9.2. Any change or addition to this Contract shall be in writing, signed by authorized representatives of the Parties and shall enter into force from the first of the month following the month the signing of such changes or additions (including changes as defined in paragraph 3 of Anex 3 and Anex 4 ).
10. TERMS OF CONFIDENTIALITY
10.1 For the purposes of this Contract, the term "Confidential Information" means any information under this Contract, which has actual or potential value by virtue of its unknown to third parties, not intended for wide distribution and / or usage by the general public, satisfying the requirements of the Russian legislation.
10.2 The Parties undertake to preserve the Confidential information and to take all necessary measures for its protection, including in case of reorganization or liquidation of the Parties. The Parties hereby agree not to divulge and prevent disclosure of confidential information to any third party without the prior written consent of the other parties, except in cases of unintentional and / or forced disclosure of confidential information by reason of force majeure or by the requirements of the Russian legislation, which came into force court of competent jurisdiction or legal requirements of competent bodies of state power and administration, provided that in the event of any such disclosure (a) The Party notifies in advance the other Party on the occurrence of the relevant event, which is connected with the need for disclosure of confidential information, as well as the terms and conditions of such disclosure; and
(b) The Party will disclose only that portion of the Confidential Information, the disclosure of which is necessary due to the application of the provisions of the Russian legislation, entered into force the decisions of courts of competent jurisdiction or legal requirements of competent bodies of state power and administration.
10.3 The Party shall be liable for the actions (inaction) of a third party, gain access to Confidential information.
10.4 For the purposes of this Contract "Disclosure of Confidential Information" means the unauthorized actions of the Party of the other Party, as a result of which any third party access and the opportunity to get acquainted with Confidential information. Disclosure of Confidential information is also recognized by omission of the Party, expressed in the failure to provide an adequate level of protection of confidential information and the resulting gain access to this information by any third parties.
10.5 The Party shall be liable for damages that may be caused by the other Party as a result of disclosure of Confidential information or unauthorized use of the Confidential Information in violation of the terms of this article, except as disclosure of Confidential information provided in this article.
10.6 The transmission of Confidential information shall be documented as the protocol signed by the authorized representatives of the Parties.
10.7 The transmission of Confidential information via open telephone and facsimile communication channels as well as by using the Internet without taking any protective measures that satisfy both parties is prohibited.
11. ANTICORRUPTION TERMS
11.1 When performing the obligations under this Contract, the Parties, and its affiliates, employees or intermediaries shall not pay, offer to pay, and allow the payment of any money amounts or value, directly or indirectly, to any person, to influence the actions or decisions of the persons in order to obtain any improper advantage or other unlawful purpose.
11.2 When performing the obligations under this Contract, the Parties, and its affiliates, employees or intermediaries shall not carry out activities that qualify apply for the purposes of this Contract by the legislation, as the cottage / receiving bribes, commercial bribery, as well as actions that violate the applicable legislation and international instruments on counteraction to legalization (laundering) of proceeds from crime.
11.3 Each of the Parties to this Contract waives stimulation in any way other Party employees, including through the provision of sums of money, gifts, gratuitous performance against them works (services) and others not specified in this paragraph means that places the employee in a certain dependence and aimed at ensuring compliance with this employee of any action in favor of stimulating his side.
Under the employee's activities carried out in favor of stimulating its Parties shall be understood:
giving an unfair advantage over other counterparties;
providing any guarantees;
acceleration of existing procedures;
other actions performed by the employee as part of their duties, but are contrary to the principles of transparency and openness in the relationship between the Parties.
11.4 In the event of a Party suspicions that any anti-corruption conditions violation occurred or may occur , the Party shall notify the other Party in writing. Upon written notification, the Party concerned has the right to suspend performance of its obligations hereunder to obtain confirmation that the violation did not happen or does not happen. This acknowledgment must be sent within 5 (five) working days from the date of written notification.
11.5 The written notification the party shall refer to the facts or provide materials reliably confirming or giving reason to believe that violation of any provision of these terms and conditions counterparty, its affiliates, employees or intermediaries expressed in actions, qualifying applicable law as bribery, commercial bribery, as well as actions that violate applicable legal requirements and international acts on counteraction to legalization of proceeds from crime has occurred or may occur.
11.6 The parties to this Agreement recognize performing procedures to prevent corruption and monitor compliance with them. The Parties shall make reasonable efforts to minimize the risk of business relations with counterparties, which may be involved in corrupt activities, and provide mutual assistance to each other in order to prevent corruption. The Parties shall ensure the implementation of procedures for conducting inspections in order to prevent the risk of the parties involved in corrupt activities.
11.7 For the purpose of anti-corruption audits The operator shall, within 5 (five) working days from the date of this Agreement, as well as at any time during the term of this Agreement, upon written request of the Subscriber submit the Subscriber information on the owners of the chain Operator (form is provided in Annex 5 ).
In the event of changes in the chain of owners of the Operator, the operator shall, within five (5) business days from the date of registration of such changes to provide relevant information to the Subscriber. Information is provided in hard copy, certified by the signature of the Director General or an authorized person on the basis of power of attorney and sent to the address of the recipient by mail with a list of contents. The date of information is the date of receipt by the Subscriber postal. Additional information is available in electronic form.
11.8 The Parties acknowledge that their possible illegal actions and violation of anti-corruption provisions of this Contract may result in adverse effects - by reducing counterparty reliability rating to significant restrictions on cooperation with the counterparty until the termination of this Contract.
11.9 The Parties shall ensure the proper implementation of the proceedings on the submitted in the framework of the execution of this Contract, the facts in compliance with the principles of confidentiality and the application of effective measures to address the practical difficulties and prevent possible conflicts.
11.10 The Parties guarantee complete confidentiality in the performance of anti-corruption provisions of this Contract, as well as the absence of negative consequences for circulating the Parties as a whole and for individual employees circulating Party Report Abuse fact.
11.11 In case of failure of the Operator to provide information, according to the article 11.7 of the Contract, the actual failure of such Information, the provision of information in violation of the terms established in this Contract, or the provision of false information the Subscriber is entitled to unilaterally withdraw from the Contract by giving written notice of termination of the Contract within 5 (five) working days from the date of notification.
11.12 In the case of the provision of information not in full the Subscriber sends a second request for information supplemented with missing information specifying the terms of its provision. In case of failure of such information, violation of the terms of its provision and the provision of false information the Subscriber has the right to unilaterally withdraw from the contract by giving written notice of termination of the Agreement within 5 (five) working days from the date of notification.
|
12.1Все извещения и другие сообщения, предусмотренные настоящим Договором, направляются в письменной форме и считаются направленными надлежащим образом, если они направлены (i) нарочным или по факсу, или (ii) пользующейся хорошей репутацией курьерской службой (с заранее оплаченными сборами) или заказной почтой (с оплаченными почтовыми сборами и с подтверждением вручения) в указанный ниже адрес Оператора, а также в адрес Абонента, указанный в Приложении №1 к настоящему Договору, за исключением случаев, когда прямо указан иной адрес:
|
12.1. All notices and other communications provided for in this Contract shall be in writing and shall be sufficiently given if made (i) by hand delivery or by facsimile, or (ii) by reputable express courier service (charges prepaid), or by registered or certified mail (postage prepaid and return receipt requested) to the address for the Operator as follows, and to the address of the Subscriber specified in Annex 1 to this Contract, unless otherwise expressly instructed:
|
