ANTI-BRIBERY AND MODERN SLAVERY. Both Parties shall: 16.1.1 comply with all Applicable Laws relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 (“Relevant Requirements”); 16.1.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK; 16.1.3 have and shall maintain in place throughout the term of this agreement its own policies and procedures, including but not limited to adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with the Relevant Requirements and Clause 16.1.2 and will enforce them where appropriate; 16.1.4 promptly report to the other Party any request or demand for any undue financial or other advantage of any kind received by that Party in connection with the performance of this agreement. Breach of this Clause 16 shall be deemed a material breach under Clause 12. For the purpose of this Clause 16, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this Clause 16 a person associated with CSI includes but is not limited to any Personnel, supplier or sub-contractor of CSI. In performing its obligations under this agreement, CSI shall: 16.4.1 maintain throughout the term of this agreement its own policies and procedures to ensure its compliance with all applicable anti-slavery and human trafficking laws and regulations enacted from time to time, including (but not limited to) the Modern Slavery Xxx 0000 (“Anti-Slavery Legislation”); 16.4.2 not engage in any activity, practice or conduct that would constitute an offence under Anti-Slavery Legislation if such activity, practice or conduct were carried out in the UK; and 16.4.3 require that each of its Personnel, suppliers and sub-contractors in relation to this agreement shall comply with Anti-Slavery Legislation. As at the date on which this agreement commences in accordance with Clause 12.1, CSI warrants that to the best of its knowledge neither CSI nor any of its Personnel or other persons associated with it has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental or regulatory body regarding any offence or alleged offence in connection with slavery, human trafficking, bribery or corruption.
Appears in 3 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
ANTI-BRIBERY AND MODERN SLAVERY. Both Parties 13.1 You shall:
16.1.1 (a) comply with all Applicable Laws relating to antiapplicable Anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 (“Relevant Requirements”)Bribery Laws;
16.1.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK;
16.1.3 (b) have and shall maintain in place throughout the term of this agreement its Agreement Your own policies and procedures, procedures including but not limited to adequate procedures under the Xxxxxxx Xxx 0000, 0000 to ensure compliance with the Relevant Requirements and Clause 16.1.2 Anti-Bribery Laws and will enforce them where appropriate;
16.1.4 (c) promptly report to the other Party Us any request or demand for any undue financial or other advantage of any kind received by that Party You receive in connection with the performance of this the agreement. Breach of this Clause 16 shall be deemed a material breach under Clause 12. For the purpose of this Clause 16, the meaning of adequate procedures and foreign public official and whether a person is associated .
(d) comply with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and shall not by any guidance issued under section 9 of that Act), sections 6(5act or omission put Us or any company in Our Group in breach of) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this Clause 16 a person associated with CSI includes but is not limited any Applicable Regulations from time to any Personnel, supplier or sub-contractor of CSI. In performing its obligations under this agreement, CSI shall:
16.4.1 maintain throughout the term of this agreement its own policies and procedures time in force relating to ensure its compliance with all applicable anti-slavery and human trafficking laws and regulations enacted from time to time, including (but not limited to) without limitation the Modern Slavery Xxx 0000 (“Anti-Slavery Legislation”)0000;
16.4.2 not engage in any activity(e) implement due diligence procedures for its own suppliers, practice or conduct that would constitute an offence under Anti-Slavery Legislation if such activity, practice or conduct were carried out in the UK; and
16.4.3 require that each of its Personnel, suppliers and sub-contractors and other participants in relation its supply chains to this agreement shall comply with Anti-Slavery Legislation. As at the date on which this agreement commences ensure that that there is no slavery or human trafficking in accordance with Clause 12.1its supply chains;
13.2 You represent, CSI warrants that to the best of its knowledge warrant and undertake that, having made reasonable enquiries, neither CSI You nor any of its Personnel Your officers or other persons associated with it employees has been convicted of any offence under the Anti- Bribery Laws or is involving slavery or human trafficking or has been the subject of any investigation, inquiry investigation by a regulatory or law enforcement proceedings by any governmental or regulatory body regarding any such an offence or alleged offence offence.
13.3 You shall ensure that any person associated with You who is performing services in connection with slaverythis Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on You in this Clause 13 (Relevant Terms). You shall be responsible for the observance and performance by such persons of the Relevant Terms, human traffickingand shall be directly liable to Us for any breach by such persons of any of the Relevant Terms.
13.4 You shall within 12 months of the date of this Agreement, bribery or corruptionand annually thereafter, certify to Us in writing that You and all persons associated with You are fully complying with Your obligations under this Clause 13, and You shall provide such supporting evidence of compliance as We may reasonably request.
13.5 A breach of this Clause 13 may be treated as an irremediable breach of contract by the other party.
Appears in 2 contracts
Samples: Intermediary Agreement, Intermediary Agreement
ANTI-BRIBERY AND MODERN SLAVERY. Both Parties 14.1 The Supplier shall:
16.1.1 (a) comply with all Applicable Laws applicable laws, regulations and sanctions relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 (“Relevant Requirements”);
16.1.2 (b) not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
16.1.3 have and shall maintain in place throughout the term of this agreement its own policies and procedures, including but not limited to adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance (c) comply with the Customer’s Ethics and Anti-bribery and Anti- corruption Policies as the Customer may update them from time to time (Relevant Requirements and Clause 16.1.2 and will enforce them where appropriatePolicies);
16.1.4 (d) promptly report to the other Party Customer any request or demand for any undue financial or other advantage of any kind received by that Party the Supplier in connection with the performance of this agreement;
(e) ensure that all persons associated with the Supplier or other persons who are performing Services in connection with this agreement comply with this clause 14.1; and
(f) within 3 months of the date of this agreement, and annually thereafter, certify to the Customer in writing, its compliance with this clause 14.1.
14.2 The Supplier undertakes and warrants that:
(a) neither the Supplier nor any of its officers, employees, agents or subcontractors has:
(i) committed an offence under the Modern Slavery Act 2015 (a "MSA Offence"); or
(ii) been notified that it is subject to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015; or
(iii) is aware if any circumstances within its supply chain that could give rise to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015;
(b) it shall comply with the Modern Slavery Act 2015 and the Modern Slavery Policy; and
(c) it shall notify the Customer immediately in writing if it becomes aware or has reason to believe that it, or any of its officers, employees, agents or subcontractors have, breached or potentially breached any of Supplier’s obligations under this Clause 14.2. Breach Such notice to set out full details of the circumstances concerning the breach or potential breach of Supplier’s obligations.
14.3 Any breach of this Clause 16 14 by the Supplier shall be deemed a material breach under Clause 12. For the purpose of this Clause 16, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (agreement and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For shall entitle the purposes of this Clause 16 a person associated with CSI includes but is not limited Customer to any Personnel, supplier or sub-contractor of CSI. In performing its obligations under this agreement, CSI shall:
16.4.1 maintain throughout terminate the term of this agreement its own policies and procedures to ensure its compliance with all applicable anti-slavery and human trafficking laws and regulations enacted from time to time, including (but not limited to) the Modern Slavery Xxx 0000 (“Anti-Slavery Legislation”);
16.4.2 not engage in any activity, practice or conduct that would constitute an offence under Anti-Slavery Legislation if such activity, practice or conduct were carried out in the UK; and
16.4.3 require that each of its Personnel, suppliers and sub-contractors in relation to this agreement shall comply with Anti-Slavery Legislation. As at the date on which this agreement commences in accordance with Clause 12.1, CSI warrants that to the best of its knowledge neither CSI nor any of its Personnel or other persons associated with it has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental or regulatory body regarding any offence or alleged offence in connection with slavery, human trafficking, bribery or corruption12.
Appears in 1 contract
Samples: Contract for the Supply and Installation of a Workforce Management System
ANTI-BRIBERY AND MODERN SLAVERY. Both Parties
13.1 You shall:
16.1.1 (a) comply with all Applicable Laws relating to antiapplicable Anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 (“Relevant Requirements”)Bribery Laws;
16.1.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK;
16.1.3 (b) have and shall maintain in place throughout the term of this agreement its Agreement Your own policies and procedures, procedures including but not limited to adequate procedures under the Xxxxxxx Xxx 0000, 0000 to ensure compliance with the Relevant Requirements and Clause 16.1.2 Anti-Bribery Laws and will enforce them where appropriate;
16.1.4 (c) promptly report to the other Party Us any request or demand for any undue financial or other advantage of any kind received by that Party You receive in connection with the performance of this the agreement. Breach of this Clause 16 shall be deemed a material breach under Clause 12. For the purpose of this Clause 16, the meaning of adequate procedures and foreign public official and whether a person is associated .
(d) comply with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and shall not by any guidance issued under section 9 of that Act), sections 6(5act or omission put Us or any company in Our Group in breach of) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this Clause 16 a person associated with CSI includes but is not limited any Applicable Regulations from time to any Personnel, supplier or sub-contractor of CSI. In performing its obligations under this agreement, CSI shall:
16.4.1 maintain throughout the term of this agreement its own policies and procedures time in force relating to ensure its compliance with all applicable anti-slavery and human trafficking laws and regulations enacted from time to time, including (but not limited to) without limitation the Modern Slavery Xxx 0000 (“Anti-Slavery Legislation”)0000;
16.4.2 not engage in any activity(e) implement due diligence procedures for its own suppliers, practice or conduct that would constitute an offence under Anti-Slavery Legislation if such activity, practice or conduct were carried out in the UK; and
16.4.3 require that each of its Personnel, suppliers and sub-contractors and other participants in relation its supply chains to this agreement shall comply with Anti-Slavery Legislation. As at the date on which this agreement commences ensure that that there is no slavery or human trafficking in accordance with Clause 12.1its supply chains;
13.2 You represent, CSI warrants that to the best of its knowledge warrant and undertake that, having made reasonable enquiries, neither CSI You nor any of its Personnel Your officers or other persons associated with it employees has been convicted of any offence under the Anti- Bribery Laws or is involving slavery or human trafficking or has been the subject of any investigation, inquiry investigation by a regulatory or law enforcement proceedings by any governmental or regulatory body regarding any such an offence or alleged offence offence.
13.3 You shall ensure that any person associated with You who is performing services in connection with slaverythis Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on You in this Clause 13 (Relevant Terms). You shall be responsible for the observance and performance by such persons of the Relevant Terms, human traffickingand shall be directly liable to Us for any breach by such persons of any of the Relevant Terms.
13.4 You shall within 12 months of the date of this Agreement, bribery or corruptionand annually thereafter, certify to Us in writing that You and all persons associated with You are fully complying with Your obligations under this Clause 13, and You shall provide such supporting evidence of compliance as We may reasonably request.
13.5 A breach of this Clause 13 may be treated as an irremediable breach of contract by the other party.
Appears in 1 contract
Samples: Intermediary Agreement