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

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 12.1 The Contractor shall not offer, give or agree to give to any servant of the Crown any gift or consideration of any kind as an inducement or reward for doing or not doing (or having done or not having done) any act in relation to the obtaining or performance of this or any other Contract with the Crown, or for showing or not showing favour or disfavour to any Person in relation to this or any other Contract with the Crown. The attention of the Contractor is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 12.2 The Contractor shall not 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 COI. 12.3 If the Contractor, its Staff or any person acting on the Contractor's behalf, engages in conduct prohibited by Clauses 12.1 or 12.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI may:- 12.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor and recover from the Contractor the amount of any loss suffered by COI resulting from the termination; or 12.3.2 recover in full from the Contractor and the Contractor shall indemnify COI in full from and against any other loss sustained by COI in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated. 12.4 In exercising its rights or remedies under this Condition, COI shall: 12.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of the offence and the identity of the person performing the Prohibited Act; and 12.4.2 give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to) requiring the Contractor to terminate a sub-contract where the Prohibited Act is that of a Sub-Contractor or 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. 12.1 9.1 The Contractor Supplier also warrants to the Authority that it shall not offeroffer or give, give or agree to give give, to any employee, agent, servant or representative of the Crown Contracting Authority or of any Participating Authority any gift or consideration of any kind which could act as an inducement or reward for doing doing, refraining from doing, or not doing (or for having done or not having done) refrained from doing, any act in relation to the obtaining or performance of this Framework Agreement, any Call-Off Contract or any other Contract contract with the CrownContracting Authority or any Participating Authority including its award to the Supplier, execution or any rights and obligations contained in it), or for showing or not refraining from showing favour or disfavour to any Person person in relation to this or any other Contract with the Crownsuch contract. The attention of the Contractor Supplier is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916Bribery Act 2010. 12.2 9.2 The Contractor shall Supplier warrants also that it has not enter into paid commission nor agreed to pay any commission to any person (employee, agent, servant or representative) employed by or on behalf of the Contracting Authority or by any Participating Authority in connection with this Framework Agreement, any Call-Off Contract or any other Contract contract with the Crown in connection with which commission has been paid Contracting Authority 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 COIParticipating Authority. 12.3 9.3 If the ContractorSupplier, its Staff or any person acting on the ContractorSupplier's behalf, engages in conduct prohibited by Clauses 12.1 9.1 or 12.2 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI Bribery Act 2010 the Authority may:- 12.3.1 9.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor Supplier and recover from the Contractor Supplier the amount of any loss suffered by COI the Contracting Authority resulting from the termination; or 12.3.2 9.3.2 recover in full from the Contractor Supplier and the Contractor Supplier shall indemnify COI the Contracting Authority in full from and against any other loss sustained by COI the Contracting Authority in DocuSign Envelope ID: 51C8ADDE-AF37-427A-881C-CF36B06C5A7B Flexible Procurement and Supply of HH, NHH, Metered and UMS Electricity with Additional Services Y22009 consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated. 12.4 In exercising its rights or remedies under this Condition, COI shall: 12.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of the offence and the identity of the person performing the Prohibited Act; and 12.4.2 give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to) requiring the Contractor to terminate a sub-contract where the Prohibited Act is that of a Sub-Contractor or 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. 12.1 6.1.1 The Contractor shall not do (and warrants that in entering the Contract he has not done) any of the following (referred to in this Condition as “prohibited acts”): a) offer, give or agree to give to any servant of the Crown any gift or consideration of any kind as an inducement or reward for doing or not doing (or having done or not having done) any act in relation to the obtaining or performance of this or any other Contract contract with the Crown, or for showing or not showing favour or disfavour to any Person in relation to this or any other Contract contract with the Crown. The attention of the Contractor is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916.; 12.2 The Contractor shall not b) enter into this or any other Contract 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 COIthe Authority. 12.3 6.1.2 If the Contractor, its Staff his employees, agents or any person subcontractor, or anyone acting on the Contractor's his behalf, engages in conduct does any of the prohibited by Clauses 12.1 or 12.2 above acts or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI may:-1916, with or without the knowledge of the Contractor, in relation to this or any other contract with the Crown, the Authority shall be entitled- 12.3.1 a) to terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor contract and recover from the Contractor the amount of any loss suffered by COI resulting from the termination; or; 12.3.2 b) to recover in full from the Contractor and the amount or value of any such gift, consideration or commission; and c) to recover from the Contractor shall indemnify COI in full from and against any other loss sustained by COI in consequence of any breach of this ClauseCondition, whether or not the Framework Agreement Contract has been terminated. 12.4 6.1.3 In exercising its rights or remedies under this Condition, COI shall:the Authority shall:- 12.4.1 a) act in a reasonable and proportionate manner having regard to such matters as the gravity of the offence of, and the identity of the person performing the Prohibited Act; andprohibited act; 12.4.2 b) give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to): i) requiring the Contractor to terminate procure the termination of a sub-contract where the Prohibited Act prohibited act is that of a Sub-Contractor or Contractor; ii) requiring the Contractor to procure the dismissal of an employee (whether his own or that of a Sub-Contractor) where the Prohibited Act prohibited act is that of such employee.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 12.1 9.1 The Contractor Supplier also warrants to the Authority that it shall not offeroffer or give, give or agree to give give, to any employee, agent, servant or representative of the Crown Contracting Authority or of any Participating Authority any gift or consideration of any kind which could act as an inducement or reward for doing doing, refraining from doing, or not doing (or for having done or not having done) refrained from doing, any act in relation to the obtaining or performance of this Framework Agreement, any Call-Off Contract or any other Contract contract with the CrownContracting Authority or any Participating Authority including its award to the Supplier, execution or any rights and obligations contained in it), or for showing or not refraining from showing favour or disfavour to any Person person in relation to this or any other Contract with the Crownsuch contract. The attention of the Contractor Supplier is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916Bribery Act 2010. 12.2 9.2 The Contractor shall Supplier warrants also that it has not enter into paid commission nor agreed to pay any commission to any person (employee, agent, servant or representative) employed by or on behalf of the Contracting Authority or by any Participating Authority in connection with this Framework Agreement, any Call-Off Contract or any other Contract contract with the Crown in connection with which commission has been paid Contracting Authority 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 COIParticipating Authority. 12.3 9.3 If the ContractorSupplier, its Staff or any person acting on the ContractorSupplier's behalf, engages in conduct prohibited by Clauses 12.1 9.1 or 12.2 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI Bribery Act 2010 the Authority may:- 12.3.1 9.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor Supplier and recover from the Contractor Supplier the amount of any loss suffered by COI the Contracting Authority resulting from the termination; or 12.3.2 9.3.2 recover in full from the Contractor Supplier and the Contractor Supplier shall indemnify COI the Contracting Authority in full from and against any other loss sustained by COI the Contracting Authority in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated. 12.4 In exercising its rights or remedies under this Condition, COI shall: 12.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of the offence and the identity of the person performing the Prohibited Act; and 12.4.2 give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to) requiring the Contractor to terminate a sub-contract where the Prohibited Act is that of a Sub-Contractor or 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. 12.1 The Contractor shall not offer, give or agree to give to any servant of the Crown any gift or consideration of any kind as an inducement or reward for doing or not doing (or having done or not having done) any act in relation to the obtaining or performance of this or any other Contract with the Crown, or for showing or not showing favour or disfavour to any Person in relation to this or any other Contract with the Crown. Crown The attention of the Contractor is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 12.2 The Contractor shall not 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 COI. 12.3 If the Contractor, its Staff or any person acting on the Contractor's behalf, engages in conduct prohibited by Clauses 12.1 or 12.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI may:- 12.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor and recover from the Contractor the amount of any loss suffered by COI resulting from the termination; or 12.3.2 recover in full from the Contractor and the Contractor shall indemnify COI in full from and against any other loss sustained by COI in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated. 12.4 In exercising its rights or remedies under this Condition, COI shall: 12.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of the offence and the identity of the person performing the Prohibited Act; and 12.4.2 give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to) requiring the Contractor to terminate a sub-contract where the Prohibited Act is that of a Sub-Contractor or 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. 12.1 The Contractor shall not offer, give or agree to give to any servant of the Crown any gift or consideration of any kind as an inducement or reward for doing or not doing (or having done or not having done) any act in relation to the obtaining or performance of this or any other Contract with the Crown, or for showing or not showing favour or disfavour to any Person in relation to this or any other Contract with the Crown. Crown The attention of the Contractor is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916. 12.2 The Contractor shall not 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 COI. 12.3 If the Contractor, its Staff or any person acting on the Contractor's behalf, engages in conduct prohibited by Clauses 12.1 or 12.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI may:- 12.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor and recover from the Contractor the amount of any loss suffered by COI resulting from the termination; or 12.3.2 recover in full from the Contractor and the Contractor shall indemnify COI in full from and against any other loss sustained by COI in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated. 12.4 In exercising its rights or remedies under The breach of any part of this Condition, COI shall: 12.4.1 act in clause 12 will be regarded as a reasonable and proportionate manner having regard to such matters as the gravity of the offence and the identity of the person performing the Prohibited Act; and 12.4.2 give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to) requiring the Contractor to terminate a sub-contract where the Prohibited Act is that of a Sub-Contractor or 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 employeefundamental breach when interpreting Clause 29.