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Tender Dossier (PDF) - Eulex

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9.3. For matters not governed by the contract, the Contractor shall respect and abide by all lawsand regulations in force according to article 2 of the Special Conditions and shall ensure thathis personnel, their dependants, and his local employees also respect and abide by all suchlaws and regulations. The Contractor shall indemnify the Contracting Authority against anyclaims and proceedings arising from any infringement by the Contractor, his employees andtheir dependants of such laws and regulations. The Contractor shall respect internationallyagreed core labour standards, e.g. the ILO core labour standards, conventions on freedom ofassociation and collective bargaining, elimination of forced and compulsory labour,elimination of discrimination in respect of employment and occupation, and the abolition ofchild labour.9.4. The Contractor shall treat all documents and information received in connection with thecontract as private and confidential. He shall not, save in so far as may be necessary for thepurposes of the contract's execution, publish or disclose any particulars of the contractwithout the prior consent in writing of the Contracting Authority or the Project Manager. Ifany disagreement arises as to the necessity for any publication or disclosure for the purposeof the contract, the decision of the Contracting Authority shall be final.9.5. If the Contractor is a joint venture or consortium of two or more persons, all such personsshall be jointly and severally bound to fulfil the terms of the contract according to the law ofthe state of the Contracting Authority and shall, at the request of the Contracting Authority,designate one of such persons to act as leader with authority to bind the joint venture orconsortium. The composition of the joint venture or consortium shall not be altered withoutthe prior consent in writing of the Contracting Authority.9.6. Save where the European Commission requests or agrees otherwise, the Contractor shall takethe necessary measures to ensure the visibility of the European Union financing or cofinancing.These measures must comply with the rules in the Communication and VisibilityManual for EU External Actions published by the European Commission.9.7. If the Contractor or any of his sub-contractors, agents or servants offers to give or agrees tooffer or to give or gives to any person, any bribe, gift, gratuity or commission as aninducement or reward for doing or forbearing to do any act in relation to the contract or anyother contract with the Contracting Authority; or for showing favour or disfavour to anyperson in relation to the contract or any other contract with the Contracting Authority, thenthe Contracting Authority may, without prejudice to any accrued rights of the Contractorunder the contract, terminate the contract in which case the provisions of Articles 35 and 36hereof shall apply.9.8. The execution of the contract shall not give rise to unusual commercial expenses. If suchunusual commercial expenses emerge, the contract will be terminated. Unusual commercialexpenses are commissions not mentioned in the contract or not stemming from a properlyconcluded contract referring to the contract, commissions not paid in return for any actualand legitimate service, commissions remitted to a tax haven, commissions paid to a recipientwho is not clearly identified or commission paid to a company which has every appearanceof being a front company.9.9. Any records must be kept for a 7-year period after the final payment made under thecontract. Failure to maintain such records constitutes a breach of contract and may result inthe termination of the contract.

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