CORRUPT GIFTS OR PAYMENTS. 31.1 The Provider shall not offer or give, or agree to give, to any employee, servant, agent or representative of the Welsh Ministers 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 Framework Agreement or any Call-Off Contract or any other contract with the Welsh Ministers or any other contracting Welsh Ministers or for showing or refraining from showing favour or disfavour to any person in relation to this Framework Agreement or any Call-Off Contract. The attention of the Provider is drawn to the criminal offences created by the Xxxxxxx Xxx 0000. 31.2 The Provider shall not enter into this Framework Agreement if in connection with it commission has been paid or is agreed to be paid to any employee, servant, agent or representative of the Welsh Ministers by the Provider or on the Provider’s behalf, unless before this Framework Agreement is made particulars of any such commission and of the terms and conditions of any Framework Agreement for the payment thereof have been disclosed in writing to the Welsh Ministers. 31.3 Where the Provider or any Personnel breaches the provisions of Clauses 31.1 and 31.2 in relation to this or any other contract with the Welsh Ministers or another contracting Welsh Ministers, the Welsh Ministers has the right to: 31.3.1 terminate the Framework Agreement with immediate effect and recover from the Provider the amount of any loss suffered by the Welsh Ministers resulting from the termination; 31.3.2 recover from the Provider the amount or value of any such gift, consideration or commission; and 31.3.3 recover in full from the Provider any other loss suffered by the Welsh Ministers in consequence of any breach of this Clause 31, whether or not the Framework Agreement has been terminated. 31.4 In exercising its rights or remedies under this Clause 31, the Welsh Ministers shall: 31.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of the person performing the prohibited act; 31.4.2 give all due consideration, where appropriate, to action other than termination of the Framework Agreement.
Appears in 3 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
CORRUPT GIFTS OR PAYMENTS. 31.1 The Provider shall not offer or give, or agree to give, to any employee, servant, agent or representative of the Welsh Ministers 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 Framework Agreement or any Call-Off Contract or any other contract with the Welsh Ministers or any other contracting Welsh Ministers or for showing or refraining from showing favour or disfavour to any person in relation to this Framework Agreement or any Call-Off Contract. The attention of the Provider is drawn to the criminal offences created by the Xxxxxxx Xxx 0000Bribery Act 2010.
31.2 The Provider shall not enter into this Framework Agreement if in connection with it commission has been paid or is agreed to be paid to any employee, servant, agent or representative of the Welsh Ministers by the Provider or on the Provider’s behalf, unless before this Framework Agreement is made particulars of any such commission and of the terms and conditions of any Framework Agreement for the payment thereof have been disclosed in writing to the Welsh Ministers.
31.3 Where the Provider or any Personnel breaches the provisions of Clauses 31.1 and 31.2 in relation to this or any other contract with the Welsh Ministers or another contracting Welsh Ministers, the Welsh Ministers has the right to:
31.3.1 terminate the Framework Agreement with immediate effect and recover from the Provider the amount of any loss suffered by the Welsh Ministers resulting from the termination;
31.3.2 recover from the Provider the amount or value of any such gift, consideration or commission; and
31.3.3 recover in full from the Provider any other loss suffered by the Welsh Ministers in consequence of any breach of this Clause 31, whether or not the Framework Agreement has been terminated.
31.4 In exercising its rights or remedies under this Clause 31, the Welsh Ministers shall:
31.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of the person performing the prohibited act;
31.4.2 give all due consideration, where appropriate, to action other than termination of the Framework Agreement.
Appears in 2 contracts
Samples: Framework Agreement, Framework Agreement for the Supply of Services