advance payments received up to the date <strong>of</strong> the certificate, less other recoveries due in terms <strong>of</strong>the contract and less taxes due to be deducted at source as per applicable law.61. Property61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be theproperty <strong>of</strong> the Employer, if the Contract is terminated because <strong>of</strong> a Contractor’s default.62. Release from Performance62.1 If the Contract is frustrated by the outbreak <strong>of</strong> war or by any other event entirely outside thecontrol <strong>of</strong> either the Employer or the Contractor the Engineer shall certify that the Contract hasbeen frustrated. The Contractor shall make the Site safe and stop work as quickly as possible afterreceiving this certificate and shall be paid for all work carried out before receiving it and for anywork carried out afterwards to which commitment was made.63. Suspension <strong>of</strong> World Bank Loan or Credit63.1 In the event that the World Bank suspends the Loan or Credit to the Employer, from which part <strong>of</strong>the payments to the Contractor are being made:(a)(b)The Employer is obligated to notify the Contractor <strong>of</strong> such suspension within 7 days <strong>of</strong>having received the World Bank’s suspension notice.If the Contractor has not received sums due to it upon the expiration <strong>of</strong> the 28 days forpayment provided for in Sub-Clause 43.1, the Contractor may immediately issue a 14-daytermination notice.64. Corrupt or Fraudulent Practices:64.1 If the Employer determines that the Contractor has engaged in corrupt, fraudulent,collusive coercive or obstructive practices, in competing for or in executing the Contract,then the Employer may, after giving 14 days notice to the Contractor, terminate theContractor’s employment under the Contract and expel him from the Site, and theprovisions <strong>of</strong> Clause 59 shall apply.Should any employee <strong>of</strong> the Contractor be determined to have engaged in corrupt,fraudulent, collusive, coercive, or obstructive practice during the execution <strong>of</strong> the works,then that employee shall e removed in accordance with Clause 9 (Personnel).For the Purposes <strong>of</strong> this Sub-Clause:(i) “corrupt practice” 6 is the <strong>of</strong>fering, giving, receiving or soliciting directly or indirectly, <strong>of</strong>anything <strong>of</strong> value to influence improperly the actions <strong>of</strong> another party;(ii) “fraudulent practice” 7 is any act or omission, including a misrepresentation, thatknowingly or recklessly misleads, or attempts to mislead, a party obtain a financial orother benefit or to avoid an obligation;(iii) “collusive practices” 8 is an arrangement between two or more parties designed to achivean improper purpose, including to influence improperly the actions <strong>of</strong> another party;6 “another party” refers to a public <strong>of</strong>ficial acting in relation to the procurement process or contractexecution]. In this context, “public <strong>of</strong>ficial” included World Bank staff and employees <strong>of</strong> otherorganizations taking or reviewing procurement decisions.7 a “party” refers to a public <strong>of</strong>ficial; the terms “benefit” and “obligation” related to the procurementprocess or contract execution; and the “act or omission” is intended to influence the procurement process orcontract execution.Contractor EE 54
(iv)(v)(aa)(bb)“coercive practices” 9 is impairing or harming, or threatening to impair or harm, directlyor indirectly, any party or the property <strong>of</strong> the party to influence improperly the actions <strong>of</strong>a party;“obstructive practice” isdeliberately destroying, falsifying, altering or concealing <strong>of</strong> evidence material to theinvestigation or making false statements to investigators in order to materially impede aBank investigation into allegations <strong>of</strong> a corrupt, fraudulent, coercive or collusivepractice, and / or threatening, harassing <strong>of</strong> intimidating any party to prevent it fromdisclosing its knowledge <strong>of</strong> matters relevant to the investigation or from pursuing theinvestigation, oracts intended to materially impede the exercise <strong>of</strong> the Bank’s inspection and audit rightsprovided for under sub-clause 23.2 [Inspections and Audits by the Bank].”8 “parties” refers to participants in the procurement process (including public <strong>of</strong>ficials) attempting toestablish bid prices at artificial, non competitive levels.9 a “party” refers to a participant in the procurement process or contract execution.Contractor EE 55