Construction work for UNDP ELECT Project NAME & ADDRESS OF ...

immediately upon
to UNDP.
notice to the Contractor, at no cost
20.0 MINES:
20.1 The Contractor represents and warrants that
neither it nor any of its suppliers is actively and directly
engaged in patent activities, development, assembly,
production, trade or manufacture of mines or in such
activities in respect of components primarily utilized in
the manufacture of Mines. The term "Mines" means
those devices defined in Article 2, Paragraphs 1, 4 and 5
of Protocol II annexed to the Convention on
Prohibitions and Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed to Be
Excessively Injurious or to Have Indiscriminate Effects of
1980.
20.2 Any breach of this representation and warranty
shall entitle UNDP to terminate this Contract
immediately upon notice to the Contractor, without any
liability for termination charges or any other liability of
any kind of UNDP.
21.0 OBSERVANCE OF THE LAW: The Contractor shall
comply with all laws, ordinances, rules, and regulations
bearing upon the performance of its obligations under
the terms of this Contract.
22.0 SEXUAL EXPLOITATION:
22.1 The Contractor shall take all appropriate measures
to prevent sexual exploitation or abuse of anyone by it
or by any of its employees or any other persons who
may be engaged by the Contractor to perform any
services under the Contract. For these purposes, sexual
activity with any person less than eighteen years of age,
regardless of any laws relating to consent, shall
constitute the sexual exploitation and abuse of such
person. In addition, the Contractor shall refrain from,
and shall take all appropriate measures to prohibit its
employees or other persons engaged by it from,
exchanging any money, goods, services, offers of
employment or other things of value, for sexual favors
or activities, or from engaging in any sexual activities
that are exploitive or degrading to any person. The
Contractor acknowledges and agrees that the provisions
hereof constitute an essential term of the Contract and
that any breach of this representation and warranty
shall entitle UNDP to terminate the Contract
immediately upon notice to the Contractor, without any
liability for termination charges or any other liability of
any kind.
22.2 The UNDP shall not apply the foregoing
standard relating to age in any case in which the
Contractor’s personnel or any other person who may be
engaged by the Contractor to perform any services
under the Contract is married to the person less than
the age of eighteen years with whom sexual activity has
occurred and in which such marriage is recognized as
valid under the laws of the country of citizenship of
such Contractor’s personnel or such other person who
may be engaged by the Contractor to perform any
services under the Contract.
23.0 AUDITS AND INVESTIGATIONS:
23.1‐ Each invoice paid by UNDP shall be subject to a
post‐payment audit by auditors, whether internal or
external, of UNDP or the authorized agents of the UNDP
at any time during the term of the Contract and for a
period of three (3) years following the expiration or
prior termination of the Contract. The UNDP shall be
entitled to a refund from the Contractor for any
amounts shown by such audits to have been paid by the
UNDP other than in accordance with the terms and
conditions of the Contract. Should the audit determine
that any funds paid by UNDP have not been used as per
contract clauses, the company shall reimburse such
funds forthwith. Where the company fails to reimburse
such funds, UNDP reserves the right to seek recovery
and/or to take any other action as it deems necessary.
23.2‐ The Contractor acknowledges and agrees that, at
anytime, UNDP may conduct investigations relating to
any aspect of the Contract, the obligations performed
under the Contract, and the operations of the
Contractor generally. The right of UNDP to conduct an
investigation and the Contractor’s obligation to comply
with such an investigation shall not lapse upon
expiration or prior termination of the Contract. The
Contractor shall provide its full and timely cooperation
with any such inspections, post‐payment audits or
investigations. Such cooperation shall include, but shall
not be limited to, the Contractor’s obligation to make
available its personnel and any documentation for such
purposes and to grant to UNDP access to the
Contractor’s premises. The Contractor shall require its
agents, including, but not limited to, the Contractor’s
attorneys, accountants or other advisers, to reasonably
cooperate with any inspections, post‐payment audits or
investigations carried out by UNDP hereunder.
24.0 ANTI‐TERRORISM: The Contractor agrees to
undertake all reasonable efforts to ensure that none of
the UNDP funds received under this Contract are used
to provide support to individuals or entities associated
with terrorism and that the recipients of any amounts
provided by UNDP hereunder do not appear on the list
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