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

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 The Contractor shall not: a) offer or give, or agree to give, to any person employed by or on behalf of the Company any gift or consideration of any kind as an inducement or reward for doing, or having done, or not doing, any act in relation to the obtaining or execution of this Contract or any other contract with the Company, or for showing or not showing favour or dis-favour to any person in relation to this Contract or any other contract with the Company; b) enter into this Contract or any other contract with the Company in connection with which Commission has been paid, or agreed to be paid by him/her or on his/her behalf, or to his/her knowledge, unless, before the Contract 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 any person duly authorised by the Company to act as its representative for the purpose of this Condition. Nothing contained in this Condition prevents the Contractor paying such Commission or bonuses to his/her own staff in accordance with their agreed contracts of employment. 23.2 Any breach of this Condition by the Contractor, or by anyone employed by him or acting on his behalf (whether with or without his/her knowledge), or the Commission of any offence by the Contractor or by anyone employed by him or acting on his/her behalf under the Prevention of Corruption Acts 1889-1916, in relation to this Contract or any other contract with the Company, shall entitle the Company to terminate the Contract and recover from the Contractor the amount of any loss resulting from such termination and the amount of the value of any such gift, consideration or Commission. 23.3 Where the Contract has been terminated under paragraph 23.2 of this Condition, the powers given by 6.3 shall apply as if there had been a failure to commence the work. 23.4 In any dispute, difference or 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 termination of the Contract); or b) the right of the Company to terminate the Contract; or c) the amount or value of any gift, consideration or Commission; the decision of the Company shall be final and conclusive. General

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 32.1 The Contractor Supplier and the Supplier’s Staff shall notnot do (and warrants that in entering the Agreement and/or any Call-off Contract it has not done, nor any of its Staff has done) any of the following: a) offer or giveoffer, give or agree to give, give to any person employed by or on behalf in the employment of the Company Crown any gift or consideration of any kind as an inducement or reward for doing, doing or having done, or not doing, refraining from doing any act in relation to the obtaining or execution performance of this Agreement and/or any Call-off Contract or any other contract with the CompanyCrown, or for showing or not refraining from showing favour or dis-favour disfavour to any person Person in relation connection to any Contract; nor b) enter into this Agreement and/or any Call-off Contract if any commission has been paid by or to, or agreed to be paid by or to the Supplier or Supplier’s Staff or on their behalf Supplier or to their knowledge in connection with this Agreement and/or any Call-off Contract or any other contract with the Company;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. The Supplier undertakes that neither the Supplier nor the Supplier’s Staff shall attempt or commit any fraud, deception, financial or procedural wrongdoing in relation to the performance by the Supplier of its obligations under this Agreement and/or any Call-off Contract and shall immediately notify the Authority of any circumstances giving rise to a suspicion that such wrongful activity may occur or has occurred. b32.2 If the Supplier 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) enter into or commits any offence under the Bribery Act 2010, with or without the knowledge of the Supplier, in relation to this Agreement and/or any Call-off Contract or any other contract with the Company in connection with which Commission has been paidCrown, or agreed to the Authority shall be paid by him/her or on his/her behalf, or to his/her knowledge, unless, before the Contract 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 any person duly authorised by the Company to act as its representative for the purpose of this Condition. Nothing contained in this Condition prevents the Contractor paying such Commission or bonuses to his/her own staff in accordance with their agreed contracts of employment.entitled: 23.2 Any breach of this Condition by the Contractor, or by anyone employed by him or acting on his behalf (whether with or without his/her knowledge), or the Commission of any offence by the Contractor or by anyone employed by him or acting on his/her behalf under the Prevention of Corruption Acts 1889-1916, in relation to this Contract or any other contract with the Company, shall entitle the Company a) to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Contractor Supplier the amount of any loss resulting from such termination and the termination; b) to recover from the Supplier the amount of the or value of any such gift, consideration or Commission.commission; and 23.3 Where c) to recover from the Supplier any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated under paragraph 23.2 of this Condition, the powers given by 6.3 shall apply as if there had been a failure to commence the workterminated. 23.4 In any dispute, difference 32.3 Exercising its rights or question arising in respect of:remedies under this Condition the Authority shall:- a) act proportionately in the interpretation light of this Condition (except so far as the same may relate gravity and circumstances of the particular breach; and b) give all due consideration, where appropriate, to the amount recoverable from the Contractor under paragraph (2) use of this Condition in respect of any loss resulting from such remedies other than termination of the Contract); or b) the right of the Company to terminate the Contract; or c) the amount or value of any gift, consideration or Commission; the decision of the Company shall be final and conclusive. General.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 The Contractor shall not: a) offer or give, or agree to give, to any person employed by or on behalf of the Company any gift or consideration of any kind as an inducement or reward for doing, or having done, or not doing, any act in relation to the obtaining or execution of this Contract or any other contract with the Company, or for showing or not showing favour or dis-favour to any person in relation to this Contract or any other contract with the Company; b) enter into this Contract or any other contract with the Company in connection with which Commission has been paid, or agreed to be paid by him/her or on his/her behalf, or to his/her knowledge, unless, before the Contract 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 any person duly authorised by the Company to act as its representative for the purpose of this Condition. Nothing contained in this Condition prevents the Contractor paying such Commission or bonuses to his/her own staff in accordance with their agreed contracts of employment. 23.2 Any breach of this Condition by the Contractor, or by anyone employed by him or acting on his behalf (whether with or without his/her knowledge), or the Commission of any offence by the Contractor or by anyone employed by him or acting on his/her behalf under the Prevention of Corruption Acts 1889-1916, in relation to this Contract or any other contract with the Company, shall entitle the Company to terminate the Contract and recover from the Contractor the amount of any loss resulting from such termination and the amount of the value of any such gift, consideration or Commission. 23.3 Where the Contract has been terminated under paragraph 23.2 of this Condition, the powers given by 6.3 shall apply as if there had been a failure to commence the work. 23.4 In any dispute, difference or 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 termination of the Contract); or b) the right of the Company to terminate the Contract; or c) the amount or value of any gift, consideration or Commission; the decision of the Company shall be final and conclusive. General.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 22.1 The Contractor Service Provider shall not:neither:- a) 22.1.1 offer or give, give or agree to give, to give any person employed by the Council or acting on its behalf of the Company any gift or consideration of any kind as an inducement or reward for doing, doing or forbearing to do or for having done, done or not doing, forborne to do any act in relation to the obtaining or execution performance of this Contract Agreement or any other contract agreement with the Company, Council or for showing or not showing forbearing to show favour or dis-favour disfavour to any person in relation to this Contract or any other contract with the Company;Agreement; nor b) 22.1.2 enter into this Contract or any other contract with the Company Agreement if in connection with which Commission it commission has been paid, paid or agreed to be paid to any person employed by him/her the Council or acting on its behalf by the Service Provider or on his/her behalf, the Service Provider's behalf or to his/her the Service Provider's knowledge, unless, unless before the Contract this Agreement is made, made particulars of any such Commission commission and of the terms and conditions of any agreement for the payment thereof, thereof have been disclosed in writing to any person duly authorised by the Company to act as its representative for the purpose of this Condition. Nothing contained in this Condition prevents the Contractor paying such Commission or bonuses to his/her own staff in accordance with their agreed contracts of employmentCouncil. 23.2 Any 22.2 In the event of any breach of this Condition Clause 22 by the Contractor, Service Provider or by anyone employed by him the Service Provider or acting on his the Service Provider's behalf (whether with or without his/her knowledge), the knowledge of the Service Provider) or the Commission commission of any offence by the Contractor Service Provider or by anyone employed by him the Service Provider or acting on his/her behalf of the Service Provider under the Prevention of Corruption Acts 1889-1916Acts, 1889 to 1916 or under Section 117(2) and (3) of the Local Government Act 1972 in relation to this Contract or any other contract with the CompanyCouncil, the Council may summarily terminate this Agreement by notice in writing to the Service Provider in accordance with Clause 14.1.1 or Clause 14.3 (as appropriate). Provided always that such termination shall entitle not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Company to terminate Council and provided always that the Contract and Council may recover from the Contractor Service Provider the amount of any loss resulting from such termination and the amount of the or value of any such gift, consideration or Commissioncommission. 23.3 Where 22.3 The decision of the Contract has been terminated under paragraph 23.2 of this Condition, the powers given by 6.3 Council shall apply as if there had been a failure to commence the work. 23.4 In be final and conclusive in any dispute, difference or question arising in respect of:of:- a) 22.3.1 the interpretation of this Condition Clause (except so far as the same may relate to the amount recoverable from the Contractor Service Provider under paragraph (2) of this Condition Clause 22.2 in respect of any loss resulting from such termination of the Contractthis Agreement); or b) 22.3.2 the right of the Company Council under this Clause 22 to terminate the Contractthis Agreement; or c) 22.3.3 the amount or value of any such gift, consideration or Commission; the decision of the Company shall be final and conclusive. Generalcommission.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 16.1 The Contractor shall not: a) : offer or give, or agree to give, to any person employed by or on behalf of the Company Secretary of State any gift or consideration of any kind as an inducement or reward for doing, or having done, or not doing, any act in relation to the obtaining or execution of this Contract Agreement or any other contract Agreement with the CompanySecretary of State, or for showing or not showing favour or dis-favour disfavour to any person in relation to this Contract Agreement or any other contract Agreement with the Company; b) Secretary of State; enter into this Contract the Agreement or any other contract Agreement with the Company Secretary of State or any other Secretary of State or office of Her Majesty's Government in connection with which Commission commission has been paid, or agreed to be paid by him/her it or on his/her its behalf, or to his/her its knowledge, unless, before the Contract Agreement is made, particulars of any such Commission commission and the terms and conditions clauses of any agreement for the payment thereof, have been disclosed in writing to any person duly authorised by the Company Secretary of State to act as its representative for the purpose of this ConditionClause. Nothing contained in this Condition prevents Clause shall prevent the Contractor paying such Commission commission or bonuses to his/her its own staff in accordance with their agreed contracts of employmentemployment contracts. 23.2 16.2 Any breach of this Condition Clause by the Contractor, or by anyone employed by him or acting on his its behalf (whether with or without his/her its knowledge), or the Commission commission of any offence by the Contractor or by anyone employed by him it or acting on his/her its behalf under the Prevention of Corruption Acts 1889-1916Xxx 0000 and the Prevention of Corruption Xxx 0000, in relation to this Contract Agreement or any other contract Agreement with the CompanySecretary of State, shall entitle the Company Secretary of State to terminate the Contract Agreement with immediate effect and recover from the Contractor the amount of any loss resulting from such termination and the amount of the value of any such gift, consideration or Commissioncommission as the Secretary of State shall think fit. 23.3 16.3 Where the Contract Agreement has been terminated under paragraph 23.2 of this ConditionClause 16.2 , the powers given by 6.3 there shall apply as if there had been be deemed to be a failure to commence the workprovision of the Work, enabling the Secretary of State to terminate the Agreement with immediate effect and the Secretary of State will not be obliged to pay any amounts otherwise due and payable to the Contractor. 23.4 16.4 In any dispute, difference or question arising in respect of: a) : the interpretation of this Condition Clause 16 (except so far as the same may relate to the amount recoverable from the Contractor under paragraph (2) Clause 16.2 of this Condition Clause in respect of any loss resulting from such termination determination of the ContractAgreement); or b) or the right of the Company Secretary of State to terminate determine the ContractAgreement; or c) or the amount or value of any gift, consideration or Commission; commission, the decision of the Company Secretary of State shall be final and conclusive. General.

CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 The Contractor CONTRACTOR shall not: a) neither: offer or give, give or agree to give, to give any person employed by or on behalf of the Company Her Majesty's Service any gift or consideration of any kind as an inducement or reward for doing, doing or forbearing to do or for having done, done or not doing, forborne to do any act in relation to the obtaining or execution performance of this Contract Agreement or any other contract agreement with the Company, Her Majesty's Service or for showing or not showing forbearing to show favour or dis-favour disfavour to any person in relation to this Contract or any other contract with the Company; b) Agreement; nor enter into this Contract or any other contract with the Company Agreement if in connection with which Commission it commission has been paid, paid or agreed to be paid to any person on Her Majesty's Service by him/her the CONTRACTOR or on his/her behalf, the CONTRACTOR's behalf or to his/her the CONTRACTOR's knowledge, unless, unless before the Contract this Agreement is made, made particulars of any such Commission commission and of the terms and conditions of any agreement for the payment thereof, thereof have been disclosed in writing to the AUTHORITY. In the event of any person duly authorised by the Company to act as its representative for the purpose of this Condition. Nothing contained in this Condition prevents the Contractor paying such Commission or bonuses to his/her own staff in accordance with their agreed contracts of employment. 23.2 Any breach of this Condition Clause 28 by the Contractor, CONTRACTOR or by anyone employed by him the CONTRACTOR or acting on his the CONTRACTOR's behalf (whether with or without his/her knowledge), the knowledge of the CONTRACTOR) or the Commission commission of any offence by the Contractor CONTRACTOR or by anyone employed by him the CONTRACTOR or acting on his/her behalf of the CONTRACTOR under the Prevention of Corruption Acts 1889-1916Acts, 1889 to 1916 in relation to this Contract or any other contract for Her Majesty's Service, the AUTHORITY may summarily terminate this Agreement by notice in writing to the CONTRACTOR. Provided always that such termination shall not prejudice or affect any right of action or remedy which shall in accordance with Clause 16.1.1 have accrued or shall accrue thereafter to the Company, shall entitle AUTHORITY and provided always that the Company to terminate the Contract and AUTHORITY may recover from the Contractor CONTRACTOR the amount of any loss resulting from such termination and the amount of the or value of any such gift, consideration or Commission. 23.3 Where commission. The decision of the Contract has been terminated under paragraph 23.2 of this Condition, the powers given by 6.3 AUTHORITY shall apply as if there had been a failure to commence the work. 23.4 In be final and conclusive in any dispute, difference or question arising in respect of: a) : the interpretation of this Condition Clause (except so far as the same may relate to the amount recoverable from the Contractor CONTRACTOR under paragraph (2) of this Condition Clause 28.2 in respect of any loss resulting from such termination of the Contractthis Agreement); or b) or the right of the Company AUTHORITY under this Clause 28 to terminate the Contractthis Agreement; or c) or the amount or value of any such gift, consideration or Commission; the decision of the Company shall be final and conclusive. Generalcommission.