Ethical Walls. The ESFA makes two types of agreement available for organisations accessing and using the PLR: the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not: discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the ESFA as soon as possible of any instance of non-compliance with this Agreement. Upon becoming aware of any such non-compliance, the Learning Provider shall, without prejudice to the ESFA rights under this Agreement: carry out a review to ascertain the reasons for and extent of such non-compliance; take such steps as are necessary to minimise the risk of such non-compliance occurring again; and implement procedures for the immediate reporting to the ESFA of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall: implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.
Ethical Walls. 4.1 It is expected that organisations offering technical support to this programme through this tendering opportunity will not be participating in the main Social Enterprise Consortia Building Programme, except where there is a demonstrable ethical wall in place. For those Providers wishing to participate in both, there is a requirement for all relevant staff to sign declaration documents (provided by the Authority) that restrict their activity to one of either the Social Enterprise Consortia Building Programme or this Technical Support opportunity. The Provider will be required to evidence adherence to the designated roles via timesheets, diary entries, minutes of meetings and other documentation as appropriate. Where Providers are effectively single person operations, then participation in both is not permissible as there is no realistic scope to demonstrate that an ethical wall is being maintained.
Ethical Walls. In consideration of the sum of £1 payable by the Buyer to the Supplier, receipt of which is hereby acknowledged, the Supplier: shall take all appropriate steps to ensure that neither the Supplier nor its Affiliates and/or Representatives are in a position where, in the reasonable opinion of the Buyer, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Supplier or its Affiliates or Representatives and the duties owed to the Buyer under the Contract or pursuant to an fair and transparent FCP Process; acknowledges and agrees that a conflict of interest may arise in situations where the Supplier or an Affiliate intends to take part in the FCP Process and, because of the Supplier’s relationship with the Buyer under any Contract, the Supplier, its Affiliates and/or Representatives have or have had access to information which could provide the Supplier and/or its Affiliates with an advantage and render unfair an otherwise genuine and fair competitive FCP Process; and
Ethical Walls. The Chief Executive makes two types of agreement available for organisations accessing and using the PLR: • the Learning Provider Agreement – this agreement is for Learning Providers and allows them full access to the PLR; and • the Awarding Organisation Agreement – this agreement is for Awarding Organisations and provides partial access to the PLR. However, a number of organisations act in a capacity of both Awarding Organisation and Learning Provider in respect of the use of the PLR. Therefore, the members of the Party to this Agreement operating as a Learning Provider must ensure they do not: • discuss or provide any information gained from the PLR with any member of the Party operating as an Awarding Organisation; or • disclose or make available to a member of the Party operating as an Awarding Organisation any information in relation to the PLR that is not in the public domain. The Learning Provider shall notify the Chief Executive as soon as possible of any instance of non-compliance with this Agreement. Upon becoming aware of any such non- compliance, the Learning Provider shall, without prejudice to the Chief Executive’s rights under this Agreement: • carry out a review to ascertain the reasons for and extent of such non-compliance; • take such steps as are necessary to minimise the risk of such non-compliance occurring again; and • implement procedures for the immediate reporting to the Chief Executive of any unexpected or unusual requests for access to or copies of documents. The Learner Provider shall at all times monitor and ensure strict enforcement by all relevant staff and personnel of its obligations in this Agreement and in particular shall: • implement strict and carefully defined procedures for dealing with a situation where it is felt that the Ethical Walls have been crossed and maintain proper records of such an event; and • monitor the effectiveness of the Ethical Walls and take all necessary steps where it is found that the Ethical Walls have not been effective.
Ethical Walls. In consideration of the sum of £1 payable by the Authority to the Counterparty, receipt of which is hereby acknowledged, the Counterparty: shall take all appropriate steps to ensure that neither the Counterparty nor its Affiliates and/or Representatives are in a position where, in the reasonable opinion of the Authority, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Counterparty or its Affiliates or Representatives and the duties owed to the Authority under the Contract or pursuant to an open and transparent ITT Process; acknowledges and agrees that a conflict of interest may arise in situations where the Counterparty or an Affiliate intends to take part in the ITT Process and, because of the Counterparty’s relationship with the Authority under any Contract, the Counterparty, its Affiliates and/or Representatives have or have had access to information which could provide the Counterparty and/or its Affiliates with an advantage and render unfair an otherwise genuine and open competitive ITT Process; and
Ethical Walls. Authority shall have the right to require that Contractor enacts "Ethical Walls". Contractor will ensure and satisfy the Authority that all information relating to the Agreement and to the Services and Deliverables completed pursuant to it (to include all working papers, draft reports in both tangible and intangible form) are not shared or made available to other Personnel of Contractor and that such matters are not discussed by the relevant Personnel of Contractor with other Personnel. Any breach of this Section 16.3 will be deemed a material breach not capable of being cured.
Ethical Walls. The Suppliers shall take appropriate steps to ensure that neither the Supplier, their Group members, their personnel or Group subcontractors are placed in a position where (in the reasonable opinion of the Authority) there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Supplier; a Group member, their personnel and/or Group subcontractor; and the duties owed to the Authority under this Collaboration Agreement, a Tower Service Agreement, a Supply Agreement or under any other related service agreement with the Authority. The Suppliers acknowledge and agree that a conflict of interest may arise: where a Supplier, Supplier Group member and/or a Supplier Group Subcontractor is delivering more than one service to a Authority under a single or multiple Tower Services Agreement(s) or relevant Supply Agreement (including where multiple independent Service workstreams are delivered under a single Tower Services Agreement); where the Supplier, a Supplier Group member and/or a subcontractor to the Supplier Group is bidding for the opportunity to deliver a Tower Service (or a supply under a Supply Agreement) to the Authority and where the Supplier, its Group member or Group subcontractor is already delivering related Services or supplies to the Authority; and/or between the Supplier, its Group member and/or a Group Subcontractor, and other Suppliers that are delivering services or supplies to the Authority under a Tower Services Agreement or a Supply Agreement. The Supplier shall, where there is a risk of a conflict or potential conflict under this Clause 7 (Ethical Walls), promptly establish the necessary arrangements to eliminate any conflict or potential of interest which may exist as a result of the Supplier, its Group member and/or a subcontractor to its Group’s supply of services or multiple services to the Authority. Details of such arrangements are to be submitted as soon as is reasonably practicable, and in any event within 5 calendar days of the Supplier becoming aware of a risk of conflict or potential conflict under this Clause 7, to the Authority for Approval and such arrangements must include all such measures to the extent necessary to eliminate the conflict or potential conflict, and may include (without limitation): restrictions on communications and information sharing between Supplier Staff, Supplier teams, Supplier departments and/or Group member or Group subcontractor personnel; the execu...
