Common use of PREVENTION OF BRIBERY Clause in Contracts

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.

PREVENTION OF BRIBERY. 24.1 Each Consortium Member23.1 The Provider: 24.1.1 23.1.1 shall not, and shall procure that any of its representatives Provider Party and all Provider Personnel shall not, in connection with this Agreement commit a Prohibited Act; 24.1.2 23.1.2 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 itthe Commissioner, 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 the Commissioner before execution of this Agreement. 24.1.3 23.2 The Provider shall: 23.2.1 if requested by the other Partiesrequested, provide the other Consortium Members Commissioner with any reasonable assistance, that at the other Consortium Members may reasonably requestCommissioner's reasonable cost, to enable the other Consortium Members Commissioner 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 23.2.2 within 5 Business Days of the Commencement Date, and annually thereafter, certify to the Commissioner in writing (such certification to be signed by an officer of the Provider) compliance with this clause 23 by the Provider and all persons associated with it or other persons who are supplying supplies or services in connection with this Agreement. The Provider shall provide such supporting evidence of compliance as the Commissioner may reasonably request. 23.3 The Provider shall have an anti-bribery policy (which shall be disclosed to the Commissioner) to prevent any Provider Party or Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 23.4 If any breach of this clause 24 23 is suspected or known, each Consortium Member the Provider must notify the Lead Force Commissioner immediately. 24.3 23.5 If one Consortium Member the Provider notifies the Lead Force Commissioner that it suspects or knows that there may be a breach of this clause 2423, the Consortium Members will Provider must respond promptly to any the Commissioner's enquiries, co-operate with any investigation, and allow the other Consortium Member Commissioner to audit books, records and any other relevant documentation. This obligation shall continue for 5 years following the expiry or termination of this Agreement. 24.4 Any Consortium Member 23.6 The Commissioner may terminate this Agreement by written notice with immediate effect if the other Consortium Members Provider, Provider Party or their Representatives Provider Personnel (in all cases whether or not acting with the Parties’ Provider's knowledge) breaches this clause 24. 123. In determining whether to exercise the right of termination under this Clause 24.4clause 23, each Consortium Member the Commissioner shall give all due consideration, where appropriate, to action actions other than termination of this Agreement unless the Prohibited Act is committed by the Provider or a senior officer of one the Consortium Members Provider or by an employee, sub-contractor or supplier not acting independently of the relevant Consortium MemberProvider. The expression "not acting independently of" (when used in relation to the Provider or a sub-contractor) means and shall be construed as acting: 24.4.1 23.6.1 with the authority; or, 24.4.2 , or with the actual knowledge; knowledge of any one or more of the senior management directors of the relevant Consortium MemberProvider or the sub-contractor (as the case may be); or 24.4.3 23.6.2 in circumstances where any one or more of the senior managers directors of the relevant Consortium Member Provider ought reasonably to have had knowledge. 23.7 Any notice of Agreement termination under this clause 23 must specify: 23.7.1 the nature of the Prohibited Act; 23.7.2 the identity of the party whom the Commissioner believes has committed the Prohibited Act; 23.7.3 the date on which this Agreement will terminate. 23.8 Despite clause 37 (Dispute resolution), any dispute relating to : 23.8.1 the interpretation of this clause 23; or 23.8.2 the amount or value of any gift, consideration or commission, shall be determined by the Commissioner and its decision shall be final and conclusive. 23.9 Any Agreement termination under this clause 23 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Commissioner.

PREVENTION OF BRIBERY. 24.1 Each Consortium Member33.1 The Supplier: 24.1.1 33.1.1 shall not, and shall procure that any of its representatives Supplier Party and all Supplier Personnel shall not, in connection with this Agreement Contract commit a Prohibited Act; 24.1.2 33.1.2 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 itthe Council, or that an agreement has been reached to that effect, in connection with the execution of this AgreementContract, excluding any arrangement of which full details have been disclosed in writing to it the Council before execution of this AgreementContract. 24.1.3 33.2 The Supplier shall: 33.2.1 if requested by the other Partiesrequested, provide the other Consortium Members Council with any reasonable assistance, that at the other Consortium Members may reasonably requestCouncil's reasonable cost, to enable the other Consortium Members 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; 24.2 33.3 The Supplier shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any Supplier Party or Supplier Personnel from committing a Prohibited Act and shall enforce it where appropriate. 33.4 If any breach of this clause 24 33.1 is suspected or known, each Consortium Member the Supplier must notify the Lead Force Council immediately. 24.3 33.5 If one Consortium Member the Supplier notifies the Lead Force Council that it suspects or knows that there may be a breach of this clause 2433.1, the Consortium Members will Supplier must respond promptly to any the Council's enquiries, co-co- operate with any investigation, and allow the other Consortium Member Council to audit books, records and any other relevant documentation. This obligation shall continue for six years following the expiry or termination of this Contract. 24.4 Any Consortium Member 33.6 The Council may terminate this Agreement Contract by written notice with immediate effect if the other Consortium Members Supplier, Supplier Party or their Representatives Supplier Personnel (in all cases whether or not acting with the Parties’ Supplier's knowledge) breaches clause 2433.1. 1. In determining whether to exercise the right 33.7 Any notice of termination under this Clause 24.4, each Consortium Member shall give all due consideration, where appropriate, to action other than termination clause 33.6 must specify: 33.7.1 the nature of this Agreement unless the Prohibited Act is committed by a senior officer of one Act; 33.7.2 the Consortium Members or by an employee, sub-contractor or supplier not acting independently identity of the relevant Consortium Member. The expression "not acting independently of" means and shall be construed as actingparty whom the Council believes has committed the Prohibited Act; and 33.7.3 the date on which this Contract will terminate. 33.8 Despite clause 20 (Dispute resolution), any dispute relating to: 24.4.1 with 33.8.1 the authority; or, 24.4.2 with the actual knowledge; interpretation of any one or more of the senior management of the relevant Consortium Memberclause 33; or 24.4.3 in circumstances where 33.8.2 the amount or value of any one gift, consideration or more of commission, shall be determined by the senior managers of Council and its decision shall be final and conclusive. 33.9 Any termination under clause 33.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the relevant Consortium Member ought reasonably to have had knowledgeCouncil.