Common use of Anti-collusion Clause in Contracts

Anti-collusion. 5.1 Subject to clause 5.2, no Applicant shall, and the Applicants shall ensure that their representatives and Associated Entities do not, at any time on or before the Conditions Precedent Satisfaction Date: 5.1.1 fix or adjust the amount of any payment proposed or to be proposed in connection with its Letting Proposal (including any franchise payment) by or in accordance with any agreement or arrangement with any Alternative Applicant or Associated Entity of an Applicant (other than a member of its own consortium or supply chain); 5.1.2 communicate to any person other than as expressly permitted by the terms of this Deed the amount or approximate amount of any payment (including any franchise payment) so proposed; 5.1.3 enter into any agreement or arrangement with any person that such person shall refrain from making any proposal for the letting of the Franchise or as to the amount of any payment (including any franchise payment) proposed or to be proposed in connection with any such proposal for the letting of the Franchise to be submitted or that such person should amend or withdraw any such proposal once offered or vary the amount of any payment (including any franchise payment) proposed or to be proposed in connection with any such proposal; 5.1.4 cause or induce any person to enter into an agreement to inform the Applicant of the amount or approximate amount of any other proposal for the letting of the Franchise; 5.1.5 pay, give or offer or agree to pay or give any sum of money, inducement or other valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other proposal for the letting of the Franchise any act or omission; or 5.1.6 disclose to any person other than the Secretary of State and except as permitted by this Deed the whole or any part or any details of the Letting Proposal. 5.2 The provisions of clause 5.1 shall not apply to the Applicants: 5.2.1 to the extent that any Applicant discloses the approximate amount of any payment proposed in connection with the Letting Proposal in confidence in order to obtain any insurance premium quotations required for the purposes of and in compliance with any written requirement of the Secretary of State; 5.2.2 to the extent that any Applicant discloses details of the Letting Proposal in confidence to any person with whom it is necessary that the Applicant negotiates or enters into any contract in order to achieve the Agreed Purpose; and 5.2.3 to the extent agreed in writing by the Secretary of State.

Anti-collusion. 5.1 12.1 Subject to clause 5.212.2, no Applicant shall, and the Applicants shall ensure that their representatives, Associated Entities and representatives and of their Associated Entities do not, at any time on or before the Conditions Precedent Satisfaction Franchise Start Date: 5.1.1 12.1.1 fix or adjust the amount of any payment proposed or to be proposed in connection with its an Applicant's Letting Proposal (including any franchise payment) by or in accordance with any agreement agreement, arrangement or arrangement understanding with any Alternative Applicant or Alternative Associated Entity or any representative of an any Alternative Applicant (other than a member of its own consortium or supply chain)Alternative Associated Entity; 5.1.2 12.1.2 communicate to any person person, other than as expressly permitted by the terms of this Deed Deed, the amount or approximate amount of any payment (including any franchise payment) so proposed; 5.1.3 12.1.3 enter into any agreement or arrangement with any person that such person shall refrain from expressing an interest in the Franchise Letting Process or responding to the Franchise specific questionnaire, or from making any proposal for the letting of the Franchise Franchise, or as in relation to the terms (including payment terms, the amount of any franchise payment (including any franchise or other payment) proposed or to be proposed in connection with any such proposal for the letting of the Franchise to be submitted Franchise, or that such person should shall withdraw such interest once expressed or amend or withdraw any such proposal once offered or vary the terms (including the amount of any franchise payment (including any franchise or other payment) proposed or to be proposed in connection with any such proposal; 5.1.4 12.1.4 cause or induce any person to enter into an agreement to inform the an Applicant of the amount or approximate amount of any other proposal for the letting of the Franchise; 5.1.5 12.1.5 pay, give or offer or agree to pay or give any sum of money, inducement or other valuable consideration directly or indirectly to any person for doing or having done done, or refraining from doing, or causing or having caused to be done in relation to any other expression of interest in the Franchise Letting Process, response to the Franchise specific questionnaire or proposal for the letting of the Franchise any act or omission; or 5.1.6 12.1.6 disclose to any person other than the Secretary of State and except as permitted by this Deed the whole or any part or any details of the Letting Proposal. 5.2 12.2 The provisions of clause 5.1 12.1 shall not apply to the Applicants: 5.2.1 12.2.1 to the extent that any Applicant discloses the approximate amount of any payment proposed in connection with the Letting Proposal in confidence to a broker or insurer in order to obtain any insurance premium quotations required for the purposes of and in compliance with any written requirement of the Secretary of State; 5.2.2 12.2.2 to the extent that any Applicant discloses details of the Letting Proposal in confidence to any person with whom it is necessary that the Applicant negotiates or enters into any contract in order to achieve the Agreed Purpose; and 5.2.3 12.2.3 to the extent agreed in writing by the Secretary of State.