Prevention of Fraud and Corruption. 18.1 The Supplier 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 Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement.
18.2 The Supplier shall take all reasonable steps, in accordance with good industry practice, to prevent fraud by the Staff and the Supplier (including its shareholders, members and directors) in connection with the Agreement and shall notify the Customer immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
18.3 If the Supplier or the Staff engages in conduct prohibited by clause 18.1 or commits fraud in relation to the Agreement or any other contract with the Crown (including the Customer) the Customer may:
18.3.1 terminate the Agreement and recover from the Supplier the amount of any loss suffered by the Customer resulting from the termination, including the cost reasonably incurred by the Customer of making other arrangements for the supply of the Services and any additional expenditure incurred by the Customer throughout the remainder of the Agreement; or
18.3.2 recover in full from the Supplier any other loss sustained by the Customer in consequence of any breach of this clause.
Prevention of Fraud and Corruption. 20.1 The Supplier 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.
20.2 The Supplier shall take all reasonable steps, in accordance with Good Industry Practice, to prevent fraud by the Staff and the Supplier (including its shareholders, members and directors) in connection with the Contract and shall notify UKRI immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
20.3 If the Supplier or the Staff engages in conduct prohibited by clause 20.1 or commits fraud in relation to the Contract or any other contract with the Crown (including UKRI) UKRI may:
(a) terminate the Contract and recover from the Supplier the amount of any loss suffered by UKRI resulting from the termination, including the cost reasonably incurred by UKRI of making other arrangements for the supply of the Goods and/or Services and any additional expenditure incurred by UKRI throughout the remainder of the Contract; or
(b) recover in full from the Supplier any other loss sustained by UKRI in consequence of any breach of this clause.
Prevention of Fraud and Corruption. 24.1 Each party represents and warrants that neither it, nor to the best of its knowledge any of its employees, agents or contractors have at any time prior to the Start Date:
24.1.1 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
24.1.2 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.
24.2 Neither party during the term of this Licence shall 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 this Licence or for showing or refraining from showing favour or disfavour to any person in relation to this Licence.
24.3 Each party shall take all reasonable steps in accordance with good industry practice to prevent fraud by its employees, and the party (including its shareholders, members and directors), in connection with this Licence and shall notify the other party in writing immediately if it has reason to suspect that any fraud is occurring or is likely to occur.
24.4 If a party or its staff engages in conduct prohibited by Clause 24.1.1 or commits fraud in relation to this Licence, the other shall be entitled to:
24.4.1 terminate this Licence and recover from the first party the amount of any loss suffered resulting from the termination, including the cost reasonably incurred by making other arrangements for the provision of access to the Licensed Material and any additional expenditure incurred by the other party throughout the remainder of this Licence; and
24.4.2 recover in full from the first party any other loss sustained in consequence of any breach of this clause.
Prevention of Fraud and Corruption. Each party represents and warrants that neither it, nor to the best of its knowledge any of its employees, agents or contractors have at any time prior to the Start Date: 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 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. Neither party during the term of this Licence shall 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 this Licence or for showing or refraining from showing favour or disfavour to any person in relation to this Licence. Each party shall take all reasonable steps in accordance with good industry practice to prevent fraud by its employees, and the party (including its shareholders, members and directors), in connection with this Licence and shall notify the other party in writing immediately if it has reason to suspect that any fraud is occurring or is likely to occur. If a party or its staff engages in conduct prohibited by Clause 24.1.1 or commits fraud in relation to this Licence, the other shall be entitled to: terminate this Licence and recover from the first party the amount of any loss suffered resulting from the termination, including the cost reasonably incurred by making other arrangements for the provision of access to the Licensed Material and any additional expenditure incurred by the other party throughout the remainder of this Licence; and recover in full from the first party any other loss sustained in consequence of any breach of this clause.
Prevention of Fraud and 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 Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent Prohibited Acts by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 22.1 or commits a Prohibited Act in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 23.3. A Dispute referred for determination under clause 23.2 shall be resolved as follows: by referral in the first instance to the decision of the Parties’ respective contract managers; and if a Dispute is not resolved within 14 days of its referral pursuant to clause 23.3(a), such Dispute shall be referred to [TBC] for the Trust and [TBC] for the Contractor; and if a Dispute is not resolved within 21 days of its referral pursuant to clause 23.3(b) such Dispute shall be referred to the Chair for the Trust and [TBC] for the Contractor. If the dispute cannot be resolved by the Parties within one month of being escalated as referred to in clause 23.3(b), the dispute may by agreement betwe...
Prevention of Fraud and Corruption. The Supplier 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 Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Supplier shall take all reasonable steps, in accordance with good industry practice, to prevent fraud by the Staff and the Supplier (including its shareholders, members and directors) in connection with the Agreement and shall notify the Customer immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur. If the Supplier or the Staff engages in conduct prohibited by clause 18.1 or commits fraud in relation to the Agreement or any other contract with the Customer, the Customer may: terminate the Agreement and recover from the Supplier the amount of any loss suffered by the Customer resulting from the termination, including the cost reasonably incurred by the Customer of making other arrangements for the supply of the Goods and any additional expenditure incurred by the Customer throughout the remainder of the Agreement; or recover from the Supplier, in full, any other loss sustained by the Customer in consequence of any breach of this clause. Governing Law, Jurisdiction and Dispute Resolution The validity, construction and performance of the Agreement, and all contractual and non-contractual matters arising out of it, shall be governed by Malawian law and shall be subject to the exclusive jurisdiction of the Malawian courts to which the Parties submit. The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Agreement and such efforts shall involve the escalation of the dispute to an appropriately senior representative of each Party. If the dispute cannot be resolved by the Parties within one (1) month of being escalated, as referred to in clause 19.2, the dispute may by agreement between the Parties be referred to a neutral adviser or mediator (the “Mediator”) chosen by agreement between the Parties. All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings. If the Parties fail to appoint a Mediator within one (1) month or fail to enter into a written agreement resolving the dispute within...
Prevention of Fraud and Corruption. 19.1 The Supplier 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 Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement.
19.2 The Supplier shall take all reasonable steps, in accordance with good industry practice, to prevent fraud by the Staff and the Supplier (including its shareholders, members and directors) in connection with the Agreement and shall notify the Council immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
19.3 If the Supplier or the Staff engages in conduct prohibited by clause 19.1 or commits fraud in relation to the Agreement or any other contract with the Council the Council may:
19.3.1 terminate the Agreement and recover from the Supplier the amount of any loss suffered by the Council resulting from the termination, including the cost reasonably incurred by the Council of making other arrangements for the supply of the Goods and any additional expenditure incurred by the Council throughout the remainder of the Agreement; or
19.3.2 recover in full from the Supplier any other loss sustained by the Council in consequence of any breach of this clause.
Prevention of Fraud and Corruption. 12.1 Hornbill 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 agreement or for showing or refraining from showing favour or disfavour to any person in relation to the agreement.
12.2 Hornbill shall take all reasonable steps, in accordance with good industry practice, to prevent fraud by its staff (meaning directors, officers, employees, agents, consultants and contractors of Hornbill and/or of any sub-contractor of Hornbill engaged in the performance of Xxxxxxxx’s obligations under the agreement) and Hornbill (including its shareholders, members and directors) in connection with the agreement and shall notify the Customer immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
12.3 If Hornbill or its staff (as defined in clause 12.2 above) engages in conduct prohibited by clause 12.1 or commits fraud in relation to the agreement or any other contract with the Customer, the Customer may:
12.3.1 terminate the agreement and recover from Hornbill the amount of any loss suffered by the Customer resulting from the termination, including the cost reasonably incurred by the Customer of making other arrangements for the supply of the SaaS Service (and Support Service and any other ancillary services) and any additional expenditure incurred by the Customer throughout the remainder of the agreement; or
12.3.2 recover in full from Hornbill any other loss sustained by the Customer in consequence of any breach of this clause.
Prevention of Fraud and Corruption. 9.1 The RSB will not offer, give, or agree to give anything to any person as 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 this Delegation Agreement or for showing or refraining from showing favour or disfavour to any person in relation to this Delegation Agreement.
9.2 The RSB will take all reasonable steps, in accordance with good industry practice, to prevent fraud by the Staff and the RSB (including its shareholders, members and directors) in connection with this Delegation Agreement and will notify the FRC immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
9.3 If the RSB or the Staff engages in conduct prohibited by clause 9.1 or commits fraud in relation to this Delegation Agreement or any other contract with the Crown (including the FRC) the FRC may:
(a) terminate this Delegation Agreement and recover from the RSB the amount of any loss suffered by the FRC resulting from the termination, including the cost reasonably incurred by the FRC of making other arrangements for the performance of the Delegated Tasks and any additional expenditure reasonably incurred by the FRC throughout the remainder of this Delegation Agreement; and/or
(b) recover in full from the RSB any other loss sustained by the FRC in consequence of any breach of this clause.
Prevention of Fraud and Corruption. 22.1 The Supplier 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 Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement.
22.2 The Supplier shall take all reasonable steps, in accordance with good industry practice, to prevent fraud by the Staff and the Supplier (including its shareholders, members and directors) in connection with the Agreement and shall notify Progress immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
22.3 If the Supplier or the Staff engages in conduct prohibited by clause 22.1 or commits fraud in relation to the Agreement or any other contract with Progress’s group (including Progress) Progress may:
22.3.1 terminate the Agreement and recover from the Supplier the amount of any loss suffered by Progress resulting from the termination, including the cost reasonably incurred by Progress of making other arrangements for the supply of the Services and any additional expenditure incurred by Progress throughout the remainder of the Agreement; or
22.3.2 recover in full from the Supplier any other loss sustained by Progress in consequence of any breach of this clause.
