Anti-collusion. 6.1 Subject to clause 6.2, no Applicant shall, and each Applicant shall ensure that its representatives and Affiliates do not, at any time on or before the Conditions Precedent Satisfaction Date: 6.1.1 fix or adjust under or in accordance with any agreement or arrangement with any Third Party the amount of any payment (including any franchise payment) proposed in connection with the possible letting of the Franchise to the Applicants; 6.1.2 communicate to any person other than as expressly permitted by the terms of this Agreement the amount or approximate amount of any payment (including any franchise payment) so proposed; 6.1.3 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 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; 6.1.4 pay, give or offer to pay or give any sum of money 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 of the actions referred to at clauses 6.1.1 to 6.1.3 and 6.1.5; or 6.1.5 disclose to any person other than the Secretary of State and except as permitted by this Agreement the whole or any part or any details of the Letting Proposal. 6.2 The provisions of clause 6.1 shall not apply to the Applicants: 6.2.1 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; 6.2.2 to the extent that any Applicant discloses details of the Lettings Proposal in confidence to any person with whom it is necessary in order to achieve the Agreed Purpose that the Applicant negotiates or enters into any contract; and 6.2.3 to the extent agreed in writing by the Secretary of State.
Appears in 3 contracts
Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement
Anti-collusion. 6.1 7.1 Subject to clause 6.27.2, no the Applicant shallshall not, and each Applicant shall ensure that its representatives and Affiliates do not, at any time on or before the Conditions Precedent Satisfaction Date:
6.1.1 7.1.1 fix or adjust under or in accordance with any agreement or arrangement with any Third Party the amount of any payment (including any franchise payment) proposed in connection with the possible letting of the Franchise to by the ApplicantsApplicant;
6.1.2 7.1.2 communicate to any person other than as expressly permitted by the terms of this Agreement the amount or approximate amount of any payment (including any franchise payment) so proposed;
6.1.3 7.1.3 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 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;
6.1.4 7.1.4 pay, give or offer to pay or give any sum of money 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 of the actions referred to at clauses 6.1.1 7.1.1 to 6.1.3 7.1.3 and 6.1.57.1.5; or
6.1.5 7.1.5 disclose to any person other than the Secretary of State and except as permitted by this Agreement the whole or any part or any details of the Letting Proposal.
6.2 7.2 The provisions of clause 6.1 7.1 shall not apply to the ApplicantsApplicant:
6.2.1 7.2.1 to the extent that any the 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;
6.2.2 7.2.2 to the extent that any the Applicant discloses details of the Lettings Letting Proposal in confidence to any person with whom it is necessary in order to achieve the Agreed Purpose that the Applicant negotiates or enters into any contract; and
6.2.3 7.2.3 to the extent agreed in writing by the Secretary of State.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Anti-collusion. 6.1 7.1 Subject to clause 6.27.2, no Applicant shall, and each Applicant shall ensure that its representatives and Affiliates do not, at any time on or before the Conditions Precedent Satisfaction Date:
6.1.1 7.1.1 fix or adjust under or in accordance with any agreement or arrangement with any Third Party the amount of any payment (including any franchise payment) proposed in connection with the possible letting of the Franchise to the Applicants;
6.1.2 7.1.2 communicate to any person other than as expressly permitted by the terms of this Agreement the amount or approximate amount of any payment (including any franchise payment) so proposed;
6.1.3 7.1.3 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 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;
6.1.4 7.1.4 pay, give or offer to pay or give any sum of money 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 of the actions referred to at clauses 6.1.1 7.1.1 to 6.1.3 7.1.3 and 6.1.57.1.5; or
6.1.5 7.1.5 disclose to any person other than the Secretary of State and except as permitted by this Agreement the whole or any part or any details of the Letting Proposal.
6.2 7.2 The provisions of clause 6.1 7.1 shall not apply to the Applicants:
6.2.1 7.2.1 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;
6.2.2 7.2.2 to the extent that any Applicant discloses details of the Lettings Letting Proposal in confidence to any person with whom it is necessary in order to achieve the Agreed Purpose that the Applicant negotiates or enters into any contract; and
6.2.3 7.2.3 to the extent agreed in writing by the Secretary of State.
Appears in 1 contract
Samples: Franchise Agreement