Common use of WHO Policy on Preventing and Addressing Sexual Misconduct Clause in Contracts

WHO Policy on Preventing and Addressing Sexual Misconduct. WHO has Zero tolerance for sexual exploitation and abuse, sexual harassment, and other types of abusive conduct. In this regard, and without limiting any other provisions contained herein: the vendor warrants that it shall: • Take all reasonable and appropriate measures to prevent sexual exploitation or abuse as described in the WHO Policy Directive on Protection from sexual exploitation and sexual abuse (SEA), and/or sexual harassment and other types of abusive conduct as described in the WHO Policy on Preventing and Addressing Abusive Conduct by any of its employees and any other natural or legal persons engaged or otherwise utilized to perform the work under the contract. • Each individual contractor warrants that he/she will (i) Not engage in any conduct that would constitute sexual exploitation and other types of abuse conduct as described in WHO policy • The contractor shall promptly report to WHO and respond to, in accordance with the terms of the respective Policies, any actual or suspected violations of either Policy of which the Contractor becomes aware. WHO is committed to workforce diversity. Application from qualified female candidates particularly from disadvantaged and socially excluded groups are -strongly encouraged. WHO has a smoke-free environment and does not recruit smokers or users of any form of tobacco. 1. The World Health Organization (WHO), acting through its Department of Communication, has access to certain information relating to Long Term Agreement for the Provision of Photography Services which it considers to be proprietary to itself or to entities collaborating with it (hereinafter referred to as “the Information”). 2. WHO is willing to provide the Information to the Undersigned for the purpose of allowing the Undersigned to prepare a response to the Request for Proposal (RFP) for “establishing a Long Term Contractual agreement with multiple qualified company/individuals to provide photography services for WHO Nepal to enhance the Organization’s advocacy, communication and documentation efforts .” ("the Purpose"), provided that the Undersigned undertakes to treat the Information as confidential and proprietary, to use the Information only for the aforesaid Purpose and to disclose it only to persons who have a need to know for the Purpose and are bound by like obligations of confidentiality and non-use as are contained in this Undertaking. 3. The Undersigned undertakes to regard the Information as confidential and proprietary to WHO or parties collaborating with WHO, and agrees to take all reasonable measures to ensure that the Information is not used, disclosed or copied, in whole or in part, other than as provided in paragraph 2 above, except that the Undersigned shall not be bound by any such obligations if the Undersigned is clearly able to demonstrate that the Information: a) was known to the Undersigned prior to any disclosure by WHO to the Undersigned (as evidenced by written records or other competent proof); b) was in the public domain at the time of disclosure by or for WHO to the Undersigned; c) becomes part of the public domain through no fault of the Undersigned; or d) becomes available to the Undersigned from a third party not in breach of any legal obligations of confidentiality (as evidenced by written records or other competent proof). 4. The Undersigned further undertakes not to use the Information for any benefit, gain or advantage, including but not limited to trading or having others trading in securities on the Undersigned’s behalf, giving trading advice or providing Information to third parties for trade in securities. 5. At WHO's request, the Undersigned shall promptly return any and all copies of the Information to WHO. 6. The obligations of the Undersigned shall be of indefinite duration and shall not cease on termination of the above mentioned RFP process. 7. Any dispute arising from or relating to this Undertaking, including its validity, interpretation, or application shall, unless amicably settled, be subject to conciliation. In the event of the dispute is not resolved by conciliation within thirty (30) days, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the Undersigned and WHO or, in the absence of agreement within thirty (30) days of written communication of the intent to commence arbitration, with the rules of arbitration of the International Chamber of Commerce. The Undersigned and WHO shall accept the arbitral award as final. 8. Nothing in this Undertaking, and no disclosure of Information to the Undersigned pursuant to its terms, shall constitute, or be deemed to constitute, a waiver of any of the privileges and immunities enjoyed by WHO under national or international law, or as submitting WHO to any national court jurisdiction. Entity Name: ………………………………………………………………………………………………… Mailing Address: ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… Name and Title of duly authorized representative: ………………………………………………………………………………………………… Signature: ………………………………………………………………………………………………… Date: ………………………………………………………………………………………………… Legal Company Name: (Not trade name or DBA name) City: State: Telephone Number: Fax Number: Company mission statement Service commitment to customers and measurements used (if available) Organization structure (include description of those parts of your organization that would be involved in the performance of the work) Relevant experience (how could your expertise contribute to WHO’s needs for the purpose of this RFP) – Please attach reference and contact details * ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/about/finances-accountability/procurement/en/