This Remediation Agreement (“Agreement”) is effective as of [DATE];
BETWEEN: [NAME OF THE COMPANY] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE] with its head office located at:
AND: [PROSECUTOR, DEPARTMENT] (the "Prosecutor"), under the Government of [State/Province] of [STATE/PROVINCE], with its office located at:
WHEREAS, the Company is in the business of [SPECIFY DETAILS OF BUSINESS];
WHEREAS, the Company has been charged with [SPECIFY THE OFFENCE];
WHEREAS, the Prosecutor, under the [SPECIFY THE LAW] has agreed to enter into this Agreement with the Company to remediate the Offence committed by it (“Remediation”);
WHEREAS, both Parties affirm to understand all of the provisions contained in this Agreement and in case either Party requires clarification as to one or more of the provisions contained herein, either Party has requested clarification or otherwise sought guidance;
NOW THEREFORE in consideration and as a condition of the Company and the Prosecutor entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:
PURPOSE OF THIS AGREEMENT
The main purposes of
greement would be:
wrongdoing and the harms that such wrongdoing has caused to victims or to the community;
To hold the
accountable for the wrongdoing;
To require the
to put measures in place to correct the problem and prevent similar problems in the future;
To reduce harm that a criminal conviction of
could have for employees, shareholders and other third parties who did not take part in the
To help repair harm done to victims or to the community, including through reparations and restitution.
CHARGES AGAINST THE COMPANY
The Prosecutor has charged the Company with the following
[SPECIFY IN DETAIL THE OFFENCE THE COMPANY HAS BEEN CHARGED WITH].
This Agreement is entered into solely for
acceptance of the cha
rges levied against
by the Prosecutor
remediate for the
committed by it
. Accordingly, except as set forth herein,
acknowledges that the
has admitted fault, wrongdoing, liability,
and shall remediate in accordance with the
provisions of this Agreement
The Company shall take such measures which are agreed between the
listed under Annexure A – Remediation
which is attached to this Agreement
By performing the Remediation Activities, this Agreement
would provide an incentive to rectify
of the Company
and this shall avoid
the negative consequences of a criminal conviction
shall make a good faith effort to
repair or take measures to repair the damage done to the
third parties that are not a
arty to this Agreement.
The Company shall pay the
enalty which is agreed between the
arties and is
in this Agreement.
The Prosecutor has determined that [AMOUNT OF PENALTY] shall be paid by the Company as a Penalty for the
which it has been charged. The
enalty shall be paid on [DATE] via [MODE].
RELINQUISH THE BENEFITS
The Prosecutor has determined that the Company has benefitted by the Offence
by it. After the execution of this Agreement, the Company shall denounce all possible benefits which
it received by committing such
TERM OF THE AGREEMENT
This Agreement shall be effective from the date of this Agreement until the
is completed by
, subject to the other provisions of this Agreement.
STANDARD OF CARE
degree of skill and care.
is fully responsible for identification and avoidance of any and all underground utilities or other obstructions encountered while performing the
fails to meet any specification of the
as outlined in this Agreement, the
in writing of the deficiency. If
does not correct the deficiency within thirty (30) days,
shall be in breach of contract and the
may terminate this Agreement.
The Company shall be liable
for prosecution by the Prosecutor if this Agreement is terminated due to the Non-Performance of the Remediation
BREACH OF THE TERMS OF THE AGREEMENT
If the Company fails to remediate
ffence committed by it in accordance with the terms of Annexure A – Remediation
, the Prosecutor shall
initiate Criminal Proceedings
against the Company for the Offence which the Company is charged with.
AGREEMENT BECOMES EFFECTIVE
This Agreement shall come into force on the date the Judg
e of [
COURT] shall give
No modification to, waiver of, or cancellation of any term of this Agreement shall be valid unless it is in writing and signed by both Parties.
shall have no liability to the
greement if it is prevented from or delayed in performing its obligations under this
greement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Service Provider or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Service Provider or sub-contractors, provided that the client is notified of such an event and its expected duration.
LEGAL AND BINDING
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in [COUNTRY]. The Parties each represent that they have the authority to enter into this Agreement.
In the event that any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
greement, and any documents referred to in it, constitute the whole
greement between the
arties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Each of the
arties acknowledges and agrees that in entering into this
it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this
greement or not) relating to the subject matter of this agreement, other than as expressly set out in this
LANGUAGE AND GOVERNING LAW
This Remediation Agreement shall be governed by and construed and enforced in accordance with the laws of the [State/Province] of [STATE/PROVINCE], which law shall prevail in the event of any conflict of the
arties hereto acknowledge that they requested that this Agreement and all related documents be drafted in English, that any notice to be given hereunder be given in English, and that any proceedings between the
arties relating to this Agreement be drafted in English.
IN WITNESS WHEREOF, the Parties have executed this Agreement on [DATE].
Authorized Signature Authorized Signature
Print Name and Title Print Name and Title