Tender Dossier - Eulex

The other Party shall respond to this request for amicable settlement within 30 days, stating itsposition on the dispute. Unless the Parties agree otherwise, the maximum time period laid down forreaching an amicable settlement shall be 120 days from the date of the notification requesting such aprocedure. Should a Party not agree to the other Party's request for amicable settlement, should aParty not respond in time to that request or should no amicable settlement be reached within themaximum time period, the amicable settlement procedure is considered to have failed.40.3. In the absence of an amicable settlement, a Party may notify the other Party in writingrequesting a settlement through conciliation by a third person. If the European Commission is not aParty to the contract, the Commission can accept to intervene as such a conciliator.The other Party shall respond to the request of conciliation within 30 days. Unless the Parties agreeotherwise, the maximum time period laid down for reaching a settlement through conciliation shall be120 days from the notification requesting such a procedure. Should a Party not agree to the otherParty's request for conciliation, should a Party not respond in time to that request or should nosettlement be reached within the maximum time period, the conciliation procedure is considered tohave failed.40.4. If amicable settlement procedure and, if so requested, the conciliation procedure fails, eachparty may refer the dispute to either the decision of a national jurisdiction or arbitration, as specifiedin Article 40 of the Special Conditions.ETHICS CLAUSESArticle 41 - Ethic clauses41.1. Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawfulagreements with competitors or influence the committee or the Contracting Authority during theprocess of examining, clarifying, evaluating and comparing tenders shall lead to the rejection of hiscandidacy or tender.41.2. Without the Contracting Authority's prior written authorisation, a Contractor and his staff or anyother company with which the Contractor is associated or linked may not, even on an ancillary orsubcontracting basis, supply other services, carry out works or supply equipment for the project.41.3. This prohibition also applies to any other programmes or projects that could, owing to the natureof the contract, give rise to a conflict of interest on the part of the Contractor.41.4. When putting forward a candidacy or tender, the candidate or tenderer shall declare that it isaffected by no potential conflict of interest and has no particular link with other tenderers or partiesinvolved in the project. Should such a situation arise during execution of the contract, the Contractormust immediately inform the Contracting Authority.41.5. The Contractor must at all times act impartially and as a faithful adviser in accordance with thecode of conduct of his profession. He shall refrain from making public statements about the project orservices without the Contracting Authority's prior approval. He may not commit the ContractingAuthority in any way without its prior written consent.41.6. For the duration of the contract the Contractor and his staff shall respect human rights andundertake not to offend the political, cultural and religious mores of the beneficiary state.41.7. The Contractor may accept no payment connected with the contract other than that provided fortherein. The Contractor and his staff must not exercise any activity or receive any advantageinconsistent with their obligations to the Contracting Authority.44