Into-aircraft Aviation Fuel Supply Agreement
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16. ANTI-CORRUPTION 16.1. When performing their obligations under this Contract, the Parties, their affiliates, employees or intermediaries shall not pay, offer and permit to pay any funds or valuables either directly or indirectly to any persons to bias actions or decisions of these persons for obtainment of any illegal benefits or for any other illegal purposes. 16.2. When performing their obligations under this Contract, the Parties, their affiliates, employees or intermediaries shall not perform any actions qualified under the legislation applicable to this Contract as giving / receiving bribe, commercial bribery as well as actions violating requirements of the applicable legislation and international acts on counteraction to legalization (laundering) illegal incomes. 16.3. Either Party may suspend its performance under or terminate this Contract forthwith upon written notice to the other at any time, if in their reasonable judgment the other is in breach of Clause 16.1 or 16.2. 16.4. In case the Parties have any suspicions that any violation of anti-corruption conditions is or may take place a relevant Party shall notify another Party in writing. Upon written notification a relevant Party may suspend performance of the obligations under this Contract till receipt of confirmation that the violation has not taken or will not take place. This confirmation shall be sent within 5 (five) business days from the day a written notice was sent. 16.5. In its written confirmation the Party shall be obliged to refer to facts or to provide materials truly confirming the fact of violation by the counteragent, its affiliate, employees or intermediaries of any provisions of these conditions through any actions qualified under the applicable legislation as giving / receiving bribe, commercial bribery as well as actions violating requirements of the applicable legislation and international acts on counteraction to legalization (laundering) illegal incomes or giving a ground to believe that such violation has taken or may take place. 16.6. The Parties to this Contract shall acknowledge carrying out their own procedures against corruption and control observance hereof. In this regard the Parties shall reasonably endeavor to minimize the risk of business relations with counteragents, which may be involved in corruption activities as well as render assistance to each other to prevent corruption. 16.7. For the purpose to carry out anti-corruption inspections the Buyer from the date of conclusion of the Contract as well as at any time within the effective period hereof at the written request of the Seller within 5 (five) business days shall be obliged to provide the information on a chain of owners of Buyer, including beneficiaries (final ones also) in the form according to Annex № 3 to the Contract attaching confirming documents (hereinafter – the Information). In case of any changes in the chain of owners of the Buyer, including beneficiaries (final ones also) and/or in executive bodies the Buyer shall be obliged to provide the required information to the Seller within 5 (five) business days from the date of introduction of such changes. The information shall be provided in hard copy signed by the General Director (or any other office holder being a one – man executive body of the counteragent) or a person authorized on the basis of the power of attorney and shall be sent to the address of the Seller by mail with a list of enclosure. The date of provision of the Information shall be the date of receipt by the Seller of the mail. Additionally the Information shall be provided electronically The condition set forth in this clause shall be essential condition of this Contract in accordance with part 1 of article 432 of the Civil Code of the Russian Federation 16.8. The Parties acknowledge that their probable wrongful acts and violation of anti-corruption conditions of this Contract may result in adverse effects – from reduction of the counteragent’s reliability rating to substantial restrictions on interaction with the counteragent up to cancellation of this Contract. 16.9. The Parties guarantee proper examination of the facts presented in view of implementation of this Contract subject to observance of the confidentiality principles and applying effective measures for elimination of practical difficulties and prevention of probable conflict situations. 16.10. The Parties guarantee full confidentiality when fulfilling conditions of this Contract as well as no adverse effects both for the applying Party in general and for certain employees of this Party, who notified of the violation facts. 16.11. . In case of refusal by the Buyer to provide the Information according to clause 16.7. of this Contract, actual non-provision of such Information, provision of the Information violating the terms specified in this Contract or provision of unreliable Information, the Seller shall have the right to unilaterally repudiate the Contract sending a written repudiation notice within 5 (five) business days from the day a notice was sent 16.12. In case the Information provided is not complete (i.e. provided not in the form of Annex № 3 to this Contract) the Seller shall send a repeated request for provision of the Information in the form specified in clause 16.7. of this Contract supplemented with the lacking information indicating the terms for provision hereof. In case of non-provision of such information, violation of the terms for provision hereof as well as provision of unreliable information the Seller shall have the right to unilaterally repudiate the Contract sending a written repudiation notice within 5 (five) business days from the day a notice was sent 17.Duration, Modifications and Termination
The present Agreement is considered final and binding upon both Parties. No other wording or understanding is possible. Neither Party is entitled to transfer their rights and obligations under this Agreement to the third party without the written consent of the contracting Party. | ||
| Продавец: Закрытое акционерное общество Топливозаправочная компания «Кольцово» 620025, Россия, г. Екатеринбург, ул. Спутников, 6 Валютные реквизиты (доллары США) 40702840800001005249 JSC «RRDB» SWIFT: RRDBRUMM Account No 400940760 (USD) with JPMorgan Chase Bank, New York SWIFT: CHASUS33 ABA 021000021 Валютные реквизиты (ЕВРО) 40702978400001005249 JSC «RRDB» SWIFT: RRDBRUMM Account No 55.047.419 with RAIFFEISEN ZENTRALBANK OESTERREICH AG,Vienna, SWIFT: RZBA AT WW IBAN: AT393100000055047419 Покупатель: ____________________________________________ |
Seller: Koltsovo Fuelling Company PSC 6 Sputnikov Street, Ekaterinburg 620025, Russia Bank details (USD): 40702840800001005249 JSC «RRDB» SWIFT: RRDBRUMM Account No 400940760 (USD) with JPMorgan Chase Bank, New York SWIFT: CHASUS33 ABA 021000021 Bank details (EUR): 40702978400001005249 JSC «RRDB» SWIFT: RRDBRUMM Account No 55.047.419 with RAIFFEISEN ZENTRALBANK OESTERREICH AG,Vienna, SWIFT: RZBA AT WW IBAN: AT393100000055047419 Buyer: ________________________________________________ | |
| Подписи сторон / Parties’ Signatures | ||
| Продавец / Seller | | Покупатель / Buyer |
| | | |
| _____________________________ С.Ф. Кончаков / S.F. Konchakov М.П./Stamp | | __________________________ /______________/_____________/ М.П./Stamp |
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