Prevention of Facilitation of Tax Evasion Sample Clauses

Prevention of Facilitation of Tax Evasion. Each Party represents, warrants and undertakes that neither it nor its Affiliates shall commit a tax evasion facilitation offence under Part 3 of the UK Criminal Finances Xxx 0000 in connection with or attributable to this Agreement or the transactions contemplated hereby.
Sample 1Sample 2
AutoNDA by SimpleDocs
Prevention of Facilitation of Tax Evasion. (a) Each Party represents, warrants and undertakes that neither it nor its Affiliates shall commit a tax evasion facilitation offence under Part 3 of the UK Criminal Finances Xxx 0000 in connection with or attributable to this Agreement or the transactions contemplated hereby. (b) Each Party shall promptly report to the other Party any apparent breach of Section 4.7.4(a) and shall (i) answer, in reasonable detail, any written or oral inquiry from the other Party related to its and its Affiliates compliance with Section 4.7.4(a), (ii) facilitate the interview of employees of such Party by the other Party (or any agent of such Party) at any reasonable time specified by the inquiring Party related to such Party’s compliance with Section 4.7.4(a) and (iii) co-operate with the inquiring Party and any Governmental Authority in relation to any investigation relating to the matters referred to in Section 4.7.4(a), in all cases, as reasonably required to enable that other Party to comply with its undertaking in Section 4.7.4.
Sample 1
Prevention of Facilitation of Tax Evasion. 12.1 The Supplier shall: 12.1.1 not provide tax advice without the express prior written consent of the Customer; 12.1.2 not engage in any activity, practice or conduct which would constitute an offence under section 45 (failure to prevent facilitation of domestic tax evasion) or section 47 (failure to prevent facilitation of overseas tax evasion) of the Criminal Finances Act 2017; 12.1.3 have and shall maintain in place throughout the term of this Agreement its own prevention policies and procedures, including reasonable procedures under the Criminal Finances Act 2017, to ensure compliance with clauses 12.1.1 and 12.1.2 (Prevention Policies and Procedures), and will enforce them where appropriate; 12.1.4 implement a system of training for its employees to ensure compliance with its Prevention Policies and Procedures; and 12.1.5 upon request, certify to the Customer in writing signed by an officer of the Supplier, compliance with this Clause 12 by the Supplier and all persons associated with it under Clause 12.2. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request. 12.2 The Supplier shall ensure that any person associated with the Supplier who is performing the Services in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Supplier in this Clause 12 (Relevant Terms). The Supplier shall be responsible for the observance and performance by such persons of the Relevant Terms and shall be directly liable to the Customer for any breach by such persons of any of the Relevant Terms. 12.3 The Supplier warrants and represents that: 12.3.1 neither the Supplier nor any of its officers or employees: (i) has been convicted of any offence involving failure to prevent facilitation of domestic tax evasion or overseas tax evasion; or (ii) having made reasonable enquiries, so far as it is aware, has been or is the subject of any investigation, inquiry, or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence under the Criminal Finances Act 2017. 12.4 The Supplier shall promptly notify the Customer if, at any time during the term of this Agreement, its circumstances, knowledge, or awareness changes such that it would be in breach of this clause 12 or it would not be able to repeat the warranties set out at Clause 12.3 at the relevant time. 12.5 ...
Sample 1
Prevention of Facilitation of Tax Evasion. In this Section 7.12, (Prevention of Facilitation of Tax Evasion), references “to “committing tax evasion” shall include: (a) fraudulently failing to pay any amount of Tax to the relevant Tax Authority within any applicable time limit for the payment of such Tax without incurring interest or penalties; and (b) fraudulently claiming any relief, allowance, credit, deduction, exemption or set-off in respect of any Tax (or relevant to the computation of any income, profits or gains for the purposes of any Tax), or any right to or actual repayment of or saving of Tax. 7.12.1 Each Party represents, warrants and undertakes that: (a) neither it nor its Affiliates shall commit tax evasion in relation to any Tax for which it is responsible arising out of the transactions contemplated by this Agreement; (b) neither it nor its Affiliates shall undertake any activities which would facilitate or otherwise result in another Person committing tax evasion in relation to any Tax for which it is responsible arising out of the transactions contemplated by this Agreement; and (c) it and its Affiliates shall maintain reasonable procedures designed to prevent any employees, agents, or other Persons who perform services for them or on their behalf from undertaking any activities which would facilitate or otherwise result in another Person committing tax evasion in relation to any Tax for which it is responsible arising out of the transactions contemplated by this Agreement. 7.12.2 Licensor shall promptly report any apparent breach of Section 7.12 (Prevention of Facilitation of Tax Evasion) to Licensee. Licensee shall promptly report any apparent breach of Section 7.12 (Prevention of Facilitation of Tax Evasion) to Licensor. 7.12.3 Each Party shall: (a) answer, in reasonable detail, any written or oral inquiry from the other Party related to such Party’s compliance with this Section 7.12 (Prevention of Facilitation of Tax Evasion); (b) facilitate the interview of staff employed by such Party (or any agent of such Party) at any reasonable time specified by the other Party related to such Party’s compliance with this Section 7.12 (Prevention of Facilitation of Tax Evasion); and (c) co-operate with the other Party or any regulator or public authorities in relation to any investigation relating to the matters referred to in this Section 7.12 (Prevention of Facilitation of Tax Evasion). Table of Contents
Sample 1
Prevention of Facilitation of Tax Evasion. (a) Each Party represents, warrants and undertakes that it and its Affiliates shall not commit a tax evasion facilitation offence under Applicable Law in connection with or attributable to this Agreement or the transactions contemplated hereby. (b) Each Party shall promptly report to the other Party any apparent breach of Section 10.3.4(a) and shall (i) answer, in reasonable detail, any written or oral inquiry from the other Party related to its and its Affiliates compliance with Section 10.3.4(a), (ii) facilitate the interview of employees of such Party by the other Party (or any agent of such Party) at any reasonable time specified by the inquiring Party related to such Party’s compliance with Section 10.3.4(a) and (iii) cooperate with the inquiring Party or any governmental authority in relation to any investigation relating to the matters referred to in Section 10.3.4(a), in all cases, as reasonably required to enable that other Party to comply with its undertaking in Section 10.3.4(a).
Sample 1
Prevention of Facilitation of Tax Evasion. (a) No person acting in the capacity of an Associated Person (as defined in section 44(4) of the CFA 2017) of EARNZ or any EARNZ Group Company has committed: (i) a UK tax evasion facilitation offence under section 45(5) of the CFA 2017; or (ii) a foreign tax evasion facilitation offence under section 46(6) of the CFA 2017. (b) EARNZ and each EARNZ Group Company has in place (and has had in place at all times since 30 September 2017) such prevention procedures (as defined in sections 45(3) and 46(4) of the CFA 2017) as are reasonable in all the circumstances to expect them to have in place and which are in line with any guidance published from time to time pursuant to section 47 of the CFA 2017. (c) None of EARNZ, any EARNZ Group Company nor, so far as EARNZ is aware, any of their Associated Persons is or has been the subject of any investigation, inquiry, prosecution or enforcement proceedings regarding any offence or alleged offence under Part 3 of the CFA 2017, and no such investigation, inquiry, prosecution or enforcement proceedings have been threatened or are pending and, so far as EARNZ is aware, there are no circumstances likely to give rise to any such investigation, inquiry, prosecution or proceedings. 1. The Transaction (a) any of the terms and conditions of the Placing; and/or (b) the Circular.
Sample 1
Prevention of Facilitation of Tax Evasion. 12.1 The Supplier shall: 12.1.1 not provide tax advice without the express prior written consent of the Client; 12.1.2 not engage in any activity, practice or conduct which would constitute an offence under section 45 (failure to prevent facilitation of domestic tax evasion) or section 47 (failure to prevent facilitation of overseas tax evasion) of the Criminal Finances Act 2017; 12.1.3 have and shall maintain in place throughout the term of this Agreement its own prevention policies and procedures, including reasonable procedures under the Criminal Finances Act 2017, to ensure compliance with clauses 12.1.1 and 12.1.2 (Prevention Policies and Procedures), and will enforce them where appropriate; 12.1.4 implement a system of training for its employees to ensure compliance with its Prevention Policies and Procedures; and 12.1.5 upon request, certify to the Client in writing signed by an officer of the Supplier, compliance with this Clause 12 by the Supplier and all persons associated with it under Clause 12.
Sample 1
AutoNDA by SimpleDocs
Prevention of Facilitation of Tax Evasion. 7.12.1. In this Section 7.12: (a) references to ‘committing tax evasion’ shall include: (i) fraudulently or dishonestly failing to pay any amount of tax to the relevant tax authority within any applicable time limit for the payment of such tax without incurring interest or penalties; and (ii) fraudulently or dishonestly claiming any relief, allowance, credit, deduction, exemption or set off in respect of any tax (or relevant to the computation of any income, profits or gains for the purposes of any tax), or any right to or actual repayment of or saving of tax; and (b) ‘tax’ or ‘taxation’ means (i) taxes on gross or net income, profits and gains, and (ii) all other taxes, levies, duties, imposts, charges and withholdings of any nature, including any excise, property, wealth, capital, value added, sales, use, occupation, transfer, franchise and payroll taxes and any national insurance or social security contributions, together with all penalties, charges, fees and interest relating to any of the foregoing or to any late or incorrect return in respect of any of them. 7.12.2. Each Party represents, warrants and undertakes to the other that in connection with the performance of its obligations under this Agreement or with respect to payments from one Party to the other Party under this Agreement, as applicable: (a) neither it nor its Affiliates shall commit tax evasion; (b) neither it nor its Affiliates shall undertake any activities which would facilitate or otherwise result in another person committing tax evasion and which would amount to a UK tax facilitation evasion offence or a foreign tax facilitation evasion offence for the purposes of Part 3 of the UK Criminal Finances Act of 2017; and (c) it and its Affiliates shall supervise its employees, agents or other persons who perform services for them or on their behalf that are in each case engaged on matters related to this Agreement, in a manner consistent with its foregoing undertakings. 7.12.3. Each Party shall promptly report any apparent breach by it of Section 7.12.2 to the other Party.
Sample 1

Related to Prevention of Facilitation of Tax Evasion

  • 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 and/or any other relevant documentation in accordance with clause 22. 29.6 If the Supplier is in Default under clause 29.1 and/or clause 29.2, the Authority may by notice:‌ (a) require the Supplier to remove from performance of this agreement any Supplier's Personnel whose acts or omissions have caused the Default; or (b) immediately terminate this agreement. 29.7 Any notice served by the Authority under clause 29.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this agreement shall terminate).

  • Violation of Agreement If Guest(s) violates any of the conditions of this Agreement, Agent may terminate this Agreement and enter premises. Upon notice of termination of this Agreement, Guest(s) shall vacate the Premises immediately and forfeit all rents and security deposits.

  • NON APPROPRIATION OF FUNDS This Contract is contingent upon the appropriation of sufficient funds by appropriate MPS officials. If funds are not appropriated, Contractor agrees to take back any commodities furnished under the Contract, terminate any services supplied to MPS under the Contract, and relieve MPS of any further obligations under the Contract.

  • Prevention of Corruption The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Contract or for showing or refraining from showing favour or disfavour to any person in relation to the Contract.

  • DETERMINATION OF BREACH AND TERMINATION OF AGREEMENT A. Prior to making a determination that the Applicant has failed to comply in any material respect with the terms of this Agreement or to meet any material obligation under this Agreement, the District shall provide the Applicant with a written notice of the facts which it believes have caused the breach of this Agreement, and if cure is possible, the cure proposed by the District. After receipt of the notice, the Applicant shall be given ninety (90) days to present any facts or arguments to the Board of Trustees showing that it is not in breach of its obligations under this Agreement, or that it has cured or undertaken to cure any such breach. B. If the Board of Trustees is not satisfied with such response or that such breach has been cured, then the Board of Trustees shall, after reasonable notice to the Applicant, conduct a hearing called and held for the purpose of determining whether such breach has occurred and, if so, whether such breach has been cured. At any such hearing, the Applicant shall have the opportunity, together with their counsel, to be heard before the Board of Trustees. At the hearing, the Board of Trustees shall make findings as to: i. whether or not a breach of this Agreement has occurred; ii. whether or not such breach is a Material Breach; iii. the date such breach occurred, if any;

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!