PREVENTION OF BRIBERY AND CORRUPTION. 30.1 The Supplier shall not: 30.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting Body, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract; 30.1.2 engage in and shall procure that all Supplier’s Staff, consultants, agents or Sub- Contractors or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- corruption. 30.2 The Supplier warrants, represents and undertakes that it has not: 30.2.1 paid commission or agreed to pay commission to the Customer, Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and 30.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority before execution of this Contract; 30.3 The Supplier shall: 30.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010; 30.3.2 immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 30; 30.3.3 respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 and the Supplier shall co- operate with any investigation and allow the Customer to audit Supplier’s books, records and any other relevant documentation in connection with the breach; 30.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Contract compliance with this Clause 30. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; 30.3.5 have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriate. 30.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches: 30.4.1 this Clause 30; or 30.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect. 30.5 Without prejudice to its other rights and remedies under this Clause 30, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against: 30.5.1 the amount of value of any such gift, consideration or commission; and 30.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30.
Appears in 1 contract
Samples: Courier Services Agreement
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 25.1 The Supplier shall not:
30.1.1 25.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting BodyCustomer, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 25.1.2 engage in and shall procure that all Supplier’s 's Staff, consultants, agents or Sub- Sub-Contractors or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption; and
25.1.3 commit any offences under the Prevention of Corruption Acts 1889 to 1916.
30.2 25.2 The Supplier warrants, represents and undertakes that it has not:
30.2.1 25.2.1 paid commission or agreed to pay commission to the Customer, Contracting Body Customer or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and
30.2.2 25.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority ESPO before execution of this Contract;
30.3 25.3 The Supplier shall:
30.3.1 25.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 25.3.2 immediately notify the Customer and the Authority ESPO if it suspects or becomes aware of any breach of this Clause 30clause 25;
30.3.3 25.3.3 respond promptly to any of the Customer’s 's enquiries regarding any breach, potential breach or suspected breach of this Clause 30 clause 25 and the Supplier shall co- co-operate with any investigation and allow the Customer to audit Supplier’s 's books, records and any other relevant documentation in connection with the breach;
30.3.4 25.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Contract compliance with this Clause 30clause 25. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 have, 25.3.5 have and maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 25.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 25.4.1 this Clause 30clause 25; or
30.4.2 25.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 25.5 Without prejudice to its other rights and remedies under this Clause 30clause 25, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 25.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 25.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30clause 25.
Appears in 1 contract
Samples: Civil Enforcement and Parking Management System Contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 The Supplier shall not:
30.1.1 : offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting BodyCustomer, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 ; engage in and shall procure that all Supplier’s Staff, consultants, agents or Sub- Contractors Sub-contractors or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant lawsLaws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 . The Supplier warrants, represents and undertakes that it has not:
30.2.1 : paid commission or agreed to pay commission to the Customer, Contracting Body Customer or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the this Contract; and
30.2.2 and entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority before execution of this Contract;
30.3 ; The Supplier shall:
30.3.1 : in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 ; immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 30;
30.3.3 clause 20; respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 clause 20 and the Supplier shall co- co-operate with any investigation and allow the Customer to audit Supplier’s books, records and any other relevant documentation in connection with the breach;
30.3.4 ; if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Contract compliance with this Clause 30clause 20. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 have, ; have and maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractorscontractors, or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 . If the Supplier, its Staff, consultants, agents or Sub-Contractors contractors or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 : this Clause 30clause 20; or
30.4.2 or the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 . Without prejudice to its other rights and remedies under this Clause 30clause 20, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 : the amount of value of any such gift, consideration or commission; and
30.5.2 and any other loss sustained by the Customer in consequence of any breach of this Clause 30clause 20.
Appears in 1 contract
Samples: Order Form
PREVENTION OF BRIBERY AND CORRUPTION. 30.1
25.1 The Supplier Service Provider shall not:
30.1.1 25.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting BodyCustomer, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 25.1.2 engage in and shall procure that all SupplierService Provider’s Staff, consultants, agents or Sub- Sub-Contractors or any person acting on the SupplierService Provider's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption; and
25.1.3 commit any offences under the Prevention of Corruption Acts 1889 to 1916.
30.2 25.2 The Supplier Service Provider warrants, represents and undertakes that it has not:
30.2.1 25.2.1 paid commission or agreed to pay commission to the Customer, Contracting Body Customer or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and
30.2.2 25.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority ESPO before execution of this Contract;
30.3 25.3 The Supplier Service Provider shall:
30.3.1 25.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 25.3.2 immediately notify the Customer and the Authority ESPO if it suspects or becomes aware of any breach of this Clause 30clause 25;
30.3.3 25.3.3 respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 clause 25 and the Supplier Service Provider shall co- co-operate with any investigation and allow the Customer to audit SupplierService Provider’s books, records and any other relevant documentation in connection with the breach;
30.3.4 25.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier Service Provider and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and/or Services in connection with this Contract compliance with this Clause 30clause 25. The Supplier Service Provider shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 have, 25.3.5 have and maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, or any person acting on the SupplierService Provider's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 25.4 If the SupplierService Provider, its Staff, consultants, agents or Sub-Contractors or any person acting on the SupplierService Provider's behalf, in all cases whether or not acting with the SupplierService Provider's knowledge breaches:
30.4.1 this Clause 30; or
30.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 Without prejudice to its other rights and remedies under this Clause 30, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30.
Appears in 1 contract
Samples: Outsourcing Agreements
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 32.1 The Supplier shall not:
30.1.1 32.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer Customer, or other Contracting Body, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 32.1.2 engage in and shall procure that all Supplier’s 's Staff, consultants, agents or Sub- Sub-Contractors or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 32.2 The Supplier warrants, represents and undertakes that it has not:: 32.
30.2.1 2.1 paid commission or agreed to pay commission to the Customer, any Contracting Body or any other public body or any person employed by or on behalf of the Customer, any Customer Body or a any other public body in connection with the Contract; and
30.2.2 and 32.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for employed or engaged by the Customer or any other Contracting Body Body, or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority before execution of this Contract;
30.3 32.3 The Supplier shall:: 32.
30.3.1 3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;; 32.
30.3.2 3.2 immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 30;32; 32.
30.3.3 3.3 respond promptly to any of the Customer’s 's enquiries regarding any breach, potential breach or suspected breach of this Clause 30 32 and the Supplier shall co- co-operate with any investigation and allow the Customer to audit Supplier’s 's books, records and any other relevant documentation in connection with the breach;
30.3.4 ; 32.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of compliance with this Clause 32 by the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Contract compliance with this Clause 30Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 ; 32.3.5 have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriateAct.
30.4 32.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 fails to do anything required, or does anything prohibited: 32.4.1 this Clause 3032; or
30.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 Without prejudice to its other rights and remedies under this Clause 30, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30.
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 The Supplier Solicitor shall not:
30.1.1 : offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting Body, Client or any other public body or any person employed by or on behalf of the Customer, Client any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this the Contract;
30.1.2 ; or engage in in, and shall procure that all Supplierthe Solicitor’s Staff, consultants, agents or Sub- Contractors Staff or any person acting on the SupplierSolicitor's behalf shall not commit, in connection with this the Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 . The Supplier Solicitor warrants, represents and undertakes that it has not:
30.2.1 : paid commission or agreed to pay commission to the Customer, Contracting Body Client or any other public body or any person employed by or on behalf of the Customer or a public body Client in connection with the Contract; and
30.2.2 and entered into this the Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body Client or any other public body or any person employed by or on behalf of the Customer Client in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority Client before execution of this the Contract;
30.3 . The Supplier Solicitor shall:
30.3.1 : in relation to this the Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 Guidance; immediately notify the Customer and the Authority Client if it suspects or becomes aware of any breach of this Clause 30;
30.3.3 13; respond promptly to any of the CustomerClient’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 13 and the Supplier Solicitor shall co- co-operate with any investigation and allow the Customer Client to audit SupplierSolicitor’s books, records and any other relevant documentation in connection with the breach;
30.3.4 ; if so required by the CustomerClient, within twenty (20) Working Days of the Commencement Datecommencement date of the Contract, and annually thereafter, certify to the Customer Client in writing of the Supplier compliance with this Clause 13 by the Solicitor and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Contract compliance with this Clause 30the Contract. The Supplier Solicitor shall provide such supporting evidence of compliance as the Customer Client may reasonably request;
30.3.5 ; and have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer Client on request) to prevent it the Solicitor and any of its Staff, consultants, agents or Sub-Contractors, the Solicitor’s Staff or any person acting on the SupplierSolicitor's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 . If the SupplierSolicitor, its Staff, consultants, agents or Sub-Contractors any member of the Solicitor’s Staff or any person acting on the SupplierSolicitor's behalf, in all cases whether or not acting with the SupplierSolicitor's knowledge breaches:
30.4.1 : this Clause 3013; or
30.4.2 or the Bribery Act 2010 in relation to this the Contract or any other contract with the Customer or Contracting Body Client or any other public body or any person employed by or on behalf of the Customer Client or a public body in connection with the Contract, the Customer Client shall be entitled to terminate this the Contract by written notice with immediate effect.
30.5 . Without prejudice to its other rights and remedies under this Clause 3013, the Customer Client shall be entitled to recover in full from the Supplier Solicitor and the Supplier Solicitor shall on demand indemnify the Customer Client in full from and against:
30.5.1 : the amount of value of any such gift, consideration or commission; and
30.5.2 and any other loss sustained by the Customer Client in consequence of any breach of this Clause 3013. NON-DISCRIMINATION The Solicitor shall not unlawfully discriminate within the meaning and scope of any Law, enactment, order or regulation relating to discrimination (whether in race, gender, religion, disability, sexual orientation, age or otherwise). The Solicitor shall take all reasonable steps to secure the observance of Clause 14.1 by all the Solicitor’s Staff employed in the execution of the Contract. PREVENTION OF FRAUD The Solicitor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent any Fraud by the Solicitor and any member of the Solicitor’s Staff. The Solicitor shall notify the Client immediately if it has reason to suspect that any Fraud has occurred or is occurring or is likely to occur save where complying with this provision would cause the Solicitor or any member of the Solicitor’s Staff to commit an offence under the Proceeds of Crime Act 2002 or the Terrorism Act 2000. If: the Solicitor breaches any of its obligations under Clause 15.1 and Clause 15.2; or the Solicitor or any member of the Solicitor’s Staff commits any Fraud in relation to the Contract or any other contract with the Client or any other person, the Client may recover in full from the Solicitor and the Solicitor shall on demand indemnify the Client in full against any and all losses sustained by the Client in consequence of the relevant breach or commission of Fraud, including the cost reasonably incurred by the Client of making other arrangements for the supply of the Contract Services and any additional expenditure incurred by the Client in relation thereto. TRANSFER AND SUB-CONTRACTING The Solicitor shall not assign, novate, enter into a Sub-Contract in respect of, or in any other way dispose of, the Contract or any part of it without the Client’s prior written consent. The Client has consented to the engagement of any Sub-Contractors specifically identified in the Letter of Appointment. The Solicitor shall be responsible for all acts and omissions of its Sub-Contractors and those employed or engaged by the Sub-Contractors as though they are its own. The Client may assign, novate or otherwise dispose of its rights and obligations under the Contract or any part thereof to: any other part of the Crown; or any other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Client; or any private sector body which substantially performs the functions of the Client, provided that any such assignment, novation or other disposal shall not increase the burden of the Solicitor's obligations under the Contract. Any change in the legal status of the Client shall not, subject to Clause 16.5, affect the validity of the Contract. In such circumstances, the Contract shall bind and inure to the benefit of any successor body to the Client. If the rights and obligations under the Contract are assigned, novated or otherwise disposed of pursuant to Clause 16.3 to a body which is not a public body (in the remainder of this Clause any such body being referred to as a "Transferee"): the rights of termination of the Client in Clause 9 shall be available to the Solicitor in the event of, respectively, the bankruptcy or insolvency, or default of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under the Contract or any part thereof with the previous consent in writing of the Solicitor. The Client may disclose to any Transferee any Confidential Information of the Solicitor which relates to the performance of the Solicitor's obligations under the Contract. In such circumstances the Client shall authorise the Transferee to use such Confidential Information only for purposes relating to the performance of the Solicitor's obligations under the Contract and for no other purposes and shall take all reasonable steps to ensure that the Transferee gives a confidentiality undertaking in relation to such Confidential Information. For the purposes of Clause 16.5 each Party shall at its own cost and expense carry out, or use all reasonable endeavours to ensure the carrying out of, whatever further actions (including the execution of further documents) the other Party reasonably requires from time to time for the purpose of giving that other Party the full benefit of the provisions of the Contract.
Appears in 1 contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1
11.1 The Supplier shall not:
30.1.1 11.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Customer, any Contracting Body, Body or any other public body or any person employed by or on behalf of the Customer, Customer any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this the Contract;; or
30.1.2 11.1.2 engage in in, and shall procure that all the Supplier’s Staff, consultants, agents or Sub- Contractors Staff or any person acting on the Supplier's behalf shall not commit, in connection with this the Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 11.2 The Supplier warrants, represents and undertakes that it has not:
30.2.1 11.2.1 paid commission or agreed to pay commission to the Customer, any Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and
30.2.2 11.2.2 entered into this the Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority TfL before execution of this the Contract;.
30.3 11.3 The Supplier shall:
30.3.1 11.3.1 in relation to this the Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010Guidance;
30.3.2 11.3.2 immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 3011;
30.3.3 11.3.3 respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 11 and the Supplier shall co- co-operate with any investigation and allow the Customer to audit Supplier’s books, records and any other relevant documentation in connection with the breach;
30.3.4 11.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Datecommencement date of the Contract, and annually thereafter, certify to the Customer in writing of the compliance with this Clause 11 by the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Contract compliance with this Clause 30the Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;; and
30.3.5 11.3.5 have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it the Supplier and any of its Staff, consultants, agents or Sub-Contractors, the Supplier’s Staff or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 11.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors any member of the Supplier’s Staff or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 11.4.1 this Clause 3011; or
30.4.2 11.4.2 the Bribery Act 2010 in relation to this the Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this the Contract by written notice with immediate effect.
30.5 11.5 Without prejudice to its other rights and remedies under this Clause 3011, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 11.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 11.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 3011.
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 25.1 The Supplier Service Provider shall not:
30.1.1 25.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting BodyCustomer, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 25.1.2 engage in and shall procure that all SupplierService Provider’s Staff, consultants, agents or Sub- Sub-Contractors or any person acting on the SupplierService Provider's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption; and
25.1.3 commit any offences under the Prevention of Corruption Acts 1889 to 1916.
30.2 25.2 The Supplier Service Provider warrants, represents and undertakes that it has not:
30.2.1 25.2.1 paid commission or agreed to pay commission to the Customer, Contracting Body Customer or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and
30.2.2 25.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority ESPO before execution of this Contract;
30.3 25.3 The Supplier Service Provider shall:
30.3.1 25.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 25.3.2 immediately notify the Customer and the Authority ESPO if it suspects or becomes aware of any breach of this Clause 30clause 25;
30.3.3 25.3.3 respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 clause 25 and the Supplier Service Provider shall co- co-operate with any investigation and allow the Customer to audit SupplierService Provider’s books, records and any other relevant documentation in connection with the breach;
30.3.4 25.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier Service Provider and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Contract compliance with this Clause 30clause 25. The Supplier Service Provider shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 have, 25.3.5 have and maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, or any person acting on the SupplierService Provider's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 25.4 If the SupplierService Provider, its Staff, consultants, agents or Sub-Contractors or any person acting on the SupplierService Provider's behalf, in all cases whether or not acting with the SupplierService Provider's knowledge breaches:
30.4.1 25.4.1 this Clause 30clause 25; or
30.4.2 25.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 25.5 Without prejudice to its other rights and remedies under this Clause 30clause 25, the Customer shall be entitled to recover in full from the Supplier Service Provider and the Supplier Service Provider shall on demand indemnify the Customer in full from and against:
30.5.1 25.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 25.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30clause 25.
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1
14.1 The Supplier Solicitor shall not:
30.1.1 14.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Client, any Contracting Body, Body or any other public body or any person employed by or on behalf of the Customer, Client any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this the Contract;; or
30.1.2 14.1.2 engage in in, and shall procure that all Supplierthe Solicitor’s Staff, consultants, agents or Sub- Contractors Staff or any person acting on the SupplierSolicitor's behalf shall not commit, in connection with this the Contract, a Prohibited Act under the Bribery Act 2010Xxxxxxx Xxx 0000, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 14.2 The Supplier Solicitor warrants, represents and undertakes that it has not:
30.2.1 14.2.1 paid commission or agreed to pay commission to the CustomerClient, any Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body Client in connection with the Contract; and
30.2.2 14.2.2 entered into this the Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body Client or any other public body or any person employed by or on behalf of the Customer Client in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer Client and the Authority before execution of this the Contract;.
30.3 14.3 The Supplier Solicitor shall:
30.3.1 14.3.1 in relation to this the Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010Guidance;
30.3.2 14.3.2 immediately notify the Customer and the Authority Client if it suspects or becomes aware of any breach of this Clause 3011;
30.3.3 14.3.3 respond promptly to any of the CustomerClient’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 11 and the Supplier Solicitor shall co- co-operate with any investigation and allow the Customer Client to audit SupplierSolicitor’s books, records and any other relevant documentation in connection with the breach;
30.3.4 14.3.4 if so required by the CustomerClient, within twenty (20) Working Days of the Commencement Datecommencement date of the Contract, and annually thereafter, certify to the Customer Client in writing of the Supplier compliance with this Clause 11 by the Solicitor and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Contract compliance with this Clause 30the Contract. The Supplier Solicitor shall provide such supporting evidence of compliance as the Customer Client may reasonably request;; and
30.3.5 14.3.5 have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer Client on request) to prevent it the Solicitor and any of its Staff, consultants, agents or Sub-Contractors, the Solicitor’s Staff or any person acting on the SupplierSolicitor's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 14.4 If the SupplierSolicitor, its Staff, consultants, agents or Sub-Contractors any member of the Solicitor’s Staff or any person acting on the SupplierSolicitor's behalf, in all cases whether or not acting with the SupplierSolicitor's knowledge breaches:
30.4.1 14.4.1 this Clause 3011; or
30.4.2 14.4.2 the Bribery Act 2010 Xxxxxxx Xxx 0000 in relation to this the Contract or any other contract with the Customer or Contracting Body Client or any other public body or any person employed by or on behalf of the Customer Client or a public body in connection with the Contract, the Customer Client shall be entitled to terminate this the Contract by written notice with immediate effect.
30.5 14.5 Without prejudice to its other rights and remedies under this Clause 3011, the Customer Client shall be entitled to recover in full from the Supplier Solicitor and the Supplier Solicitor shall on demand indemnify the Customer Client in full from and against:
30.5.1 14.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 14.5.2 any other loss sustained by the Customer Client in consequence of any breach of this Clause 3011.
Appears in 1 contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 28.1 The Supplier shall not:
30.1.1 28.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer Customer, or other Contracting Body, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 28.1.2 engage in and shall procure that all Supplier’s Staff, consultants, agents or Sub- Contractors Staff or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 28.2 The Supplier warrants, represents and undertakes that it has not:
30.2.1 28.2.1 paid commission or agreed to pay commission to the Customer, Customer or any Contracting Body or any other public body or any person employed by or on behalf of the Customer Customer, or a any Contracting Body or any public body in connection with the this Contract; and
30.2.2 28.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or any other Contracting Body Body, or any other public body or any person employed by or on behalf of the Customer in connection with the this Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority before execution of this Contract;.
30.3 28.3 The Supplier shall:
30.3.1 28.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 28.3.2 immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 3028;
30.3.3 28.3.3 respond promptly to any of the Customer’s 's enquiries regarding any breach, potential breach or suspected breach of this Clause 30 28 and the Supplier shall co- co-operate with any investigation into the same and allow the Customer to audit the Supplier’s 's books, records and any other relevant documentation in connection with the any such breach;
30.3.4 28.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the compliance with this Clause 28 by the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Contract compliance with this Clause 30Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;; and
30.3.5 28.3.5 have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, Staff or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriateAct.
30.4 28.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors Staff or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 28.4.1 this Clause 3028; or
30.4.2 28.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the this Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 28.5 Without prejudice to its other rights and remedies under this Clause 3028, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 28.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 28.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 3028.
Appears in 1 contract
Samples: Order Form and Call Off Terms
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 25.1 The Supplier shall not:
30.1.1 25.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting BodyCustomer, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 25.1.2 engage in and shall procure that all Supplier’s Staff, consultants, agents or Sub- Contractors Sub-contractors or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- corruption; and
25.1.3 commit any offences under the Prevention of Corruption Acts 1889 to 1916.
30.2 25.2 The Supplier warrants, represents and undertakes that it has not:
30.2.1 25.2.1 paid commission or agreed to pay commission to the Customer, Contracting Body Customer or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and
30.2.2 25.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority before execution of this Contract;
30.3 25.3 The Supplier shall:
30.3.1 25.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 25.3.2 immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 30clause 25;
30.3.3 25.3.3 respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 clause 25 and the Supplier shall co- co-operate with any investigation and allow the Customer to audit Supplier’s books, records and any other relevant documentation in connection with the breach;
30.3.4 25.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Contract compliance with this Clause 30clause 25. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 have, 25.3.5 have and maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractorscontractors, or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 25.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors contractors or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 25.4.1 this Clause 30clause 25; or
30.4.2 25.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 25.5 Without prejudice to its other rights and remedies under this Clause 30clause 25, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 25.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 25.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30clause 25.
Appears in 1 contract
Samples: Order Form and Call Off Terms
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 The Supplier Solicitor shall not:
30.1.1 : offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting Body, Client or any other public body or any person employed by or on behalf of the Customer, Client any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this the Contract;
30.1.2 ; or engage in in, and shall procure that all Supplierthe Solicitor’s Staff, consultants, agents or Sub- Contractors Staff or any person acting on the SupplierSolicitor's behalf shall not commit, in connection with this the Contract, a Prohibited Act under the Bribery Act 2010Xxxxxxx Xxx 0000, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 . The Supplier Solicitor warrants, represents and undertakes that it has not:
30.2.1 : paid commission or agreed to pay commission to the Customer, Contracting Body Client or any other public body or any person employed by or on behalf of the Customer or a public body Client in connection with the Contract; and
30.2.2 and entered into this the Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body Client or any other public body or any person employed by or on behalf of the Customer Client in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority Client before execution of this the Contract;
30.3 . The Supplier Solicitor shall:
30.3.1 : in relation to this the Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 Guidance; immediately notify the Customer and the Authority Client if it suspects or becomes aware of any breach of this Clause 30;
30.3.3 13; respond promptly to any of the CustomerClient’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 13 and the Supplier Solicitor shall co- co-operate with any investigation and allow the Customer Client to audit SupplierSolicitor’s books, records and any other relevant documentation in connection with the breach;
30.3.4 ; if so required by the CustomerClient, within twenty (20) Working Days of the Commencement Datecommencement date of the Contract, and annually thereafter, certify to the Customer Client in writing of the Supplier compliance with this Clause 13 by the Solicitor and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Contract compliance with this Clause 30the Contract. The Supplier Solicitor shall provide such supporting evidence of compliance as the Customer Client may reasonably request;
30.3.5 ; and have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer Client on request) to prevent it the Solicitor and any of its Staff, consultants, agents or Sub-Contractors, the Solicitor’s Staff or any person acting on the SupplierSolicitor's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 . If the SupplierSolicitor, its Staff, consultants, agents or Sub-Contractors any member of the Solicitor’s Staff or any person acting on the SupplierSolicitor's behalf, in all cases whether or not acting with the SupplierSolicitor's knowledge breaches:
30.4.1 : this Clause 3013; or
30.4.2 or the Bribery Act 2010 Xxxxxxx Xxx 0000 in relation to this the Contract or any other contract with the Customer or Contracting Body Client or any other public body or any person employed by or on behalf of the Customer Client or a public body in connection with the Contract, the Customer Client shall be entitled to terminate this the Contract by written notice with immediate effect.
30.5 . Without prejudice to its other rights and remedies under this Clause 3013, the Customer Client shall be entitled to recover in full from the Supplier Solicitor and the Supplier Solicitor shall on demand indemnify the Customer Client in full from and against:
30.5.1 : the amount of value of any such gift, consideration or commission; and
30.5.2 and any other loss sustained by the Customer Client in consequence of any breach of this Clause 3013. NON-DISCRIMINATION The Solicitor shall not unlawfully discriminate within the meaning and scope of any Law, enactment, order or regulation relating to discrimination (whether in race, gender, religion, disability, sexual orientation, age or otherwise). The Solicitor shall take all reasonable steps to secure the observance of Clause 14.1 by all the Solicitor’s Staff employed in the execution of the Contract. PREVENTION OF FRAUD The Solicitor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent any Fraud by the Solicitor and any member of the Solicitor’s Staff. The Solicitor shall notify the Client immediately if it has reason to suspect that any Fraud has occurred or is occurring or is likely to occur save where complying with this provision would cause the Solicitor or any member of the Solicitor’s Staff to commit an offence under the Proceeds of Crime Xxx 0000 or the Terrorism Xxx 0000. If: the Solicitor breaches any of its obligations under Clause 15.1 and Clause 15.2; or the Solicitor or any member of the Solicitor’s Staff commits any Fraud in relation to the Contract or any other contract with the Client or any other person, the Client may recover in full from the Solicitor and the Solicitor shall on demand indemnify the Client in full against any and all losses sustained by the Client in consequence of the relevant breach or commission of Fraud, including the cost reasonably incurred by the Client of making other arrangements for the supply of the Contract Services and any additional expenditure incurred by the Client in relation thereto. TRANSFER AND SUB-CONTRACTING The Solicitor shall not assign, novate, enter into a Sub-Contract in respect of, or in any other way dispose of, the Contract or any part of it without the Client’s prior written consent. The Client has consented to the engagement of any Sub-Contractors specifically identified in the Letter of Appointment. The Solicitor shall be responsible for all acts and omissions of its Sub-Contractors and those employed or engaged by the Sub-Contractors as though they are its own. The Client may assign, novate or otherwise dispose of its rights and obligations under the Contract or any part thereof to: any other part of the Crown; or any other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Client; or any private sector body which substantially performs the functions of the Client, provided that any such assignment, novation or other disposal shall not increase the burden of the Solicitor's obligations under the Contract. Any change in the legal status of the Client shall not, subject to Clause 16.5, affect the validity of the Contract. In such circumstances, the Contract shall bind and inure to the benefit of any successor body to the Client. If the rights and obligations under the Contract are assigned, novated or otherwise disposed of pursuant to Clause 16.3 to a body which is not a public body (in the remainder of this Clause any such body being referred to as a "Transferee"): the rights of termination of the Client in Clause 9 shall be available to the Solicitor in the event of, respectively, the bankruptcy or insolvency, or default of the Transferee; and the Transferee shall only be able to assign, novate or otherwise dispose of its rights and obligations under the Contract or any part thereof with the previous consent in writing of the Solicitor. The Client may disclose to any Transferee any Confidential Information of the Solicitor which relates to the performance of the Solicitor's obligations under the Contract. In such circumstances the Client shall authorise the Transferee to use such Confidential Information only for purposes relating to the performance of the Solicitor's obligations under the Contract and for no other purposes and shall take all reasonable steps to ensure that the Transferee gives a confidentiality undertaking in relation to such Confidential Information. For the purposes of Clause 16.5 each Party shall at its own cost and expense carry out, or use all reasonable endeavours to ensure the carrying out of, whatever further actions (including the execution of further documents) the other Party reasonably requires from time to time for the purpose of giving that other Party the full benefit of the provisions of the Contract.
Appears in 1 contract
PREVENTION OF BRIBERY AND CORRUPTION. 30.1 The Supplier shall not:
30.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Customer or other Contracting Body, or any other public body or person employed by or on behalf of the Customer, any gift or other consideration of any kind which could act as an inducement or a reward for any act or failure to act in relation to this Contract;
30.1.2 engage in and shall procure that all Supplier’s Staff, consultants, agents or Sub- Sub-Contractors or any person acting on the Supplier's behalf shall not commit, in connection with this Contract, a Prohibited Act under the Bribery Act 2010, or any other relevant laws, statutes, regulations or codes in relation to bribery and anti- anti-corruption.
30.2 The Supplier warrants, represents and undertakes that it has not:
30.2.1 paid commission or agreed to pay commission to the Customer, Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract; and
30.2.2 entered into this Contract with knowledge, that, in connection with it, any money has been, or will be, paid to any person working for or engaged by the Customer or other Contracting Body or any other public body or any person employed by or on behalf of the Customer in connection with the Contract, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the Customer and the Authority before execution of this Contract;
30.3 The Supplier shall:
30.3.1 in relation to this Contract, act in accordance with the Ministry of Justice Guidance pursuant to Section 9 of the Bribery Act 2010;
30.3.2 immediately notify the Customer and the Authority if it suspects or becomes aware of any breach of this Clause 30;
30.3.3 respond promptly to any of the Customer’s enquiries regarding any breach, potential breach or suspected breach of this Clause 30 and the Supplier shall co- co-operate with any investigation and allow the Customer to audit Supplier’s books, records and any other relevant documentation in connection with the breach;
30.3.4 if so required by the Customer, within twenty (20) Working Days of the Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Contract Contract, compliance with this Clause 30. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request;
30.3.5 have, maintain and enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any of its Staff, consultants, agents or Sub-Contractors, or any person acting on the Supplier's behalf from committing a Prohibited Act and shall enforce it where appropriate.
30.4 If the Supplier, its Staff, consultants, agents or Sub-Contractors or any person acting on the Supplier's behalf, in all cases whether or not acting with the Supplier's knowledge breaches:
30.4.1 this Clause 30; or
30.4.2 the Bribery Act 2010 in relation to this Contract or any other contract with the Customer or Contracting Body or any other public body or any person employed by or on behalf of the Customer or a public body in connection with the Contract, the Customer shall be entitled to terminate this Contract by written notice with immediate effect.
30.5 Without prejudice to its other rights and remedies under this Clause 30, the Customer shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Customer in full from and against:
30.5.1 the amount of value of any such gift, consideration or commission; and
30.5.2 any other loss sustained by the Customer in consequence of any breach of this Clause 30.Clause
Appears in 1 contract
Samples: Order Form and Call Off Terms