Nautilus 2006 Annual Report Download - page 94
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while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given,
or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political
party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office.
13
officers, directors and agents of Seller employed in the Business or operations of the Business. Except as set forth on
Schedule 3.15, no employee of Seller has suffered any industrial injury resulting from employment with Seller or filed a
claim for compensation related to any industrial injury or condition of employment resulting from employment with Seller.
Article 3.16 Employee Plans . Schedule 3.16 contains a complete and accurate list of all Employee Plans and Seller has no other
obligations, contingent or otherwise, relating to any Employee Plans. Seller has delivered to Buyer true and complete copies
of all Employee Plans, including trust agreements and insurance contracts embodying such plans, funds, programs or
arrangements.
Article 3.17
Compliance with the Foreign Corrupt Practices Act and Export Control and Anti
-
Boycott Laws
.
(a)
Except as identified in Schedule 3.21, neither Seller nor any of its representatives or agents have, to obtain or retain business,
directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value
(including any fee, gift, sample, travel expense or entertainment with a value in excess of one hundred dollars ($100.00) or
the equivalent thereof in RMB in the aggregate to any one individual in any year) or any commission payment payable, to:
(i) any person who is an official, officer, agent, employee or representative of any Government Authority or of any
existing or prospective customer (whether government owned or non
-
government owned);
(ii)
any political party or official thereof;
(iii)
any candidate for political or political party office; or
(iv)
any other individual or entity;
(b) Except as set forth in Schedule 3.17(b), Seller has made all payments to third parties by check mailed to such third parties’
principal place of business or by wire transfer to a bank located in the same jurisdiction as such party’s principal place of
business.
(c) Each transaction is properly and accurately recorded on the books and records of Seller, and each document upon which
entries in Seller
’
s books