Common use of Prevention of Fraud and Corruption Clause in Contracts

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 one (1) month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law.

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 21.1 or commits fraud in relation to the Agreement or any other contract with the Customer, 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 or Services and any additional expenditure incurred by the Customer throughout the remainder of the Agreement; or recover in full from the Supplier, in full, Supplier 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, escalated as referred to in clause 19.222.1, 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 month, or fail to enter into a written agreement resolving the dispute within one (1) month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law.

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 19.1 or commits fraud in relation to the Agreement or any other contract with the Customer, 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 Services and any additional expenditure incurred by the Customer throughout the remainder of the Agreement; or recover in full from the Supplier, in full, Supplier 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, escalated as referred to in clause 19.220.1, 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 month, or fail to enter into a written agreement resolving the dispute within one (1) month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law.

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 Services and any additional expenditure incurred by the Customer throughout the remainder of the Agreement; or recover in full from the Supplier, in full, Supplier 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, escalated as referred to in clause 19.219.1, 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 month, or fail to enter into a written agreement resolving the dispute within one (1) month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law.