Zakon o potvrđivanju Finansijskog ugovora EPS Zeleno finansiranje A između Republike Srbije i Evropske investicione banke

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Član 6.10 Zakon o potvrđivanju Finansijskog ugovora EPS Zeleno finansiranje A između Republike Srbije i Evropske investicione banke – Integrity

Section6.10

Integrity

a)
Prohibited Conduct:
(i)
The Borrower shall not and shall procure (acting through the MoME) that the Promoter shall not engage in (and shall not authorise or permit any other person acting on its behalf to engage in) any Prohibited Conduct in connection with the Project, any tendering procedure for the Project, or any transaction contemplated by the Contract.
(ii)
The Borrower undertakes and shall ensure (acting through the MoME) that the Promoter undertakes to take such action as the Bank shall reasonably request to investigate or terminate any alleged or suspected occurrence of any Prohibited Conduct in connection with the Project.
(iii)
The Borrower undertakes and shall ensure (acting through the MoME) that the Promoter undertakes to ensure that contracts financed by this Loan include the necessary provisions to enable the Borrower to investigate or terminate any alleged or suspected occurrence of any Prohibited Conduct in connection with the Project.
b)
Sanctions
The Borrower shall not, and shall procure (acting through the MoME) that the Promoter shall not, directly or indirectly:
i)
enter into a business relationship with, and/or make any funds and/or economic resources available to, or for the benefit of, any Sanctioned Person in connection with the Project,
ii)
use all or part of the proceeds of the Loan or lend, contribute or otherwise make available such proceeds to any person in any manner that would result in a breach by itself and/or by the Bank of any Sanctions; or
iii)
fund all or part of any payment under this Contract out of proceeds derived from activities or businesses with a Sanctioned Person or in any manner that would result in a breach by itself and/or by the Bank of any Sanctions.
It is acknowledged and agreed that the undertakings set out in this (b) are only sought by and given to the Bank to the extent that to do so would be permissible pursuant to any applicable anti-boycott rule of the EU such as Regulation (EC) 2271/96.
c)
Relevant Persons
The Borrower shall, and shall procure (acting through the MoME) that the Promoter shall, undertake to take within a reasonable timeframe appropriate measures in respect of any Relevant Person who is the subject of a final and irrevocable court ruling in connection with Prohibited Conduct perpetrated in the course of the exercise of their professional duties, in order to ensure that such Relevant Person is excluded from any of the activities in relation to the Loan and to the Project.