Common use of GRATUITIES TO GOVERNMENT EMPLOYEES Clause in Contracts

GRATUITIES TO GOVERNMENT EMPLOYEES. A. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such lease; provided that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be an issue and may be reviewed in any competent court. B. In the event this lease is terminated as provided in paragraph (A) hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of breach of the lease by the Lessor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Lessor in providing any such gratuities to any such officer or employee. C. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease.

Appears in 12 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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GRATUITIES TO GOVERNMENT EMPLOYEES. A. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease Lease if it is found, after notice and hearing, hearing by the Secretary of the Army Army, or his his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) , were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease Lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing of such leaseLease; provided provided, that the existence of facts upon which the Secretary of the Army or his his/her duly authorized representative makes such findings finding, shall be an in issue and may be reviewed in any competent court. B. In the event this lease Lease is so terminated as provided in paragraph (A) A hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease Lease by the Lessor, and (2) 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 Secretary of the Army or his his/her duly authorized representative) which shall be not less than three (3), nor more than ten (10), times the cost incurred by the Lessor in providing any such gratuities to any such Government officer or employee. C. The rights and remedies of provided to the Government provided in this clause Section 2.17 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this leaseLease.

Appears in 8 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

GRATUITIES TO GOVERNMENT EMPLOYEES. A. a. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent agency or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing performing, of such lease; provided , provided, that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be an in issue and may be reviewed in any competent court. B. b. In the event this lease is terminated as provided in paragraph (A) hereof, a hereof the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, Lessor and (2) as a penalty 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 Secretary of the Army or his duly authorized representative) which shall be not less than three (3) nor more than ten (10) times the cost incurred by the Lessor in providing any such gratuities to any such officer or employee. C. c. The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

GRATUITIES TO GOVERNMENT EMPLOYEES. A. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease Lease if it is found, after notice and hearing, hearing by the Secretary of the Army Army, or his his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) , were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease Lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing of such leaseLease; provided provided, that the existence of facts upon which the Secretary of the Army or his his/her duly authorized representative makes such findings finding, shall be an in issue and may be reviewed in any competent court. B. In the event this lease Lease is so terminated as provided in paragraph (A) A hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease Lease by the Lessor, and (2) 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 Secretary of the Army or his his/her duly authorized representative) which shall be not less than three (3), nor more than ten (10), times the cost incurred by the Lessor in providing any such gratuities to any such Government officer or employee. C. The rights and remedies of provided to the Government provided in this clause Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this leaseLease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

GRATUITIES TO GOVERNMENT EMPLOYEES. A. (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army Real Estate Contracting Officer (RECO) or his his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing performing, of such leaseleases; provided provided, that the existence of facts upon which the Secretary of the Army RECO or his duly authorized representative makes such findings shall be an in issue and may be reviewed in any competent court. B. (b) In the event this lease is terminated as provided in paragraph (Aa) hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (2) 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 Secretary of the Army RECO or his duly authorized representative) which shall be not less than three nor more than ten times the cost costs incurred by the Lessor in providing any such gratuities to any such officer or employee. C. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease.

Appears in 1 contract

Samples: Lease Agreement

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GRATUITIES TO GOVERNMENT EMPLOYEES. A. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease Lease if it is found, after notice and hearing, hearing by the Secretary of the Army Army, or his his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) , were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease Lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing of such leaseLease; provided provided, that the existence of facts upon which the Secretary of the Army or his his/her duly authorized representative makes such findings finding, shall be an in issue and may be reviewed in any competent court. B. In the event this lease Lease is so terminated as provided in paragraph (A) A hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease Lease by the Lessor, and (2) 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 Secretary of the Army or his his/her duly authorized representative) which shall be not less than three (3), nor more than ten (10), times the cost incurred by the Lessor in providing any such gratuities to any such Government officer or employee. C. The rights and remedies of provided to the Government provided in this clause Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this leaseLease.

Appears in 1 contract

Samples: u.s. Government Lease

GRATUITIES TO GOVERNMENT EMPLOYEES. A. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease Lease if it is found, after notice and hearing, hearing by the Secretary of the Army Army, or his his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) , were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease Lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing of such leaseLease; provided provided, that the existence of facts upon which the Secretary of the Army or his his/her duly authorized representative makes such findings finding, shall be an in issue and may be reviewed in any competent court. B. In the event this lease Lease is so terminated as provided in paragraph (A) A hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease Lease by the Lessor, and (2) 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 Secretary of the Army or his his/her duly authorized representative) which shall be not less than three (3), nor more than ten (10), times the cost incurred by the Lessor in providing any such gratuities to any such Government officer or employee.. SAMPLE C. The rights and remedies of provided to the Government provided in this clause Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this leaseLease.

Appears in 1 contract

Samples: Lease Agreement

GRATUITIES TO GOVERNMENT EMPLOYEES. A. The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease Lease if it is found, after notice and hearing, hearing by the Secretary of the Army Army, or his his/her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) , were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease Lease or securing favorable treatment with respect to the awarding or amending amending, or the making of any determinations with respect to the performing of such leaseLease; provided provided, that the existence of facts upon which the Secretary of the Army or his his/her duly authorized representative makes such findings finding, shall be an in issue and may be reviewed in any competent court.. SAMPLE B. In the event this lease Lease is so terminated as provided in paragraph (A) A hereof, the Government shall be entitled (1) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease Lease by the Lessor, and (2) 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 Secretary of the Army or his his/her duly authorized representative) which shall be not less than three (3), nor more than ten (10), times the cost incurred by the Lessor in providing any such gratuities to any such Government officer or employee. C. The rights and remedies of provided to the Government provided in this clause Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this leaseLease.

Appears in 1 contract

Samples: Lease Agreement

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