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Download Tender Document - High Commission of India, Colombo

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MEASURED PRICE CONSTRUCTION CONTRACT<br />

General Conditions<br />

Operational excellence for results that matter<br />

6.18 Child Labour<br />

Child Labour<br />

(a)<br />

(b)<br />

The Contractor represents and warrants that neither it, its parent entities (if<br />

any), nor any <strong>of</strong> the Contractor’s subsidiary or affiliated entities (if any) is<br />

engaged in any practice inconsistent with the rights set forth in the<br />

Convention on the Rights <strong>of</strong> the Child, including Article 32 there<strong>of</strong>, which,<br />

inter alia, requires that a child shall be protected from performing any work<br />

that is likely to be hazardous or to interfere with the child’s education, or to be<br />

harmful to the child’s health or physical, mental, spiritual, moral, or social<br />

development.<br />

The Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause<br />

6.18 shall entitle the Employer to terminate the Contract immediately in<br />

accordance with Sub-Clause 15.2, without any liability for termination charges<br />

or any other liability <strong>of</strong> any kind.<br />

6.19 Sexual Exploitation<br />

Sexual Exploitation<br />

(a)<br />

(b)<br />

(c)<br />

The Contractor shall take all appropriate measures to prevent sexual<br />

exploitation or abuse <strong>of</strong> anyone by the Contractor’s Personnel. For these<br />

purposes, sexual exploitation and abuse includes sexual activity with any<br />

person less than eighteen years <strong>of</strong> age, regardless <strong>of</strong> any laws relating to<br />

consent, unless such sexual activity is consensual between two persons who<br />

are married and such marriage is recognized as valid under the laws <strong>of</strong> the<br />

country <strong>of</strong> citizenship <strong>of</strong> such Contractor’s Personnel.<br />

In addition, the Contractor shall refrain from, and shall take all reasonable and<br />

appropriate measures to prohibit its employees or other persons engaged<br />

and controlled by it from exchanging any money, goods, services, or other<br />

things <strong>of</strong> value, for sexual favours or activities, or from engaging any sexual<br />

activities that are exploitive or degrading to any person.<br />

The Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause<br />

6.19 shall entitle the Employer to terminate the Contract immediately in<br />

accordance with sub-Clause 15.2, without any liability for termination charges<br />

or any other liability <strong>of</strong> any kind.<br />

7. PLANT, MATERIALS AND WORKMANSHIP<br />

7.1 Manner <strong>of</strong> Execution<br />

Manner <strong>of</strong> Execution<br />

The Contractor warrants that it shall carry out the manufacture <strong>of</strong> Plant, the<br />

production and manufacture <strong>of</strong> Materials, and all other execution <strong>of</strong> the Works:<br />

(a)<br />

in the manner (if any) specified in the Contract;<br />

© UNOPS 2011 58

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