Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
(b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, di...
Conflict of Interest and Non-Solicitation. (a) Prior to the City's execution of this Agreement, GRANTEE shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, GRANTEE shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by GRANTEE in such statement.
(b) GRANTEE shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, GRANTEE shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, GRANTEE and the respective subcontractor(s) are in full compliance with all laws and regulations. GRANTEE shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, GRANTEE shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, GRANTEE shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) GRANTEE represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(e) Neither GRANTEE, nor any of GRANTEE subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. GRANTEE and any of its subcontractors shall have no interest, direct o...
Conflict of Interest and Non-Solicitation. 9.19.1. Program Manager represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of Work required hereunder. Program Manager further represents that no persons having any such interest shall be employed, or sub-contracted, to perform the Work. Program Manager shall not conduct or solicit any non-District business while on Owner’s property or time. Program Manager agrees to require each of its employees and each of its Subconsultants and Subcontractors’ employees to execute a corresponding Conflict of Interest Affidavit, prior to commencing the Work. Program Manager understands that in the event Owner discovers that a conflict exists, the Owner shall have the right to terminate this Agreement immediately.
9.19.2. Throughout the course of the Project, Program Manager shall provide certain Work which will require it to work closely with Owner’s employee’s and engage in certain similar tasks and functions. Program Manager acknowledges that Owner has legitimate business interests to justify the restrictive covenants in this article (hereinafter referred to as the “Covenant not to Solicit Employees”) and that each of the restraints contained in the Covenant not to Solicit Employees are reasonably necessary to protect the Owner’s legitimate business interests. The protective Covenant not to Solicit Employees is specifically designed to prevent the Program Manager or Program Manager’s Subconsultants and Subcontractors (collectively referred to as the “Covenanting Parties”) from soliciting or hiring any and all employees of the Owner as set forth herein. The parties further agree that this Covenant Not to Solicit Employees is neither overbroad, nor overlong, nor otherwise inappropriate. The parties acknowledge receiving an opportunity to review this Covenant Not to Solicit Employees with counsel, that this Covenant Not to Solicit Employees was the result of negotiation between the parties, and that the parties desire to be bound by this Covenant Not to Solicit Employees in order to extend their working relationship and in consideration of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
9.19.3. The parties agree that the Covenanting Parties shall not solicit or attempt to persuade any current employee of the Owner to terminate his or her employment with the Owner and accept employment with the Covenanting Party. Th...
Conflict of Interest and Non-Solicitation. (a) ENGINEER shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). ENGINEER shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, ENGINEER shall immediately notify DISTRICT of these facts in writing.
(b) In performing the work or services to be provided hereunder, ENGINEER shall not employ or retain the services of any person while such person either is employed by DISTRICT.
(c) ENGINEER represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefit hereunder.
(d) ENGINEER has the potential for conflicts of interest in providing professional services to property owners or developers for projects within the DISTRICT limits or sphere of influence for the DISTRICT. In order to avoid such conflicts, without the consent of the DISTRICT, ENGINEER shall not bid for or perform any services pursuant to any contract in connection with any private development project located within the DISTRICT limits or sphere of influence for the DISTRICT during the term of this Agreement.
(e) If ENGINEER should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, ENGINEER shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Vendor shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit
Conflict of Interest and Non-Solicitation. (a) Prior to the City's execution of this Agreement, the Contractor shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Contractor shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Contractor in such statement.
(b) The Contractor shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Contractor shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Contractor and the respective subcontractor(s) are in full compliance with all laws and regulations. The Contractor shall take, and require its subcontractors to take, reasonable DocuSign Envelope ID: 131B4BD3-6796-4E98-B3C3-167BA921CD1C steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Contractor shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Contractor shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) The Contractor represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Contractor, nor any of the Contractor's subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless full...
Conflict of Interest and Non-Solicitation. 6.1 The Contractor shall not, during the term of this Agreement shall not become, a party to any agreement or subject to any obligation which would impede or prohibit its proper execution and observance of this Agreement.
6.2 During the term of this Agreement and for 24 months thereafter, the Contractor will not, directly or indirectly, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Customer’s Clients.
6.3 The Contractor is free to provide services to other clients, so long as such other clients are not in competition with the Company and so long as there is no interference with the Contractor’s contractual obligations to the Company.
Conflict of Interest and Non-Solicitation. 6.1 The Sub-Contractor shall not, during the term of this Agreement shall not become, a party to any agreement or subject to any obligation which would impede or prohibit its proper execution and observance of this Agreement or may create potential conflicts with the Customers.
6.2 During the term of this Agreement and for 24 months thereafter, the Sub-Contractor will not, directly or indirectly, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Customers.
6.3 Company shall not solicit the staff of the Sub-Contractor, without the Sub-Contractor’s prior written consent, as an employee, subcontractor, or independent contractor of Company for work to be performed for Customer. This section will not extend to prohibit solicitations for employment of contractor(s) by Company’s Customers. Sub-Contractor and Company agree not to solicit for employment, employ or contract with each other’s contractor(s) (including employees and subcontractors) throughout the term of any Job Order, and for a one-year period after the termination of this Agreement.
6.4 The Sub-Contractor is free to provide services to other clients, so long as such other clients are not in competition with the Company and so long as there is no interference with the Sub- Contractor’s contractual obligations to the Company or the Customers.
Conflict of Interest and Non-Solicitation. Yamabe & Horn shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Yamabe & Horn shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Yamabe & Horn and the respective subcontractor(s) are in full compliance with all laws and regulations. Yamabe & Horn shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Yamabe & Horn shall immediately notify City of these facts in writing. In performing the work or services to be provided hereunder, Yamabe & Horn shall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, or a commission, or similar City body. Yamabe & Horn represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefit hereunder. Neither Yamabe & Horn, nor any of Yamabe & Horn’s subcontractors performing any services under this Agreement shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Agreement unless fully disclosed to and approved by the City Manager, in advance and in writing. Yamabe & Horn and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Agreement unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City under this provision, Yamabe & Horn shall remain responsible for complying with Section 12(a) above. If Yamabe & Horn should subcontract all or any portion of the work to...
Conflict of Interest and Non-Solicitation
