Common use of Previous Transgression Clause in Contracts

Previous Transgression. 1. The Bidder declares that no previous transgressions occurred in the last 3 years from the date of bid submission, with any other public/government organization/Public Sector Enterprise impinging uponthe anti-corruption approach in India that could justify his exclusion from the Tender process. The date of transgression, for the purpose of disclosure by the Bidders, would be the date on which cognizance of the said transgression was taken by the competent authority of such public/government organisation/Public Sector Enterprise. The period of transgression(s) is/are to be disclosed by the Bidders, is to be reckoned from the actual date of Bid submission. 2. Further the Bidder also declares that no transgression(s), are pending conclusion, even before the aforesaid period of three years. In case there is, the same shall also be disclosed by the Bidder. 3. If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner. 4. If the Bidder/Contractor can prove that he has resorted \recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion, as per laid down organizational procedures, revoke the exclusion prematurely.

Previous Transgression. 1. 4.1 The Bidder BIDDER declares that no previous transgressions transgression occurred in the last 3 three years from the date immediately before signing of bid submissionthis Integrity Pact, with any other public/government organization/Company/ PSU/ Nationalized Bank in any country in respect of any corrupt practices envisaged hereunder or with any Nationalized Bank/ Public Sector Enterprise impinging uponthe anti-corruption approach in India or any “Government Department in India that could justify his BIDDER’s exclusion from the Tender tender process. The date of transgression, for the purpose of disclosure by the Bidders, would be the date on which cognizance of the said transgression was taken by the competent authority of such public/government organisation/Public Sector Enterprise. The period of transgression(s) is/are to be disclosed by the Bidders, is to be reckoned from the actual date of Bid submission. 2. Further the Bidder also declares 4.2 The BIDDER agrees that no transgression(s), are pending conclusion, even before the aforesaid period of three years. In case there is, the same shall also be disclosed by the Bidder. 3. If the Bidder if it makes incorrect statement on this subject, he can BIDDER is liable to be disqualified from the Tender tender process or the contract, if already awarded, is liable to be terminated for such reason. 4.3 The imposition and duration of the exclusion of the BIDDER will be determined by the BUYER based on the severity of transgression. 4.4 The Bidder/Contractor acknowledges and undertakes to respect and uphold the BUYER’s absolute right to resort to and impose such exclusion. 4.5 Apart from the above, the BUYER may take action can be taken for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/OwnerBUYER. 4. 4.6 If the Bidder/Contractor can prove that he has resorted \recouped resorted/recouped the damage caused by him and has installed implemented a suitable corruption prevention system, the Principal/Owner BUYER may, at its own discretion, as per laid down organizational procedures, revoke the exclusion prematurely.

Previous Transgression. 1. 6.1 The Bidder BIDDER declares that no previous transgressions transgression occurred in the last 3 three years from the date immediately before signing of bid submissionthis Integrity Pact, with any other publicCompany/ PSU/ Nationalized Bank/government organizationRegional Rural Bank in any country in respect of any corrupt practices envisaged hereunder or with any Nationalized Bank/Regional rural Bank/ Public Sector Enterprise impinging uponthe anti-corruption approach in India or any "Government Department in India that could justify his BIDDER's exclusion from the Tender tender process. The date of transgression, for the purpose of disclosure by the Bidders, would be the date on which cognizance of the said transgression was taken by the competent authority of such public/government organisation/Public Sector Enterprise. The period of transgression(s) is/are to be disclosed by the Bidders, is to be reckoned from the actual date of Bid submission. 2. Further the Bidder also declares 6.2 The BIDDER agrees that no transgression(s), are pending conclusion, even before the aforesaid period of three years. In case there is, the same shall also be disclosed by the Bidder. 3. If the Bidder if it makes incorrect statement on this subject, he can ▇▇▇▇▇▇ is liable to be disqualified from the Tender tender process or the contract, if already awarded, is liable to be terminated for such reason. 6.3 The imposition and duration of the exclusion of the BIDDER will be determined by the BUYER based on the severity of transgression. 6.4 The Bidder/Contractor acknowledges and undertakes to respect and uphold the BUYER’s absolute right to resort to and impose such exclusion. 6.5 Apart from the above, the BUYER may take action can be taken for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/OwnerBUYER. 4. 6.6 If the Bidder/Contractor can prove that he has resorted \recouped resorted/recouped the damage caused by him and has installed implemented a suitable corruption prevention system, the Principal/Owner BUYER may, at its own discretion, as per laid down organizational procedures, revoke the exclusion prematurely.

Previous Transgression. 1. 4.1 The Bidder BIDDER declares that no previous transgressions transgression occurred in the last 3 three years from the date immediately before signing of bid submissionthis Integrity Pact, with any other public/government organization/Company/ PSU/ Nationalized Bank in any country in respect of any corrupt practices envisaged hereunder or with any Nationalized Bank/ Public Sector Enterprise impinging uponthe anti-corruption approach in India or any "Government Department in India that could justify his BIDDER's exclusion from the Tender tender process. The date of transgression, for the purpose of disclosure by the Bidders, would be the date on which cognizance of the said transgression was taken by the competent authority of such public/government organisation/Public Sector Enterprise. The period of transgression(s) is/are to be disclosed by the Bidders, is to be reckoned from the actual date of Bid submission. 2. Further the Bidder also declares 4.2 The BIDDER agrees that no transgression(s), are pending conclusion, even before the aforesaid period of three years. In case there is, the same shall also be disclosed by the Bidder. 3. If the Bidder if it makes incorrect statement on this subject, he can BIDDER is liable to be disqualified from the Tender tender process or the contract, if already awarded, is liable to be terminated for such reason. 4.3 The imposition and duration of the exclusion of the BIDDER will be determined by the BUYER based on the severity of transgression. 4.4 The Bidder/Contractor acknowledges and undertakes to respect and uphold the BUYER’s absolute right to resort to and impose such exclusion. 4.5 Apart from the above, the BUYER may take action can be taken for banning of business dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/OwnerBUYER. 4. 4.6 If the Bidder/Contractor can prove that he has resorted \recouped resorted/recouped the damage caused by him and has installed implemented a suitable corruption prevention system, the Principal/Owner BUYER may, at its own discretion, as per laid down organizational procedures, revoke the exclusion prematurely.