PREVENTION OF BRIBERY. 29.1 The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier's Personnel, have at any time prior to the Commencement Date:
(a) committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or
(b) been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
29.2 The Supplier shall not during the term of this agreement:
(a) commit a Prohibited Act; and/or
(b) do or suffer anything to be done which would cause the Authority or any of the Authority's employees, consultants, contractors, sub- contractors or agents to contravene any of the Bribery Act or otherwise incur any liability in relation to the Bribery Act.
29.3 The Supplier shall during the term of this agreement:
(a) establish, maintain and enforce, and require that its Sub- contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Bribery Act and prevent the occurrence of a Prohibited Act; and
(b) keep appropriate records of its compliance with its obligations under clause 29.3(a) and make such records available to the Authority on request.
29.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of clause 29.1 and/or clause 29.2, or has reason to believe that it has or any of the Supplier's Personnel have:
(a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
(b) been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; and/or
(c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this agreement or otherwise suspects that any person or Party directly or indirectly connected with this agreement has committed or attempted to commit a Prohibited Act.
29.5 If the Supplier makes a notification to the Authority pursuant to clause 29.4, the Supplier shall respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit any books, records ...
PREVENTION OF BRIBERY. 16.1 In this clause
PREVENTION OF BRIBERY.
8.1 The Company:
8.1.1 shall not, and shall procure that any Director, officer, employee, adviser or representative of any of them shall not, in connection with this Agreement commit a Prohibited Act;
8.1.2 warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Council, or that an agreement has been reached to that effect, in connection with the execution of this Agreement, excluding any arrangement of which full details have been disclosed in writing to the Council before execution of this Agreement.
8.2 The Company shall:
8.2.1 if requested, provide the Council with any reasonable assistance, at the Council's reasonable cost, to enable the Council to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act 2010; and
8.2.2 within 10 Business Days of the date of this Agreement, and annually thereafter, certify to the Council in writing (such certification to be signed by an officer of the Company) compliance with this clause 8 by the Company and all persons associated with it or other persons who are supplying goods or services in connection with this Agreement. The Company shall provide such supporting evidence of compliance as the Council may reasonably request.
8.3 The Company shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any of its Directors, officers, employees, advisers or representatives of the company from committing a Prohibited Act and shall enforce it where appropriate.
8.4 If any breach of clause 8.1 is suspected or known, the party in breach must notify the Council immediately.
8.5 If any Company notifies the Council that it suspects or knows that there may be a breach of clause 8.1, such company must respond promptly to the Council's enquiries, co-operate with any investigation, and allow the Council to audit books, records and any other relevant documentation.
8.6 The Council may terminate this Agreement or any other agreement with the Company concerned by written notice with immediate effect if any such Company or Director, officer, employee, adviser or representative of such Company (in all cases whether or not acting with such Company's knowledge) breaches clause 8.1.
8.7 Any notice of termination under clause 8.6 must specify:
8.7.1 the nature of the Prohibited Act;
8.7.2 the identity of the party whom the Council ...
PREVENTION OF BRIBERY. The Supplier hereby undertakes that, at the date of the entering into force of the Contract, itself, its directors, officers or employees have not offered, promised, given, authorized, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Contract and that it has taken reasonable measures to prevent sub suppliers, agents or any other third parties, from doing so. Failure to comply with this clause or any act of offering, soliciting or accepting advantage committed by the Supplier or by an employee, agent or sub- supplier of the Supplier shall, without affecting the its liability for such failure and act, result in this contact being invalidated.
PREVENTION OF BRIBERY. 19.1 The Supplier warrants and undertakes to the Company that:
19.1.1 it will comply with applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000;
19.1.2 it will comply with the Company’s anti-bribery policy as may be amended from time to time, a copy of which will be provided to the Supplier on written request;
19.1.3 it will procure that any person who performs or has performed services for or on its behalf (“Associated Person”) in connection with this Agreement complies with this Condition 19;
19.1.4 it will not enter into any agreement with any Associated Person in connection with this Agreement, unless such agreement contains undertakings on the same terms as contained in this Condition 19;
19.1.5 it has and will maintain in place effective accounting procedures and internal controls necessary to record all expenditure in connection with the Agreement;
19.1.6 from time to time, at the reasonable request of the Company, it will confirm in writing that it has complied with its undertakings under clauses 19.1.1 –
PREVENTION OF BRIBERY. 20.1. The Recipient shall:
20.1.1. not, and shall procure that its staff, agents, consultants and sub-contractors shall not, in connection with this Agreement, commit a Prohibited Act;
20.1.2. not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK;
20.1.3. comply with the Authority’s anti-bribery policies, as updated from time to time and notified to the Recipient;
20.1.4. have and shall maintain throughout the term of this Agreement its own policies and procedures, including adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with clauses 20.1.1, 20.1.2 and 20.1.3;
20.1.5. promptly report to the Authority any request or demand for any undue financial or other advantage of any kind received by the Recipient in connection with the Funded Activities;
20.1.6. immediately notify the Authority in writing if a foreign public official becomes an officer or employee of the Recipient or acquires a direct or indirect interest in the Recipient, and the Recipient warrants that it has no foreign public officials as officers, employees or direct or indirect owners at the date of this Agreement;
20.1.7. if requested, provide the Authority with any reasonable assistance, at the Authority’s reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act;
20.1.8. within one (1) month of the Award Date, and annually thereafter, certify to the Authority in writing (such certification to be signed by an officer of the Recipient) compliance with this clause 20 by the Recipient and all persons associated with it or other persons who are supplying goods or services in connection with this Agreement. The Recipient shall provide such supporting evidence of compliance as the Authority may reasonably request.
20.2. For the purpose of this clause 20, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purpose of this clause 20, a person associated with the Recipient includes any agent, delegate or subcontractor of the Agent.
PREVENTION OF BRIBERY. The Registrar shall not, and shall procure that its directors, employees, agents and sub-contractors who are involved in this Registrar Agreement shall not solicit or accept any advantage as defined in the Prevention of Bribery Ordinance (Cap 201) in relation to this Registrar Agreement. The Registrar shall also caution its directors, employees, agents and sub-contractors against soliciting or accepting any excessive hospitality, entertainment or inducements which would impair their impartiality in relation to the Registrar Agreement. The Registrar shall take all necessary measures (including by way of internal guidelines or contractual provisions where appropriate) to ensure that its directors, employees, agents and subcontractors are aware of the aforesaid prohibition and will not solicit or accept any advantage, excessive hospitality, etc. in relation to the business of HKIRC.
PREVENTION OF BRIBERY. 15.1 Neither party shall, and shall procure that all of its staff shall not, in connection with this Agreement commit a Prohibited Act.
15.2 Each party shall have an anti-bribery policy (which shall be disclosed to the other upon request) to prevent any of its employees from committing a Prohibited Act and shall enforce it where appropriate.
PREVENTION OF BRIBERY. The Consultant hereby undertakes that, at the date of the entering into force of the Agreement, itself, its directors, officers or employees have not offered, promised, given, authorized, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Agreement and that it has taken reasonable measures to prevent sub- consultants, agents or any other third parties, from doing so. Failure to comply with this clause or any act of offering, soliciting or accepting advantage committed by the Consultant or by an employee, agent or sub- consultant of the Consultant shall, without affecting the its liability for such failure and act, result in this Agreement being invalidated.
PREVENTION OF BRIBERY. 24.1 Each Consortium Member:
24.1.1 shall not, and shall procure that any of its representatives shall not, in connection with this Agreement commit a Prohibited Act;
24.1.2 warrants, represents and undertakes to the other Consortium Members that it is not aware of any financial or other advantage being given to any person working for or engaged by it, or that an agreement has been reached to that effect, in connection with the execution of this Agreement, excluding any arrangement of which full details have been disclosed in writing to it before execution of this Agreement.
24.1.3 if requested by the other Parties, provide the other Consortium Members with any reasonable assistance, that the other Consortium Members may reasonably request, to enable the other Consortium Members to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act;
24.2 If any breach of this clause 24 is suspected or known, each Consortium Member must notify the Lead Force immediately.
24.3 If one Consortium Member notifies the Lead Force that it suspects or knows that there may be a breach of this clause 24, the Consortium Members will respond promptly to any enquiries, co-operate with any investigation, and allow the other Consortium Member to audit books, records and any other relevant documentation.
24.4 Any Consortium Member may terminate this Agreement by written notice with immediate effect if the other Consortium Members or their Representatives (in all cases whether or not acting with the Parties’ knowledge) breaches clause 24.
1. In determining whether to exercise the right of termination under this Clause 24.4, each Consortium Member shall give all due consideration, where appropriate, to action other than termination of this Agreement unless the Prohibited Act is committed by a senior officer of one the Consortium Members or by an employee, sub-contractor or supplier not acting independently of the relevant Consortium Member. The expression "not acting independently of" means and shall be construed as acting:
24.4.1 with the authority; or,
24.4.2 with the actual knowledge; of any one or more of the senior management of the relevant Consortium Member; or
24.4.3 in circumstances where any one or more of the senior managers of the relevant Consortium Member ought reasonably to have had knowledge.
