Common use of Corrupt Gifts Clause in Contracts

Corrupt Gifts. The Supplier shall not: offer or give, or agree to give, to any employee, agent, servant or representative of the Authority, any other public body or person employed by or on behalf of the Authority, or any other public body (each of which for the purposes of this Clause 6.4.4 shall be a "Relevant Person") 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 Agreement or any other contract with any Relevant Person, or for showing or refraining from showing favour or disfavour to any person in relation to any such contract; enter into this Framework Agreement, a Call-Off Agreement or any other agreement with any Relevant Person in connection with which a financial incentive or package has been paid or has been agreed to be paid by the Supplier or on its behalf, or to its knowledge, unless before the relevant agreement is entered into particulars of any such financial incentive or package and of the terms and conditions of any such agreement for the payment of such financial incentive or package have been disclosed in writing to the Authority; commit any offences under the Prevention of Corruption Acts 1889 to 1916 or the Xxxxxxx Xxx 0000; or defraud or attempt to defraud or conspire to defraud any Relevant Person. The Supplier warrants and represents to the Authority that in entering into this Framework Agreement it has not done any of the things prohibited in Clause 9.1. Each time a Call-Off Agreement is entered into this warranty and representation shall be deemed to be repeated by the Supplier to the Authority and to the Contracting Body entering into the Call-Off Agreement with reference to the circumstances existing at the time that the warranty is deemed to be repeated. In the event of any breach of Clause 9.1 or of any warranty or representation given in or pursuant to clause 9.2 the Authority shall be entitled to terminate this Framework Agreement with immediate effect in accordance with Clause 15 (Termination on Corruption). Without prejudice to its other rights and remedies under this Clause 6.4.4, the Authority shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Authority in full against: the amount of value of any such gift, consideration or commission; and any other loss sustained by the Authority in consequence of any breach of this Clause 6.4.4. Notwithstanding Clause 43 (Dispute Resolution), any dispute relating to: the interpretation of Clauses 6.5 to 6.8 inclusive; or the amount or value of any gift, consideration or financial incentive or package, shall be determined by the Authority and the decision shall be final and conclusive.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

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Corrupt Gifts. The Supplier Contractor shall not: offer not do, and warrants that in entering the Contract it has not done any of the following (hereafter referred to as 'prohibited acts'): offer, promise or give, or agree to give, give to any employee, agent, Crown servant or representative of the Authority, any other public body or person employed by or on behalf of the Authority, or any other public body (each of which for the purposes of this Clause 6.4.4 shall be a "Relevant Person") any gift or consideration financial or other advantage of any kind which could act as an inducement or reward reward; for doing, refraining from doing, doing or not doing (or for having done or refrained from doing, not having done) any act in relation to the obtaining or execution of this Framework Agreement, any Call-Off Agreement or any other contract with any Relevant Person, the Crown; or for showing or refraining from not showing favour or disfavour to any person in relation to this or any such contract; other Contract with the Crown. enter into this Framework Agreement, a Call-Off Agreement or any other agreement Contract with any Relevant Person the Crown in connection with which a financial incentive or package commission has been paid or has been agreed to be paid by the Supplier it or on its behalf, or to its knowledge, unless before the relevant agreement Contract is entered into made particulars of any such financial incentive or package commission and of the terms and conditions of any such agreement for the payment of such financial incentive or package thereof have been disclosed in writing to the Authority; commit . If the Contractor, its employees, agents or any offences subcontractor (or anyone acting on its behalf or any of its or their employees) does any of the prohibited acts or commits any offence under the Prevention of Corruption Acts 1889 to 1916 -1916 or under sub sections 108 -109 of the Anti-Terrorism, Crime and Security Xxx 0000 before those Acts or sub sections are revoked, or an offence under the Xxxxxxx Xxx 0000; 0000 with or defraud without the knowledge or attempt to defraud or conspire to defraud any Relevant Person. The Supplier warrants and represents to the Authority that in entering into this Framework Agreement it has not done any authority of the things prohibited Contractor in Clause 9.1. Each time a Call-Off Agreement is entered into relation to this warranty and representation shall be deemed to be repeated by Contract or any other contract with the Supplier to the Authority and to the Contracting Body entering into the Call-Off Agreement with reference to the circumstances existing at the time that the warranty is deemed to be repeated. In the event of any breach of Clause 9.1 or of any warranty or representation given in or pursuant to clause 9.2 the Authority shall be entitled to terminate this Framework Agreement with immediate effect in accordance with Clause 15 (Termination on Corruption). Without prejudice to its other rights and remedies under this Clause 6.4.4Crown, the Authority shall be entitled entitled: to terminate the Contract and recover in full from the Supplier and the Supplier shall on demand indemnify the Authority in full against: Contractor the amount of any loss resulting from the termination; to recover from the Contractor the amount or value of any such gift, consideration or commission; and to recover from the Contractor any other loss sustained by the Authority in consequence of any breach of this Clause 6.4.4condition, where the Contract has not been terminated. Notwithstanding Clause 43 In exercising its rights or remedies under this condition, the Authority shall: 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; give all due consideration, where appropriate, to action other than termination of the Contract, including (Dispute Resolution), without being limited to): requiring the Contractor to procure the termination of a subcontract where the prohibited act is that of a Subcontractor or anyone acting on its or their behalf; requiring the Contractor to procure the dismissal of an employee (whether its own or that of a Subcontractor or anyone acting on its behalf) where the prohibited act is that of such employee. Recovery action taken against any dispute relating to: the interpretation of Clauses 6.5 to 6.8 inclusive; or the amount or value of any gift, consideration or financial incentive or package, person in Her Majesty's service shall be determined by without prejudice to any recovery action taken against the Authority and the decision shall be final and conclusiveContractor pursuant to this Condition.

Appears in 1 contract

Samples: Agreement

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Corrupt Gifts. The Supplier shall not: offer or give, or agree to give, to any employee, agent, servant or representative of the Authority, any other public body or person employed by or on behalf of the Authority, or any other public body (each of which for the purposes of this Clause 6.4.4 9 shall be a "Relevant Person") 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 Agreement or any other contract with any Relevant Person, or for showing or refraining from showing favour or disfavour to any person in relation to any such contract; enter into this Framework Agreement, a Call-Off Agreement or any other agreement with any Relevant Person in connection with which a financial incentive or package has been paid or has been agreed to be paid by the Supplier or on its behalf, or to its knowledge, unless before the relevant agreement is entered into particulars of any such financial incentive or package and of the terms and conditions of any such agreement for the payment of such financial incentive or package have been disclosed in writing to the Authority; commit any offences under the Prevention of Corruption Acts 1889 to 1916 or the Xxxxxxx Xxx 0000Bribery Act 2010; or defraud or attempt to defraud or conspire to defraud any Relevant Person. The Supplier warrants and represents to the Authority that in entering into this Framework Agreement it has not done any of the things prohibited in Clause 9.1. Each time a Call-Off Agreement is entered into this warranty and representation shall be deemed to be repeated by the Supplier to the Authority and to the Contracting Body entering into the Call-Call Off Agreement with reference to the circumstances existing at the time that the warranty is deemed to be repeated. In the event of any breach of Clause 9.1 or of any warranty or representation given in or pursuant to clause 9.2 the Authority shall be entitled to terminate this Framework Agreement with immediate effect in accordance with Clause 15 28.1 (Termination on Corruption). Without prejudice to its other rights and remedies under this Clause 6.4.49, the Authority shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Authority in full against: the amount of value of any such gift, consideration or commission; and any other loss sustained by the Authority in consequence of any breach of this Clause 6.4.49. Notwithstanding Clause 43 45 (Dispute Resolution), any dispute relating to: the interpretation of Clauses 6.5 9.1 to 6.8 9.4 inclusive; or the amount or value of any gift, consideration or financial incentive or package, shall be determined by the Authority and the decision shall be final and conclusive.

Appears in 1 contract

Samples: Framework Agreement

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