Common use of CORRUPT GIFTS AND PAYMENTS OF COMMISSION Clause in Contracts

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the Supplier, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 The Supplier warrants that it has not paid commission nor agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. 9.3 If the Supplier, its Staff or any person acting on the Supplier's behalf, engages in conduct prohibited by Clauses 9.1 or 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 the Authority may:- 9.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier and recover from the Supplier the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 recover in full from the Supplier and the Supplier shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier Provider shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the SupplierProvider, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier Provider is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 The Supplier Provider warrants that it has not paid commission nor agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. For the avoidance of doubt, the management charge payable by the Provider to the Authority pursuant to the terms of the Call-Off Contract shall not constitute a commission for the purposes of this Clause 9.2. 9.3 If the SupplierProvider, its Staff or any person acting on the SupplierProvider's behalf, engages in conduct prohibited by Clauses 9.1 or 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 the Authority may:- 9.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier Provider and recover from the Supplier Provider the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 recover in full from the Supplier Provider and the Supplier Provider shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier Service Provider shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the SupplierService Provider, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier Service Provider is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 . The Supplier Service Provider warrants that it has not paid commission nor or agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. 9.3 . If the SupplierService Provider, its Staff or any person acting on the Supplier's Service Provider’s behalf, engages in conduct prohibited by Clauses 9.1 5.4 or 9.2 5.5 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 1916, the Authority may:- 9.3.1 may:- terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier accordance with Clause 17.1 and recover from the Supplier Service Provider the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 or recover in full from the Supplier Service Provider and the Supplier Service Provider shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this ClauseClause 5.3, whether or not the Framework Agreement has been terminated.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier Provider shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the SupplierProvider, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier Provider is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 The Supplier Provider warrants that it has not paid commission nor or agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. 9.3 If the SupplierProvider, its Staff or any person acting on the Supplier's Provider’s behalf, engages in conduct prohibited by Clauses 9.1 or 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 1916, the Authority may:- 9.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier accordance with Clause 27.1 and recover from the Supplier Provider the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 recover in full from the Supplier Provider and the Supplier Provider shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this ClauseClause 9, whether or not the Framework Agreement has been terminated.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 10.1 The Supplier Provider shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the SupplierProvider, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier Provider is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 10.2 The Supplier Provider warrants that it has not paid commission nor or agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. 9.3 10.3 If the SupplierProvider, its Staff or any person acting on the SupplierProvider's behalf, engages in conduct prohibited by Clauses 9.1 10.1 or 9.2 10.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 the Authority may:- 9.3.1 10.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier Provider and recover from the Supplier Provider the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 10.3.2 recover in full from the Supplier Provider and the Supplier Provider shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this ClauseClause by the Provider, its Staff or any person acting on the Provider’s behalf, whether or not the Framework Agreement has been terminated.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier Provider shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the SupplierProvider, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier Provider is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 . The Supplier Provider warrants that it has not paid commission nor or agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. 9.3 . If the SupplierProvider, its Staff or any person acting on the Supplier's Provider’s behalf, engages in conduct prohibited by Clauses 9.1 or 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 1916, the Authority may:- 9.3.1 may:- terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier accordance with Clause 27.1 and recover from the Supplier Provider the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 or recover in full from the Supplier Provider and the Supplier Provider shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this ClauseClause 9, whether or not the Framework Agreement has been terminated.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier Service Provider shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the SupplierService Provider, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier Service Provider is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 9.2 . The Supplier Service Provider warrants that it has not paid commission nor or agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body. 9.3 . If the SupplierService Provider, its Staff or any person acting on the Supplier's Service Provider’s behalf, engages in conduct prohibited by Clauses 9.1 10.1 or 9.2 10.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 1916, the Authority may:- 9.3.1 may:- terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier accordance with Clause 26.1 and recover from the Supplier Service Provider the amount of any loss suffered by the Authority resulting from the termination; or 9.3.2 or recover in full from the Supplier Service Provider and the Supplier Service Provider shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this ClauseClause 10, whether or not the Framework Agreement has been terminated. CONFLICTS OF INTEREST The Service Provider shall take appropriate steps to ensure that neither the Service Provider nor any Staff are placed in a position where (in the reasonable opinion of the Authority) there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Service Provider or Staff and the duties owed to the Authority and Other Contracting Bodies under the provisions of this Framework Agreement or any Call-Off Contract. The Service Provider shall promptly notify and provide full particulars to the Authority or the relevant Other Contracting Body if such conflict referred to in Clause 11.1 above arises or may reasonably been foreseen as arising. This Clause shall apply during the Term and for a period of two (2) years after its termination or expiry. SAFEGUARD AGAINST FRAUD The Service Provider shall take all reasonable steps, in accordance with Good Industry Practice, to prevent any fraudulent activity by Staff and the Service Provider (including its shareholders, members, directors). The Service Provider shall notify the Authority immediately if it has reason to suspect that any Fraud has occurred or is occurring or is likely to occur. If the Service Provider or its Staff commits Fraud in relation to this or any other contract with the Crown (including the Authority), the Authority may:- terminate this Framework Agreement with immediate effect by giving the Service Provider notice in writing, and recover from the Service Provider the amount of any loss suffered by the Authority resulting from the termination including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Term; or recover in full from the Service Provider on a full indemnity basis, any other loss sustained by the Authority in consequence of any breach of this Clause 12.