Common use of PROHIBITION OF GRATUITIES Clause in Contracts

PROHIBITION OF GRATUITIES. a. Seller warrants that its officers, directors, employees, agents and representatives have not offered or given, and will not offer or give, any gratuities in the form of entertainment, gifts, or otherwise, to any officer or employee of Company or its Customer with a view toward (i) Securing this or any other Contract issued by Company, (ii) Any favorable treatment with respect to the awarding or amending of this or any other Contract issued by Company or (iii) The making of any determination with respect to Seller's rights or duties under this or any other Contract issued by Company. b. Seller warrants that it has not made or solicited and will not make or solicit kickbacks as defined in FAR 52.203-7 or the Anti-Kickback Act (41 c. For any breach of Seller's warranty under this Clause, Company shall have, in addition to any other rights provided by this Contract, the right to terminate all Contracts with Seller for default, and to recover from Seller the amount of any gratuity paid together with all damages (including the amount of any penalty or fine) that are incurred by Company as a result of Seller's breach, plus all reasonable costs (including attorney fees) expended by Company in seeking such recovery.

Appears in 5 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

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PROHIBITION OF GRATUITIES. a. Seller warrants that its officers, directors, employees, agents and representatives have not offered or given, and will not offer or give, any gratuities in the form of entertainment, gifts, or otherwise, to any officer or employee of the Company or its Customer with a view toward toward (i) Securing securing this or any other Contract issued by the Company, , (ii) Any any favorable treatment with respect to the awarding or amending of this or any other Contract issued by the Company or or (iii) The the making of any determination with respect to Seller's rights or duties under this or any other Contract issued by the Company. b. Seller warrants that it has not made or solicited and will not make or solicit kickbacks as defined in FAR 52.203-7 or the Anti-Kickback Act (41 c. For any breach of Seller's warranty under this Clause, Clause the Company shall have, in addition to any other rights provided by this Contract, the right to terminate all Contracts with Seller for default, and to recover from Seller the amount of any gratuity paid together with all damages (including the amount of any penalty or fine) that are incurred by the Company as a result of Seller's breach, plus all reasonable costs (including attorney fees) expended by the Company in seeking such recovery.

Appears in 4 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

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