Common use of Anti-Corruption, Anti-Collusion and Tax Evasion Clause in Contracts

Anti-Corruption, Anti-Collusion and Tax Evasion. 11.1 The Supplier warrants: 11.1.1 that it, and any Relevant Person, has and will retain in place, and undertakes that it, and any Relevant Person, will comply with policies and procedures to avoid the risk of bribery (as set out in the Bribery Act 2010), tax evasion (as set out in the Criminal Finances Act 2017) and fraud within its organisation and in connection with its dealings with other parties, whether in the UK or overseas; and 11.1.2 that it, and any Relevant Person, has not engaged and will not at any time engage, in any activity, practice or conduct which would constitute either: (i) a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act 2017; or (ii) a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Act 2017; and 11.1.3 that it, and any Relevant Person, has not colluded, and undertakes that it will not at any time collude, with any third party in any way in connection with this Agreement (including in respect of pricing under this Agreement). Nothing under this clause 11.1 is intended to prevent the Supplier from discussing the terms of this Agreement and the Supplier’s pricing with the Supplier’s professional advisors. 11.2 If the Supplier, or any Relevant Person, breaches any of its obligations set out in clause 11.1 then the Supplier shall promptly notify the British Council of any such breach(es) and the British Council shall be entitled to takes the steps set out at clause 11.3 below. 11.3 In the circumstances described at clause 11.2, and without prejudice to any other rights or remedies which the British Council may have, the British Council may: 11.3.1 terminate this Agreement without liability to the Supplier immediately on giving notice to the Supplier; and/or 11.3.2 require the Supplier to take any steps the British Council reasonably considers necessary to manage the risk to the British Council of contracting with the Supplier (and the Supplier shall take all such steps and shall if required provide evidence of its compliance); and/or 11.3.3 reduce, withhold or claim a repayment (in full or in part) of the charges payable under this Agreement; and/or 11.3.4 share such information with third parties. 11.4 For the purposes of this clause 11, the expression “Relevant Person” shall mean all or any of the following: (a) Relevant Persons; and (b) any Relevant Person employed or engaged by a Relevant Person.