9.1 Entity Status: The Company warrants that it is a corporation duly organized, validly existing, and in good standing under the laws of the Host State.
9.2 No action, suit, proceeding, or investigation: The Company represents and warrants that as of the Signature Date there is no action, suit, investigation or pending proceeding, or to the Company’s knowledge, threatened, against or affecting the Company or any property of the Company in any court or before any arbitrator of any kind or by any governmental authority that, individually or in the aggregate, could reasonably be expected to have a material adverse effect on the ability of the Company to perform its obligations under this Agreement, or the validity and enforceability of this Agreement.
9.3 Technical capabilities and financial resources: The Company represents and warrants that it has the necessary technical capability, experience, expertise, human resources, and financial resources to implement the Project in accordance with the Approved Business Plan and to comply in all respects with its obligations under this Agreement.
9.4 No violation: Neither the Company nor any of its Affiliates has been determined under any order, judgment, decree, or ruling of any court, arbitrator or other governmental authority to be in material violation of (i) any law, ordinance, rule, or regulation of any government relating to the protection of the environment, human rights, or labour rights or (ii) any agreement pursuant to which it is entitled to perform activities similar in nature to the Project, under the laws of any government.
9.5 No corruption: The Company, any Affiliate of the Company, or its directors, officers, or employees have not offered, promised, given, authorized, solicited, or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Agreement and that it has taken reasonable measures to prevent subcontractors, agents, or any other third parties, subject to its control or determining influence, from doing so.9
For more information: See generally ISLP & CCSI, 2016, Section 2.9 (Representations and Warranties).
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This is the International Chamber of Commerce Anti-corruption clause, lightly adapted. See https://iccwbo.org/publication/icc-anti-corruption-clause/. See generally Cotula, 2016, Section 5.4 (Anti-Corruption Measures); ISLP & CCSI, 2016, Section 2.15 (Anti-Bribery and Corruption).