Common use of Anti-facilitation of tax evasion Clause in Contracts

Anti-facilitation of tax evasion. 25.1 The Supplier shall: (a) not engage in any activity, practice or conduct which would constitute either: (b) a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Xxx 0000; or (c) a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Xxx 0000; (d) comply with the Company’s Anti-Facilitation of Tax Evasion Policy and any relevant industry code on facilitation of tax evasion in each case as the Company or the relevant industry body may update them from time to time; (e) have and shall maintain in place throughout the term of this Agreement such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person (including without limitation employees of the Supplier) and to ensure compliance with Clause 25.1(a); (f) promptly report to the Company any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000; (g) if requested during the Term, certify to the Company in writing signed by one of the Supplier's officers, compliance with this clause 25 by the Supplier and all persons associated with the Supplier under clause 23.2. The Supplier shall provide such supporting evidence of compliance as the Company may reasonably request. 25.2 The Supplier shall ensure that any person associated with the Supplier who is performing Services and providing Goods in connection with this 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 the Supplier in this clause 25 (Relevant Terms). The Supplier shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Customer for any breach by such persons of any of the Relevant Terms. 25.3 Breach of this clause 25 shall be deemed a material breach under this Agreement. 25.4 For the purposes of clause 25, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000 and a person associated with the Supplier includes but is not limited to any subcontractor of the Supplier.

Appears in 2 contracts

Samples: Supply of Goods and Services Agreement, Supply of Goods and Services Agreement

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Anti-facilitation of tax evasion. 25.1 The 20.1 In performing its obligations under this Agreement, the Supplier shall: (a) 20.1.1 not engage in any activity, practice or conduct which would constitute either: (b) 20.1.1.1 a UK tax evasion facilitation offence offence under section 45(145(5) of the Criminal Finances Xxx 0000Act 2017; or (c) 20.1.1.2 a foreign tax evasion facilitation offence offence under section 46(146(6) of the Criminal Finances Xxx 0000Act 2017; (d) comply with the Company’s Anti-Facilitation of Tax Evasion Policy and any relevant industry code on facilitation of tax evasion in each case as the Company or the relevant industry body may update them from time to time; (e) 20.1.2 have and shall maintain in place throughout the term of this Agreement agreement such policies and procedures as are both reasonable reasonable 20.1.2.1 to prevent the facilitation of tax evasion by another person (including without limitation employees of the Supplier) and Supplier and 20.1.2.2 to ensure compliance with Clause 25.1(a);clause 20.1 (f) 20.1.3 promptly report to the Company Xxx.xx any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000Act 2017, in connection with the performance of this agreement; (g) if requested during 20.1.4 at Xxx.xx’s request, provide Xxx.xx with a statement of such steps it has taken to ensure compliance with the TermCriminal Finances Act 2017, certify together with such other information as Xxx.xx may reasonably require in order to undertake risk assessments to ensure that Xxx.xx is not facilitating tax evasion pursuant to the Company in writing signed by one of the Supplier's officers, compliance with this clause 25 by the Supplier and all persons associated with the Supplier under clause 23.2. The Supplier shall provide such supporting evidence of compliance as the Company may reasonably requestCriminal Finances Act 2017. 25.2 20.2 The Supplier shall ensure that any person associated with the Supplier who is performing Services and services and/or providing Goods goods in connection with this Agreement 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 the Supplier in this clause 25 (Relevant Terms). The Supplier shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Customer Xxx.xx for any breach by such persons of any of the Relevant Terms. 25.3 20.3 Breach of this clause 25 shall be deemed a material breach under of this Agreement. 25.4 20.4 For the purposes of clause 25this clause, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000 Act 2017 and a person associated with the Supplier includes [but is not limited to to] any subcontractor of the Supplier...

Appears in 1 contract

Samples: Master Services Agreement

Anti-facilitation of tax evasion. 25.1 The Supplier 18.1. In performing its obligations under this Agreement, PEOPLE shall: (a) 18.1.1. not engage in any activity, practice or conduct which would constitute either: (b) : • a UK tax evasion facilitation offence under section 45(145(5) of the Criminal Finances Xxx 0000Act 2017; or (c) or • a foreign tax evasion facilitation offence under section 46(146(6) of the Criminal Finances Xxx 0000Act 2017; (d) comply with the Company’s Anti-Facilitation of Tax Evasion Policy and any relevant industry code on facilitation of tax evasion in each case as the Company or the relevant industry body may update them from time to time; (e) 18.1.2. have and shall maintain in place throughout the term of this Agreement such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person (including without limitation employees of the SupplierPEOPLE) and to ensure compliance with Clause 25.1(a)clause 18.1.1; (f) 18.1.3. promptly report to the Company Agency any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000Act 2017, in connection with the performance of this Agreement; (g) if requested during 18.1.4. at the TermAgency’s request, certify provide the Agency with a statement of such steps it has taken to ensure compliance with the Criminal Finances Act 2017, together with such other information as the Agency may reasonably require in order to undertake risk assessments to ensure that the Agency is not facilitating tax evasion pursuant to the Company in writing signed by one of the Supplier's officers, compliance with this clause 25 by the Supplier and all persons associated with the Supplier under clause 23.2. The Supplier shall provide such supporting evidence of compliance as the Company may reasonably requestCriminal Finances Act 2017. 25.2 The Supplier 18.2. PEOPLE shall ensure that any person associated with the Supplier PEOPLE who is performing Services and services and/or providing Goods goods in connection with this 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 the Supplier PEOPLE in this clause 25 (Relevant Terms). The Supplier PEOPLE shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Customer Agency for any breach by such persons of any of the Relevant Terms. 25.3 18.3. Breach of this clause 25 shall be deemed a material breach under of this AgreementAgreement incapable of remedy. 25.4 18.4. For the purposes of clause 25this clause, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000 Act 2017 and a person associated with the Supplier PEOPLE includes [but is not limited to to] any subcontractor of the SupplierPEOPLE.

Appears in 1 contract

Samples: Master Agreement for the Supply of Agency Workers

Anti-facilitation of tax evasion. 25.1 The Supplier 16.1. In performing its obligations under this Agreement, the Subcontractor shall: (a) 16.1.1. not engage in any activity, practice or conduct which would constitute either: (b) 16.1.1.1. a UK tax evasion facilitation offence under section 45(145(5) of the Criminal Finances Xxx 0000Act 2017; or (c) 16.1.1.2. a foreign tax evasion facilitation offence under section 46(146(6) of the Criminal Finances Xxx 0000Act 2017; (d) comply with the Company’s Anti-Facilitation of Tax Evasion Policy and any relevant industry code on facilitation of tax evasion in each case as the Company or the relevant industry body may update them from time to time; (e) 16.1.2. have and shall maintain in place throughout the term of this Agreement agreement such policies and procedures as are both reasonable reasonable 16.1.2.1. to prevent the facilitation of tax evasion by another person (including without limitation employees of the SupplierSubcontractor) and and 16.1.2.2. to ensure compliance with Clause 25.1(a)clause 16.1.1; (f) 16.1.3. promptly report to the Company Orbital any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000Act 2017, in connection with the performance of this agreement; (g) if requested during 16.1.4. at Orbital’s request, provide Orbital with a statement of such steps it has taken to ensure compliance with the TermCriminal Finances Act 2017, certify together with such other information as Orbital may reasonably require in order to undertake risk assessments to ensure that Orbital is not facilitating tax evasion pursuant to the Company in writing signed by one of the Supplier's officers, compliance with this clause 25 by the Supplier and all persons associated with the Supplier under clause 23.2Criminal Finances Act 2017. 16.1.5. The Supplier shall provide such supporting evidence of compliance as the Company may reasonably request. 25.2 The Supplier Subcontractor shall ensure that any person associated with the Supplier Subcontractor who is performing Services and services and/or providing Goods goods in connection with this 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 the Supplier Subcontractor in this clause 25 (Relevant Terms). The Supplier the Subcontractor shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Customer Orbital for any breach by such persons of any of the Relevant Terms. 25.3 16.2. Breach of this clause 25 shall be deemed a material breach under this Agreementbreach. 25.4 16.3. For the purposes of clause 25this clause, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000 Act 2017 and a person associated with the Supplier Subcontractor includes [but is not limited to to] any subcontractor of the SupplierSubcontractor.

Appears in 1 contract

Samples: Master Agreement

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Anti-facilitation of tax evasion. 25.1 The Supplier 16.1. ISN shall: (a) 16.1.1 not engage in any activity, practice or conduct which would constitute either: (ba) a UK tax evasion facilitation offence under section 45(145(5) of the Criminal Finances Xxx 0000Act 2017; or (cb) a foreign tax evasion facilitation offence under section 46(146(6) of the Criminal Finances Xxx 0000Act 2017; (d) comply with the Company’s Anti-Facilitation of Tax Evasion Policy and any relevant industry code on facilitation of tax evasion in each case as the Company or the relevant industry body may update them from time to time; (e) 16.1.2 have and shall maintain in place throughout the term of this Agreement such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person (including without limitation employees of the SupplierISN’s) and to ensure compliance with Clause 25.1(a)16.1; (f) 16.1.3 promptly report to the Company Customer any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000Act 2017 in connection with the performance of this Agreement; (g) if requested during the Term, 16.1.4 annually certify to the Company Customer in writing signed by one an officer of the Supplier's officersISN’s, compliance with this clause 25 Clause 16 by the Supplier ISN and all persons associated with the Supplier it under clause 23.2Clause 16.2. The Supplier ISN shall provide such supporting evidence of compliance as the Company Customer may reasonably request. 25.2 The Supplier 16.2. ISN shall ensure that any person associated with the Supplier it who is performing Services and providing Goods in connection with this 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 the Supplier ISN in this clause 25 Clause 16 (“Tax Relevant Terms). The Supplier ISN shall be responsible for the observance and performance by such persons of the Tax Relevant Terms, and shall be directly liable to the Customer for any breach by such persons of any of the Tax Relevant Terms. 25.3 16.3. Breach of this clause 25 Clause 16 shall be deemed a material breach under this AgreementClause 8.2. 25.4 16.4. For the purposes of clause 25Clause 16, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000 Act 2017 and a person associated with the Supplier ISN includes but is not limited to any subcontractor of the SupplierISN’s.

Appears in 1 contract

Samples: Terms and Conditions for the Supply of Professional Services, Hardware and Packaged Software

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