IEM is under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The monitor IEM has also signed declaration declarations on 'Non- Non-Disclosure Agreementof Confidential Information' and of 'Absence of conflict Conflict of interestInterest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMDDirector, NHPC CMTI and recuse himself/ himself / herself from that case. 7.7 g. The Employer Buyer/ Owner will provide to the Monitor IEM sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact on the contractual relations between the partiesBuyer/ Owner and the Contractor. The parties will offer to the Monitor IEM the option to participate in such meetings as and when requiredmeetings. 7.8 h. As soon as the IEM notices, or believes to notice, a violation of this agreement, he/she will so inform the Management of the Buyer/ Owner and request the Management to discontinue or take corrective action, or to take other relevant action. The Monitor IEM can in this regard submit non-binding recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a specific manner, retrain from action or tolerate action. i. The IEM will submit a written report to the CMDDirector, NHPC Limited CMTI, within 8 to 10 4 weeks from the date of reference or intimation to him by the Employer/ Bidder and Buyer/ Owner and, should the occasion arise, submit proposals for correcting problematic situations j. If the IEM has reported to the Director, CMTI, a substantiated suspicion of an offence under relevant IPC/ PC Act, and the Director, CMTI has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the IEM may also transmit this information directly to the Central Vigilance Commissioner. 7.9 k. The word 'Monitor' would include both singular and plural.

Appears in 2 contracts

Sources: Integrity Pact, Integrity Pact

Independent External Monitors. 7.1 8.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMDMD/CED, NHPC NHDC and request NHPC Limited NHDC Ltd. to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations, these recommendations would be in the nature of advice would not be legally binding. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 8.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 8.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 8.8 The Monitor will submit a written report to the CMDMD/CED, NHPC Limited NHDC Ltd., within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 8.9 The word "Monitor’ would include both singular and plural.

Appears in 2 contracts

Sources: Integrity Pact, Integrity Pact

Independent External Monitors. 7.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation with after approval by the Central Vigilance Commission. 7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. The Monitors report to CMD, NHPC. 7.4 Both the parties accept that the Monitors have the right to access all the Contract documents relating to the project/ project/procurement, including minutes of meetings, whenever required. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he he/ she will so inform CMD, NHPC and request NHPC Limited Ltd. to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his his/ her request and demonstration of a valid interest, unrestricted and unconditional access to his their project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor Monitor has also signed declaration on 'Non- ‘Non-Disclosure Agreement' and of 'Absence of conflict Conflict of interest'Interest’. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMD, NHPC Limited Ltd. within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder Employer/▇▇▇▇▇▇ and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 2 contracts

Sources: Integrity Pact, Integrity Pact

Independent External Monitors. 7.1 8.1 The Employer has appointed Principal appoints competent and credible Independent External Monitors (hereinafter referred to as monitors) Monitor for this Pact in consultation with the Central Vigilance Commission. 7.2 Pact. The task of the Monitors shall be Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactagreement. 7.3 8.2 The Monitors shall Monitor is not be subject to instructions by the representatives of the parties and perform their performs his functions neutrally and independently. He reports to the CMD, BHEL. 7.4 Both the parties accept 8.3 The Bidder(s) accepts that the Monitors have Monitor has the right to access without restriction to all Contract documentation of the Principal including that provided by the Bidder(s) will grant the monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his contract documentation. The same is applicable to Sub- Bidder(s). The Monitor is under Contractual obligation to treat the information and documents relating of the Bidder(s)/ / Sub- Bidder(s) with confidentiality, 8.4 The Principal will provide to the project/ procurement, including minutes of meetings. The right to access records should only be limited to Monitor sufficient information about all meetings among the extent absolutely necessary to investigate the issue parties related to the subject tender/ contractcontract provided such meetings could have an impact on the contractual relations between the Principal and the Bidder. The parties offer to the Monitor the option to participate in such meetings. 7.5 8.5 As soon as the Monitor notices, or has reason believes to believenotice, a violation of this Pactagreement, he will so inform CMD, NHPC the Management of the Principal and request NHPC Limited the Management to discontinue or take corrective action, or heal the situation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 8.6 The Monitor will submit a written report to the CMD, NHPC Limited . BHFL within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and Principal and, should the occasion arise, submit proposals for correcting problematic situations. 7.9 8.7 The CMD, BHEL shall decide the compensation to be paid to the Monitor and its terms and conditions. 8.8 If the Monitor has reported to the CMD, BHEL, a substantiated suspicion of an offence under relevant IPC / PC Act, and the CMD, BHEL has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. 8.9 The number of Independent External Monitor(s) shall be decided by the CMD, BHEL. 8.10 The word 'Monitor' would include both singular and plural.

Appears in 1 contract

Sources: Framework Agreement

Independent External Monitors. 7.1 8.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 8.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC and request NHPC Limited Ltd. to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 8.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 8.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 8.8 The Monitor will submit a written report to the CMD, NHPC Limited Ltd., within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 8.9 The word ‘Monitor’ „Monitor‟ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 9.1. The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 9.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 9.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the commission, in case of suspicion of serious irregularities. 7.5 9.5. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. 9.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER. The Bidder/ Contractor BIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentationfor which the RFP/Tender is being /has been submitted by BIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER. The same is applicable to Sub- contractor(s)Subcontractors. The Monitor Monitors shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBIDDER/Subcontractors ( ) with confidentiality. 9.7. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when requiredmeetings. 7.8 9.8. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/ BIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact

Independent External Monitors. 7.1 9.1 The Employer BUYER has appointed Independent External Monitors (Monitors” [hereinafter referred to as monitors) Monitors] for this Pact in consultation with the Central Vigilance Commission.. They are, 7.2 9.2 The task of the Monitors shall be to review independently and & objectively, whether and & to what extent the parties comply with the obligations obligation under this Pact. 7.3 9.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4 Both the parties accept that the Monitors have the right to access all the documents document relating to the project/ project/procurement, including minutes of meetings. The right same is applicable to access records should only be limited Subcontractors of the Bidder. The Monitor is under contractual obligation to treat the extent absolutely necessary to investigate information and documents of the issue related to the subject tender/ contractBidder(s)/Contractor(s) /Subcontractor(s) with confidentiality. 7.5 9.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC the Authority designated by the BUYER and request NHPC Limited the Management to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-non - binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 9.6 The Bidder(s)/ Contractor(s) BIDDER accepts that the Monitor has the right to access without restriction, restriction to all Project documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER. The Bidder/ Contractor BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his his, project documentation. The same is applicable to Sub- contractor(s). The Monitor Subcontractors also which the BIDDER shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that casenote. 7.7 9.7 The Employer BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when requiredmeetings. 7.8 9.8 The Monitor will submit a written report to the CMD, NHPC Limited designated Authority of BUYER within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and BUYER/BIDDER and, should the occasion arise, submit proposals for correcting problematic situations. 7.9 9.9 If the Monitor has reported to The designated Authority of BUYER, a substantiated suspicion of an offence under Indian Penal Code/Prevention of Corruption Act as the case may be, and the designated Authority of BUYER has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. 9.10 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact

Independent External Monitors. 7.1 The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 . The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 . The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 . Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contract. 7.5 CVO and the commission, in case of suspicion of serious irregularities. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentationfor which the RFP/Tender is being /has been submitted by BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The same is applicable to Sub- contractor(s)Subcontractors. The Monitor Monitors shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBIDDER/Subcontractors( ) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when required. 7.8 meetings. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact

Independent External Monitors. 7.1 6.1 The Employer has appointed Independent External Monitors Monitor(s) (hereinafter referred to as monitorsMonitors) for this Pact in consultation with the Central Vigilance CommissionPact. 7.2 6.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 6.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 6.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC /CEO/MD of Employer and request NHPC Limited Employer to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 6.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 6.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 6.8 The Monitor will submit a written report to the CMD, NHPC Limited /CEO/MD of Employer within 8 to 10 weeks days from the date of reference or intimation to him by the Employer/ Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 6.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 8.1 The Employer Principal/Owner has appointed Independent External Monitors (hereinafter referred to as monitorsIEMs) for this Pact in consultation with the Central Vigilance CommissionCommission whose names and email IDs have been given in the NIT. 7.2 8.2 The task of the Monitors IEMs shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactpact. 7.3 8.3 The Monitors IEMs shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 8.4 Both the parties parities accept that the Monitors IEMs have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 8.5 As soon as the Monitor IEMs notices, or has reason have reasons to believe, believe a violation of this Pact, he will they shall so inform CMDto Chairman, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate actionNDMC. 7.6 8.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has IEMs have the right to access without restriction, restriction to all Project documentation of the Employer Principal/Owner including that provided by the Bidder/ ContractorBidder(s)/Contractor(s). The Bidder/ Contractor Bidder(s)/Contractor(s) will also grant the MonitorIEMs, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s)subcontractors. The Monitor IEMs shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 8.7 The Employer Principal/Owner will provide to the Monitor IEMs sufficient information about all meetings among the parties related to the project Project provided such meetings meeting could have an impact on the contractual relations between the parties. The parties will offer to the Monitor IEMs the option to participate in such meetings as and when required.meetings 7.8 8.8 The Monitor IEMs will submit a written report to the CMDChairman, NHPC Limited NDMC within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and Principal/Owner/ Bidder(s)/Contractor(s) and, should the occasion arise, submit proposals for correcting problematic situationssituation. However an opportunity of hearing shall be provided by the IEMs to the buyers /bidders before submitting their written report. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 a. The Employer has Buyer/ Ownerhas appointed Independent External Monitors (hereinafter referred to as monitorsMonitor(s) for this Integrity Pact in consultation with after approval by the Central Vigilance Commission. 7.2 . The task of the Monitors shall be Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactagreement. 7.3 b. For ensuring the desired transparency and objectivity in dealing with the complaints arising out of any tendering process or during execution of contract, the matter should be examined by the full panel of IEMs jointly, who would look into the records, conduct an investigation, and submit their joint recommendations to the Management. c. The Monitors shall IEM is not be subject to instructions by the representatives of the parties and perform their performs his/ her functions neutrally and independently. The IEM would be provided access to all documents/ records pertaining to the contract for which a complaint or issue is raised before them, as and when warranted. However, the documents/ records/ information having national Security Implications and those documents which have been classified as Secret/ Top Secret are not to be disclosed. He/ she reports to the Director, CMTI. 7.4 Both d. If any complaint with regard to violation of the parties accept that IP is received by the Monitors have Buyer/ Owner in a procurement case, the right to access all Buyer/ Owner shall refer the documents relating complaint to the project/ procurement, including minutes Independent External Monitor(s) for their report. Contact details of meetings. IEMs are given in the bid/ tender documents as well as in the website of CMTI ▇▇▇▇▇://▇▇▇▇.▇▇▇.▇▇ e. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor IEM has the right to access without restriction, restriction to all Project documentation of the Employer including that Buyer/ Owner includingthat provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the MonitorIEM, upon his his/her request and demonstration of a valid interest, unrestricted and unconditional access to his their project documentation. The same is applicable to Sub- contractor(s). Sub-contractors. f. The Monitor shall be IEM is under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Bidder(s)/ Contractor(s)/ Sub-contractor(s) with confidentiality. The monitor IEM has also signed declaration declarations on 'Non- Non-Disclosure Agreementof Confidential Information' and of 'Absence of conflict Conflict of interestInterest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMDDirector, NHPC CMTI and recuse himself/ recusehimself / herself from that case. 7.7 g. The Employer Buyer/ Owner will provide to the Monitor IEM sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact on the contractual relations between the partiesBuyer/ Owner and the Contractor. The parties will offer to the Monitor IEM the option to participate in such meetings as and when requiredmeetings. 7.8 h. As soon as the IEM notices, or believes to notice, a violation of this agreement, he/she will so inform the Management of the Buyer/ Owner and request the Management to discontinue or take corrective action, or to take other relevant action. The Monitor IEM can in this regard submit non-binding recommendations. Beyond this, the IEM has no right to demand from the parties that they act in a specific manner, retrain from action or tolerate action. i. The IEM will submit a written report to the CMDDirector, NHPC Limited CMTI, within 8 to 10 4 weeks from the date of reference or intimation to him by the Employer/ Bidder and Buyer/ Owner and, should the occasion arise, submit proposals for correcting problematic situations j. If the IEM has reported to the Director, CMTI, a substantiated suspicion of an offence under relevant IPC/ PC Act, and the Director, CMTI has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the IEM may also transmit this information directly to the Central Vigilance Commissioner. 7.9 k. The word 'Monitor' would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 8.1 The Employer Principal/Owner has appointed Independent External Monitors (hereinafter referred to as monitorsIEMs) for this Pact in consultation with the Central Vigilance CommissionCommission whose names and email IDs have been given in the NIT. 7.2 8.2 The task of the Monitors IEMs shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactpact. 7.3 8.3 The Monitors IEMs shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 8.4 Both the parties parities accept that the Monitors IEMs have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 8.5 As soon as the Monitor IEMs notices, or has reason have reasons to believe, believe a violation of this Pact, he will they shall so inform CMDto Chairman, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate actionNDMC. 7.6 8.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has IEMs have the right to access without restriction, restriction to all Project documentation of the Employer Principal/Owner including that provided by the Bidder/ ContractorBidder(s)/Contractor(s). The Bidder/ Contractor Bidder(s)/Contractor(s) will also grant the MonitorIEMs, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s)subcontractors. The Monitor IEMs shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder(s)/ Contractor(s)/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 8.7 The Employer Principal/Owner will provide to the Monitor IEMs sufficient information about all meetings among the parties related to the project Project provided such meetings meeting could have an impact on the contractual relations between the parties. The parties will offer to the Monitor IEMs the option to participate in such meetings as and when requiredmeetings. 7.8 8.8 The Monitor IEMs will submit a written report to the CMDChairman, NHPC Limited NDMC within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and Principal/Owner/Bidder(s)/Contractor(s) and, should the occasion arise, submit proposals for correcting problematic situationssituation. However an opportunity of hearing shall be provided by the IEMs to the buyers /bidders before submitting their written report. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 (1) The Employer CVC has appointed competent and credible Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 Pact. The task of the Monitors shall be Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pactagreement. 7.3 (2) The Monitors shall Monitor is not be subject to instructions by the representatives of the parties and perform their performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal. 7.4 Both the parties accept (3) The Bidder/Contractor/Supplier accepts that the Monitors have Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents relating of the Bidder/Contractor/Supplier/ Subcontractor with confidentially. (4) The Principal will provide to the project/ procurement, including minutes of meetings. The right to access records should only be limited to Monitor sufficient information about all meetings among the extent absolutely necessary to investigate the issue parties related to the subject tender/ contractProject provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings. 7.5 (5) As soon as the Monitor notices, or has reason believes to believenotice, a violation of this Pactagreement, he will so inform CMD, NHPC the Management of the Principal and request NHPC Limited the Management to discontinue or take corrective actionheal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendationsrecommendation. Beyond this this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(s) accepts that . However, the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s). The Independent External Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer will provide give an opportunity to the Monitor sufficient information about all meetings among the parties related Bidder/Contractor/Supplier to present its case before making its recommendations to the project provided such meetings could have an impact on the contractual relations between the partiesPrincipal. The parties will offer to the Monitor the option to participate in such meetings as and when required.▇▇▇▇▇▇ varun Digitally signed by ▇▇▇▇▇ ▇▇▇▇▇▇ Date: 2024.12.19 09:49:48 +05'30' 7.8 (6) The Monitor will submit a written report to the CMD, NHPC Limited Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations. 7.9 (7) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. (8) The word 'Monitor' would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ procurement, procurement including minutes of meetings. The right to access records should only be limited Limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 As soon as the Monitor notices, notices or has reason to believe, a violation of this Pact, he will so inform CMDMD, NHPC CVPP(P) Limited and request NHPC CVPP(P) Limited to discontinue or take corrective action, action or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMDMD, NHPC CVPP(P) Limited and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMDMD, NHPC CVPP(P) Limited within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 6.1 The Employer has appointed Independent External Monitors Monitor(s) (hereinafter referred to as monitorsMonitors) for this Pact in consultation with the Central Vigilance CommissionPact. 7.2 6.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 6.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 6.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ procurement, project/procurement for which a complaint or issue is raised before them including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMD, NHPC /CEO/MD of Employer and request NHPC Limited Employer to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 6.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 6.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 6.8 The Monitor will submit a written report to the CMD, NHPC Limited /CEO/MD of Employer within 8 to 10 weeks 30 days from the date of reference or intimation to him by the Employer/ Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 6.9 The word ‘Monitor’ would include both singular and plural. 6.10 In the event of a dispute between the management and the contractor related to those contracts were integrity pact is applicable, in case both the parties agree, they may try to settle the dispute through mediation before the panel of IEMs in a time bound manner. In case the dispute remains unresolved even after mediation by the panel of IEMs, SJVN/SAPDC may take further action as per the terms and conditions of Contract. Expenses on dispute resolution shall be equally shared by both the parties.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 9.1. The Employer BUYER has appointed Independent two independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 9.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 9.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Manaent and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the Commission, in case of suspicion of serious irregularities. 7.5 9.5. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Manaent of the BUYER. 9.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project Project/Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentation. for which the RFP/Tender is being/has been submitted by BIDDER/SELLER /CONTRACTOR /SERVICE PROVIDER, The same is applicable to Sub- contractor(s)Sub-contractors. The Monitor Monitors shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ BIDDER/Sub-contractor(s) contractors with confidentiality. 9.7. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when requiredmeetings. 7.8 9.8. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BIDDER/SELLER /CONTRACTOR/ SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact

Independent External Monitors. 7.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation with after approval by the Central Vigilance Commission. 7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. The Monitors report to CMD, NHPC. 7.4 Both the parties accept that the Monitors have the right to access all the Contract documents relating to the project/ project/procurement, including minutes of meetings, whenever required. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he he/ she will so inform CMD, NHPC and request NHPC Limited Ltd. to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his his/ her request and demonstration of a valid interest, unrestricted and unconditional access to his their project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor Monitor has also signed declaration on 'Non- ‘Non-Disclosure Agreement' Agreeme t’ and of 'Absence of conflict Conflict of interest'Interest’. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMD, NHPC Limited Ltd. within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder Employer/▇▇▇▇▇▇ and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 The Employer has appointed Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/ procurement, procurement including minutes of meetings. The right to access records should only be limited Limited to the extent absolutely necessary to investigate the issue related to the subject tender/ contract. 7.5 As soon as the Monitor notices, notices or has reason to believe, a violation of this Pact, he will so inform CMDMD, NHPC CVPP(P) Limited and request NHPC CVPP(P) Limited to discontinue or take corrective action, action or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Contractor. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- Sub-contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMDMD, NHPC CVPP(P) Limited and recuse himself/ herself from that case. 7.7 The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor will submit a written report to the CMDMD, NHPC CVPP(P) Limited within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 The Employer ▇▇▇▇▇ has appointed Independent External Monitors (hereinafter referred to as monitors) for this Pact in consultation with the Central Vigilance Commission. 7.2 . The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 . The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 . Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/ tender/contract. 7.5 . As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform CMDCEO/Chairman, NHPC ▇▇▇▇▇ and request NHPC Limited CEO/Chairman, ▇▇▇▇▇ to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations, these recommendations would be in the nature of advice would not be legally binding. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 . The Bidder(s)/ Contractor(sBidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction, to all Project documentation of the Employer including that provided by the Bidder/ Bidder/Contractor. The Bidder/ Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub- contractor(sSubcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBidder/Contractor/Subcontractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer HITES will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 . The Monitor will submit a written report to the CMDCEO/Chairman, NHPC Limited ▇▇▇▇▇ within 8 to 10 weeks from the date of reference or intimation to him by the Employer/ Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations. 7.9 . The word "Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 9.1. The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 9.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 9.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the commission, in case of suspicion of serious irregularities. 7.5 9.5. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. 9.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentationfor which the RFP/Tender is being 9.7. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the partiesthe 9.8. The parties will offer to the Monitor the option to participate in such meetings as and when required. 7.8 The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact

Independent External Monitors. 7.1 8.1. The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 8.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 . 8.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 8.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the commission, in case of suspicion of serious irregularities. 7.5 8.5. As soon as any event or incident of violation of this Pact is noticed by the Monitor noticesMonitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Managementof the BUYER. 8.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER. The Bidder/ Contractor TheBIDDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his project documentationdocumentation pertaining to the procurement for which the RFP/Tenders/Bid is being 8.7. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project procurement provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when requiredmeetings. 7.8 8.8. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/BIDDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 9.1. The Employer BUYER has appointed Independent two independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 9.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 9.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the Commission, in case of suspicion of serious irregularities. 7.5 9.5. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. 9.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project Project/Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentation. for which the RFP/Tender is being/has been submitted by BIDDER/SELLER /CONTRACTOR /SERVICE PROVIDER, The same is applicable to Sub- contractor(s)Sub-contractors. The Monitor Monitors shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ BIDDER/Sub-contractor(s) contractors with confidentiality. 9.7. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when requiredmeetings. 7.8 9.8. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BIDDER/SELLER /CONTRACTOR/ SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 . The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 . The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 . Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contract. 7.5 CVO and the commission, in case of suspicion of serious irregularities. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER. The Bidder/ Contractor BIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentationfor which the RFP/Tender is being /has been submitted by BIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER. The same is applicable to Sub- contractor(s)Subcontractors. The Monitor Monitors shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBIDDER/Subcontractors ( ) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when required. 7.8 meetings. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/ BIDDER/ SELLER/ CONTRACTOR/ SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact

Independent External Monitors. 7.1 The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 . The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 . The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 . Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contract. 7.5 CVO and the commission, in case of suspicion of serious irregularities. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER(s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor BIDDER/ SELLER/ CONTRACTOR /SERVICE PROVIDER will also grant the MonitorMonitors, upon his their request and demonstration of a valid interest, unrestricted and unconditional access to his documentation pertaining to the project documentationfor which the RFP/Tender is being /has been submitted by BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER. The same is applicable to Sub- contractor(s)Subcontractors. The Monitor Monitors shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(sBIDDER/Subcontractors( ) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when required. 7.8 meetings. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/BIDDER/SELLER/CONTRACTOR/SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Integrity Pact

Independent External Monitors. 7.1 9.1. The Employer BUYER has appointed two Independent External Monitors (hereinafter referred to as monitorsMonitors) for this Pact in consultation accordance with the recommendations and guidelines issued by Central Vigilance Commission. 7.2 9.2. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 7.3 9.3. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. 7.4 9.4. Both the parties accept that the Monitors have the right to access all the documents relating to the project/ project/procurement, including minutes of meetings. The right to access Monitors shall on receipt of any complaint arising out of tendering process jointly examine such complaint, look into the records should only be limited while conducting the investigation and submit their joint recommendations and views to the extent absolutely necessary to investigate Management and Chief Executive of the issue related BUYER. The MONITORS may also send their report directly to the subject tender/ contractCVO and the commission, in case of suspicion of serious irregularities. 7.5 9.5. As soon as the Monitor noticesany event or incident of violation of this Pact is noticed by Monitors, or has Monitors have reason to believe, a violation of this Pact, he they will so inform CMD, NHPC and request NHPC Limited to discontinue or take corrective action, or to take other relevant actionthe Management of the BUYER. 9.6. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 7.6 The Bidder(s)/ Contractor(sBIDDER (s) accepts that the Monitor has Monitors have the right to access without restriction, restriction to all Project /Procurement documentation of the Employer BUYER including that provided by the Bidder/ ContractorBIDDER /SELLER/CONTRACTOR/SERVICE PROVIDER. The Bidder/ Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentationBIDDER 9.7. The same is applicable to Sub- contractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/ Contractor/ Sub-contractor(s) with confidentiality. The monitor has also signed declaration on 'Non- Disclosure Agreement' and of 'Absence of conflict of interest'. In case of any conflict of interest arising at a later date, the IEM shall inform CMD, NHPC and recuse himself/ herself from that case. 7.7 The Employer BUYER will provide to the Monitor Monitors sufficient information about all meetings among the parties related to the project Project provided such meetings could have an impact Impact on the contractual relations between the parties. The parties will may offer to the Monitor Monitors the option to participate in such meetings as and when requiredmeetings. 7.8 9.8. The Monitor Monitors will submit a written report to the CMD, NHPC Limited within 8 to 10 weeks BUYER at the earliest from the date of reference or intimation to him by the Employer/ Bidder BUYER/BIDDER /SELLER/CONTRACTOR/SERVICE PROVIDER and should the occasion arise, submit proposals for correcting problematic situations. 7.9 The word ‘Monitor’ would include both singular and plural.

Appears in 1 contract

Sources: Pre Contract Integrity Pact