Common use of Gratuities Not to Benefit Provisions Clause in Contracts

Gratuities Not to Benefit Provisions. If it is found, after notice and hearing, by the Department that gratuities (in the form of entertainment, gifts, payment, offers of employment or otherwise) were offered or given by the A/E , or any agent or representative of the A/E, to any official, employee or agent of the Department or the District with a view toward securing the Agreement or any other contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of the Contract, the Department may, by written notice to the A/E, terminate the right of the A/E to proceed under the Agreement and may pursue such other rights and remedies provided by law and under the Contract. Section 8.4.1 In the event the Agreement is terminated as provided in Section 8.4, the Department shall be entitled: a. to pursue the same remedies against the A/E as it could pursue in the event of a breach of the Agreement by the A/E; and b. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Department) which shall be not less than ten times the costs incurred by the A/E in providing any such gratuities. Section 8.4.2 No member of, nor delegate to Congress, Mayor or City Council Member, nor the Department nor employee of the District, nor the Department nor employee of the Department shall be admitted to any share or part of the Agreement or to any benefit that may arise therefrom, and all agreements entered into by the Contracting Officer of the Department in which he or she be personally interested as well as all agreements made by the Department in which the Mayor or City Council Member or employee of the District shall be personally interested shall be void and no payments shall be made on any such contracts by the Department; but this provision shall not be construed or extend to the agreement if the share of or benefit to the member of, or delegate to Congress, Mayor or City Council Member, or employee of the District is de minimis.

Gratuities Not to Benefit Provisions. If it is found, after notice and hearing, by the Department that gratuities (in the form of entertainment, gifts, payment, offers of employment or otherwise) were offered or given by the A/E , or any agent or representative of the A/E, to any official, employee or agent of the Department or the District with a view toward securing the Agreement or any other contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of the Contract, the Department may, by written notice to the A/E, terminate the right of the A/E to proceed under the Agreement and may pursue such other rights and remedies provided by law and under the Contract. Section 8.4.1 In the event the Agreement is terminated as provided in Section 8.4, the Department shall be entitled: a. to pursue the same remedies against the A/E as it could pursue in the event of a breach of the Agreement by the A/E; and b. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Department) which shall be not less than ten times the costs incurred by the A/E in providing any such gratuities. Section 8.4.2 No member of, nor delegate to Congress, Mayor or City Council Member, nor the Department nor employee of the District, nor the Department nor employee of the Department shall be admitted to any share or part of the Agreement or to any benefit that may arise therefrom, and all agreements entered into by the Contracting Officer of the Department in which he or she be personally interested as well as all agreements made by the Department in which the Mayor or City Council Member or employee of the District shall be personally interested shall be void and no payments shall be made on any such contracts by the Department; but this provision shall not be construed or extend to the agreement if the share of or benefit to the member of, or delegate to Congress, Mayor or City Council Member, or employee of the District is de minimis.and

Gratuities Not to Benefit Provisions. If it is found, after notice and hearing, by the Department that gratuities (in the form of entertainment, gifts, payment, offers of employment employment, or otherwise) were offered or given by the A/E Design-Builder, or any agent or representative of the A/EDesign-Builder, to any official, employee or agent of the Department or the District with a view toward securing the Agreement or any other contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of the ContractAgreement, the Department may, by written notice to the A/EDesign-Builder, terminate the right of the A/E Design-Builder to proceed under the Agreement and may pursue such other rights and remedies provided by law and under the ContractAgreement. Section 8.4.1 15.26.1 In the event the Agreement is terminated as provided in Section 8.4Article 16 of this Agreement, the Department shall be entitled: a. to pursue the same remedies against the A/E Design-Builder as it could pursue in the event of a breach of the Agreement by the A/EDesign-Builder; and b. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Department) which shall be not less than ten times the costs incurred by the A/E Design-Builder in providing any such gratuities. Section 8.4.2 15.26.2 No member of, nor delegate to Congress, Mayor or City Council Member, nor the Department nor employee of the District, nor the Department nor District or employee of the Department shall be admitted to any share or part of the Agreement or to any benefit that may arise therefrom, and all agreements entered into by the Contracting Officer CO of the Department in which he or she be personally interested as well as all agreements made by the Department in which the Mayor or City Council Member or employee of the District shall be personally interested shall be void and no payments shall be made on any such contracts by the Department; but this provision shall not be construed or extend to the agreement if the share of or benefit to the member of, or delegate to Congress, Mayor or City Council Member, or employee of the District is de minimis.

Gratuities Not to Benefit Provisions. If it is found, after notice and hearing, by the Department that gratuities (in the form of entertainment, gifts, payment, offers of employment employment, or otherwise) were offered or given by the A/E Design-Builder, or any agent or representative of the A/EDesign-Builder, to any official, employee or agent of the Department or the District with a view toward securing the Agreement or any other contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of the ContractAgreement, the Department may, by written notice to the A/EDesign-Builder, terminate the right of the A/E Design-Builder to proceed under the Agreement and may pursue such other rights and remedies provided by law and under the ContractAgreement. Section 8.4.1 15.25.1 In the event the Agreement is terminated as provided in Section 8.4Article 16 of this Agreement, the Department shall be entitled: a. to pursue the same remedies against the A/E Design-Builder as it could pursue in the event of a breach of the Agreement by the A/EDesign-Builder; and b. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Department) which shall be not less than ten times the costs incurred by the A/E Design-Builder in providing any such gratuities. Section 8.4.2 15.25.2 No member of, nor delegate to Congress, Mayor or City Council Member, nor the Department nor employee of the District, nor the Department nor District or employee of the Department shall be admitted to any share or part of the Agreement or to any benefit that may arise therefrom, and all agreements entered into by the Contracting Officer CO of the Department in which he or she be personally interested as well as all agreements made by the Department in which the Mayor or City Council Member or employee of the District shall be personally interested shall be void and no payments shall be made on any such contracts by the Department; but this provision shall not be construed or extend to the agreement if the share of or benefit to the member of, or delegate to Congress, Mayor or City Council Member, or employee of the District is de minimis.