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

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 or commits any offence under the Xxxxxxx Xxx 0000, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 32.1. The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: (a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor (b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 32.2. The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 (Corrupt Gifts and Payments of Commission) or commits any offence under the Xxxxxxx Xxx 0000Bribery Act 2010, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: (a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; (b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and (c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 32.3. Exercising its rights or remedies under this Condition the Authority shall:- (a) act proportionately in the light of the gravity and circumstances of the particular breach; and (b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 31.1 or commits any offence under the Xxxxxxx Xxx 0000Bribery Act 2010, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 31.1 or commits any offence under the Xxxxxxx Xxx 0000, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 37.1. The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The 37.2. If the Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 37.1 or commits any offence under the Xxxxxxx Xxx 0000Prevention of Corruption Acts 1889 to 1916 and/or the Bribery Act 2010, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising 37.3. In exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 31.1 The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The 31.2 If the Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 31.1 or commits any offence under the Xxxxxxx Xxx 0000Prevention of Corruption Acts 1889 to 1916, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising 15.1 In exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 31.1. The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The 31.2. If the Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 31.1 or commits any offence under the Prevention of Corruption Acts 1889 to 1916 and/or the Xxxxxxx Xxx 0000, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising 31.3. In exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 26.1 The Contractor shall not do (and warrants that in entering the Contract it he has not done) any of the following:following (referred to in this clause as "prohibited acts"): a(A) offer, give or agree to give to any person in the employment servant of the Crown any gift or consideration of any kind as an inducement or reward for doing or refraining from not doing (or having done or not having done) any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from not showing favour or disfavour to any Person in connection with the Contract; nor b) enter into relation to this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown; (B) enter into this or any other contract with the Crown in connection with which commission has been paid or has been agreed to be paid by him or on his behalf, or to his knowledge, unless before the Contract is made particulars of any such commission and the terms and conditions of any such agreement for the payment of it have been disclosed in writing to the Authority in writing before the Contract is madeAuthority. 32.2 The Contractor or any of 26.2 If the Contractor, his employees, servants, agents or any sub-contractorscontractor, or any person anyone acting on his or their behalf, does any of the prohibited acts mentioned in Condition 32.1 or commits any offence under the Xxxxxxx Xxx 0000Prevention of Corruption Acts 1889 to 1916, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a(A) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b(B) to recover from the Contractor the amount or value of any such gift, gift consideration or commission; and c(C) to recover from the Contractor any other loss sustained as a result in consequence of any breach of this Conditionclause, whether or not the Contract has been terminated. 32.3 Exercising 26.3 In exercising its rights or remedies under this Condition clause, the Authority shall:-shall: a(A) act proportionately in a reasonable and proportionate manner having regard to such matters as the light gravity of, and the identity of the gravity and circumstances of person performing the particular breach; andprohibited act; b(B) give all due consideration, where appropriate, to the use of remedies action other than termination of the Contract, including (without limitation to): (1) requiring the Contractor to procure the termination of a sub-contract where the prohibited act is that of a sub-contractor; (2) requiring the Contractor to procure the dismissal of an employee (whether his own or that of a sub-contractor) where the prohibited act is that of such employee.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 1) The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the followingnot: a) offera. offer or give, give or agree to give give, to any person in the employment employed by or on behalf of the Crown Authority any gift or consideration of any kind as an inducement or reward for doing doing, or refraining from doing having done, or not doing, any act in relation to the obtaining or performance execution of this Contract Agreement or any other contract with the CrownAuthority, or for showing or refraining from not showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or relation to his knowledge in connection with this Contract Agreement or any other contract with the CrownAuthority; b. enter into the Agreement or any other contract with the Authority in connection with which commission has been paid, unless or agreed to be paid by him or on his behalf, or to his knowledge, unless, before the Agreement is made, particulars of any such commission and the terms and conditions of any agreement for the payment of it thereof, have been disclosed in writing to any person duly authorised by the Authority to act as its representative for the purpose of this Condition. Nothing contained in writing before this Condition shall prevent the Contract is madeContractor paying such commission or bonuses to his own staff in accordance with their agreed contracts of employment. 32.2 The Contractor or any 2) Any breach of his employees, servants, agents or sub-contractorsthis Condition by the Contractor, or any person by anyone employed by him or acting on his or their behalf, does any of the acts mentioned in Condition 32.1 or commits any offence under the Xxxxxxx Xxx 0000, behalf (whether with or without his knowledge), or the knowledge commission of any offence by the ContractorContractor or by anyone employed by him or acting on his behalf under the Prevention of Corruption Acts 1889- 1916, in relation to this Contract Agreement or any other contract with the CrownAuthority, shall entitle the Authority shall be entitled: a) to terminate the Contract Agreement with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor such termination and the amount or of the value of any such gift, consideration or commission; andcommission as the Authority shall think fit. c3) to recover from Where the Contractor any other loss sustained as a result of any breach Agreement has been terminated under paragraph (2) of this Condition, whether or there shall be deemed to be a failure to commence the provision of the Services, enabling the Authority to terminate the Agreement with immediate effect and the Authority will not be obliged to pay the Contract has been terminatedcharges. 32.3 Exercising its rights 4) In any dispute, difference or remedies under question arising in respect of: a. the interpretation of this Condition (except so far as the same may relate to the amount recoverable from the Contractor under paragraph (2) of this Condition in respect of any loss resulting from such determination of the Agreement); or b. the right of the Authority shall:-to determine the Agreement; or a) act proportionately in c. the light amount or value of any gift, consideration or commission, the decision of the gravity Authority shall be final and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contractconclusive.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following: a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made. 32.2 The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 (Corrupt Gifts and Payments of Commission) or commits any offence under the Xxxxxxx Xxx 0000, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled: a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated. 32.3 Exercising its rights or remedies under this Condition the Authority shall:- a) act proportionately in the light of the gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1 (1) The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the followingnot: a) offeroffer or give, give or agree to give give, to any person in the employment employed by or on behalf of the Crown Council any gift or consideration of any kind as an inducement or reward for doing doing, or refraining from doing having done, or not doing, any act in relation to the obtaining or performance execution of this Contract or any other contract with the CrownCouncil, or for showing or refraining from not showing favour or disfavour to any Person in connection with the Contract; nor b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or relation to his knowledge in connection with this Contract or any other contract with the CrownCouncil; b) enter into the Contract or any other contract with the Council in connection with which commission has been paid, unless or agreed to be paid by him or on his behalf, or to his knowledge, unless, before the Contract is made, particulars of any such commission and the terms and conditions of any agreement for the payment of it thereof, have been disclosed to the Authority in writing before to any person duly authorised by the Contract is madeCouncil to act as its representative for the purpose of this Condition. Nothing contained in this Condition shall prevent the Contractor paying such commission or bonuses to his own staff in accordance with their agreed contracts of employment. 32.2 The Contractor or any (2) Any breach of his employees, servants, agents or sub-contractorsthis Condition by the Contractor, or any person by anyone employed by him or acting on his or their behalf, does any of the acts mentioned in Condition 32.1 or commits any offence under the Xxxxxxx Xxx 0000, behalf (whether with or without his knowledge), or the knowledge commission of any offence by the ContractorContractor or by anyone employed by him or acting on his behalf under the Prevention of Corruption Acts 1889-1916, in relation to this Contract or any other contract with the CrownCouncil, shall entitle the Authority shall be entitled: a) Council to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination; b) to recover from the Contractor such termination and the amount or of the value of any such gift, consideration or commission; andcommission as the Council shall think fit. c(3) to recover from Where the Contractor any other loss sustained as a result of any breach Contract has been terminated under paragraph (2) of this Condition, whether or not there shall be deemed to be a failure to commence the provision of the Services, enabling the Council to terminate the Contract has been terminatedwith immediate effect and the Council will not be obliged to pay the charges. 32.3 Exercising its rights (4) In any dispute, difference or remedies under this Condition the Authority shall:-question arising in respect of: a) act proportionately the interpretation of this Condition (except so far as the same may relate to the amount recoverable from the Contractor under paragraph (2) of this Condition in the light respect of any loss resulting from such determination of the gravity and circumstances of the particular breachContract); andor b) give all due consideration, where appropriate, to the use of remedies other than termination right of the Council to determine the Contract; or c) the amount or value of any gift, consideration or commission, the decision of the Council shall be final and conclusive.