CORRUPT GIFTS AND PAYMENTS. 25.1 The Company shall not:
25.1.1 offer or give, or agree to give, to any employee or representative of the Hospital or the Agents any gift or consideration of any kind as an inducement or reward for doing, or refraining from doing or having done or refrained from doing, any act in relation to the obtaining or execution of this Agreement or any other agreement with the Hospital or for showing or refraining from showing favour or disfavour to any person in relation to this Agreement or any other agreement; or
25.1.2 enter into this or any other Agreement with the Hospital in connection with which commission has been paid by him or on his behalf, or with his knowledge, unless before the Agreement is made, particulars of any such commission and the terms and conditions of any agreement for the payment thereof have been disclosed in writing to the Hospital.
25.2 Any breach of this clause, by the Company or by anyone acting on his behalf or employed by him, whether with or without his knowledge, or the commission of any offence by the Company or by anyone acting for him or employed by him under the Xxxxxxx Xxx 0000 in relation to this or any other agreement shall entitle the Hospital to terminate this Agreement and recover from the Company the amount of any loss resulting from such a termination and/or recover from the Company the amount or value of such gift, consideration or commission.
CORRUPT GIFTS AND PAYMENTS. A12.1 The Contractor shall not receive or agree to receive from any person, or offer or give, or agree to give, to any employee, agent, servant or representative of DCLG any gift or consideration of any kind as an inducement or reward for doing or refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of this or any other contract with DCLG or for showing or refraining from showing favour or disfavour to any person in relation to this or any such contract.
A12.2 The Contractor shall not conspire with any person to do any of the acts mentioned in Clauses A12.1.
A12.3 The Contractor shall not enter into the Contract if in connection with it commission has been paid or is agreed to be paid to any employee, agent, servant or representative of DCLG by the Contractor or on the Contractor’s behalf, unless before the Contract is made particulars of any such commission and the terms of any agreement for the payment thereof have been disclosed in writing to DCLG’s Commercial Representative.
A12.4 In the event that the Contractor or the Contractor’s Personnel or anyone acting on the Contractor’s behalf (with or without its knowledge) breaches Clauses A12.1-A12.3 or commits an offence under the Prevention of Corruption Acts 1889 to 1916 DCLG reserves the right to terminate the Contract by notice in writing with immediate effect and recover from the Contractor any loss resulting from such termination including the administrative costs of re-tendering the requirement and any difference in the rates or prices which DCLG may have to pay to a new contractor where such rates or prices are higher than the rates or prices payable under the Contract and/or the amount or value of the gift, consideration or commission.
A12.5 Any decision of DCLG in relation to this Condition A12 shall be final and conclusive.
CORRUPT GIFTS AND PAYMENTS. 20.1 The Customer shall be entitled to cancel and terminate the Agreement and to recover from the Supplier the amount of any loss resulting from such cancellation or termination if the Supplier or any person on its behalf shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of the Agreement or any other contract with the Customer or for showing or forbearing to show favour or disfavour to any person in relation to the Agreement or any other contract with the Customer or if like acts shall have been done by any person employed by the Supplier or acting on its behalf (whether with or without the knowledge of the Supplier) or if in relation to any contract with the Customer the Supplier or any person employed by the Supplier or acting on its behalf shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916 or shall have given any fee or reward the receipt of which is an offence under Section 117 (2) and (3) of the Local Government Xxx 0000.
20.2 The decision of the Customer shall be final and conclusive in any dispute, difference or question arising in respect of:
20.2.1 the interpretation of this Condition 20; or
20.2.2 the right of the Customer under this Condition 20 to terminate the Agreement
CORRUPT GIFTS AND PAYMENTS. Neither party shall offer or give or agree to give any person employed by or connected w ith the other party any gift or consideration of any kind as an inducement or rew ard for doing or forbearing to do or for having done or forborne to do any act in relation to this Agreement, or for show ing or forbearing to show favour or disfavour to any person in relation to this Agreement.
CORRUPT GIFTS AND PAYMENTS. In Clause 27.1.1, the words “in Her Majesty‟s Service” in the first line shall be replaced with “employed by the CLIENT or acting on its behalf” and the second and third references to “Her Majesty‟s Service” in the fourth and sixth lines shall be replaced with “the CLIENT”. In Clause 27.1.2, the words “with Her Majesty‟s Service” shall be replaced with “with the CLIENT, or a person or body employed by the CLIENT or acting on its behalf”. In Clause 27.2, the words “with Her Majesty‟s Service” shall be replaced with “with the CLIENT, or a person or body employed by the CLIENT or acting on its behalf”.
CORRUPT GIFTS AND PAYMENTS. 25.1 For the purposes of this agreement the term “Prohibited Act” means:
CORRUPT GIFTS AND PAYMENTS. Prohibition on corruption
CORRUPT GIFTS AND PAYMENTS. 15.1 The Service Provider shall neither:
15.1.1 offer or give or agree to give any person on Her Majesty‟s Service any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or performance of the Contract or any other agreement with Her Majesty‟s Service or for showing or forbearing to show favour or disfavour to any person in relation to the Contract; nor
15.1.2 enter into the Contract if in connection with it commission has been paid or agreed to be paid to any person on Her Majesty‟s Service by the Service Provider or on the Service Provider‟s behalf or to the Service Provider‟s knowledge, unless before the Contract is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof been disclosed in writing to the Authority.
15.2 In the event of any breach of this Clause by the Service Provider or by anyone employed by the Service Provider or acting on the Service Provider‟s behalf (with or without the knowledge of the Service Provider) or the commission of any offence by the Service Provider or by anyone employed by the Service Provider or acting on behalf of the Service Provider under the Prevention of Corruption Acts 1889 to 1916 in relation to this or any other Contract for Her Majesty‟s Service, the Authority may require the Service Provider at its own cost summarily to terminate the employment of the person or persons engaged in such corruption, or any sub- contractor engaged in such corruption which the Service Provider will do forthwith, and to provide such evidence as the Authority in its sole and reasonable opinion may require to satisfy itself that such breach was not authorised by any one or more of the directors of the Service Provider If in the sole and reasonable opinion of the Authority such corruption had received such authorisation, then the Authority may summarily terminate the Contract by notice in writing to the Service Provider. Provided always that such termination shall not be prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Authority. If this Clause 15.2 is activated the Authority will pay no costs resulting from such early termination, to the Service Provider.
15.3 The decision of the Authority, acting reasonably shall be final and conclusive in any dispute, difference or question arising in respect of:
15.3.1 in...
CORRUPT GIFTS AND PAYMENTS. 6.1 In this condition 6, Prohibited Act means:
(a) offering, giving or agreeing to give the Authority or any other public body or any person employed by or on behalf of or contracted to any of the foregoing any gift or consideration of any kind as an inducement or reward:
(i) for doing or not doing (or for having done or not having done) any act in relation to the obtaining or performance of the Contract or any other agreement with the Authority or any other public body; or
(ii) for showing or not showing favour or disfavour to any person in relation to the Contract or any other agreement with the Authority or any other public body;
(b) entering into the Contract or any other agreement with the Authority or any other public body in connection with which commission has been paid or has been agreed to be paid by the Company or on its behalf, or to its knowledge, unless before the relevant agreement is entered into particulars of any such commission and of the terms and conditions of any such agreement for the payment of such commission have been disclosed in writing to the Authority;
(c) committing any offence:
(i) under the Prevention of Corruption Acts 1889 to 1916;
(ii) under the Bribery Act 2010;
(iii) under any law creating offences in respect of fraudulent acts; or
(iv) at common law, in respect of fraudulent acts in relation to the Contract or any other agreement with the Authority or any other public body; or
(d) defrauding or attempting to defraud or conspiring to defraud the Authority or any other public body.
6.2 The Company shall not commit (and warrants that in entering the Contract it has not committed) any Prohibited Act.
6.3 If the Company, his employees, agents or any sub-contractor, or anyone acting on his or their behalf (including but not limited to the Key Individuals), does any of the prohibited acts or commits any offence as the case may be under the Prevention of Corruption Acts 1889 to 1916, or under the Bribery Act 2010 with or without the knowledge of the Company, in relation to this or any other contract with the Crown, the Authority shall be entitled:
(a) to terminate the Contract and recover from the Company the amount of any loss resulting from the termination;
(b) to recover from the Company the amount or value of any such gift consideration or commission; and
(c) to recover from the Company any other loss sustained in consequence of any breach of this condition 6, whether or not the Contract has been terminated.
6.4 In exerci...
CORRUPT GIFTS AND PAYMENTS. None of the Company, any Subsidiary, or to the Company’s Knowledge any director, officer, employee or other Person acting on behalf of the Company or any Subsidiary, has, in connection with the Business (i) used any Company or Subsidiary funds for any unlawful contribution, gift, or other unlawful expense relating to political activity, (ii) made any direct or indirect unlawful payment to any governmental official or employee from any Company or Subsidiary funds, or (iii) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment.
