Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff: a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to: (i) induce that person to perform improperly a relevant function or activity; or (ii) reward that person for improper performance of a relevant function or activity; b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact; c) commits any offence: (i) under the Xxxxxxx Xxx 0000; (ii) under legislation creating offences concerning fraudulent acts; (iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or (iv) defrauding, attempting to defraud or conspiring to defraud the Authority D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract. D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000. D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request. D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately. D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation. D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may; a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses. D1.8 Despite clause I (Disputes and Law), any dispute relating to: a) the interpretation of clause D1; or b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive. D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority. D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall: a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2; b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof. D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff. D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000. D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time. D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time. D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment. D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 39 contracts
Samples: Provision of Services Agreement, Support Agreement, Commercial Agreement
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall notnot offer or give, and shall procure that or agree to give, to the Authority or any Staff shall not, commit other public body or any person employed by or on behalf of the prohibited acts listed in this clause D1 Authority or any other public body any hospitality, gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention obtaining or execution of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defraudingAuthority or any other public body, attempting or for showing or refraining from showing favour or disfavour to defraud any person in relation to the Contract or conspiring to defraud the Authorityany such contract.
D1.2 The Contractor warrants, represents and undertakes warrants that it is has not aware of paid commission or agreed to pay commission to the Authority or any financial other public body or other advantage being given to any person working for employed by or engaged by on behalf of the Authority, Authority or that an agreement has been reached to that effect, any other public body in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf behalf, engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract . D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 Act 2010 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to timeAct 1998. D3 The Contracts (Rights of Third Parties) Xxx 0000 Act 1999 A person who is not a party Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.. D5 Health and Safety
D4.2 In delivering D5.1 The Contractor shall promptly notify the Services, Authority of any health and safety hazards which may arise in connection with the performance of its obligations under the Contract. The Authority shall promptly notify the Contractor shall comply of any health and safety hazards which may exist or arise at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to Authority’s Premises and which may affect the Contractor from time to timein the performance of its obligations under the Contract.
Appears in 7 contracts
Samples: Contract for the Provision of Services, Consultancy and Professional Services Agreement, Provision of Plain English Services
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor Provider shall notnot offer or give, and shall procure that or agree to give, to the Authority or any Staff shall not, commit other public body or any person employed by or on behalf of the prohibited acts listed in this clause D1 Authority or any other public body any hospitality, gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention obtaining or execution of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defraudingAuthority or any other public body, attempting or for showing or refraining from showing favour or disfavour to defraud any person in relation to the Contract or conspiring to defraud the Authorityany such contract.
D1.2 The Contractor warrants, represents and undertakes Provider warrants that it is has not aware of paid commission or agreed to pay commission to the Authority or any financial other public body or other advantage being given to any person working for employed by or engaged by on behalf of the Authority, Authority or that an agreement has been reached to that effect, any other public body in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the ContractorProvider, its Staff or anyone acting on the ContractorProvider’s behalf behalf, engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor Provider the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor Provider any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract . D2 Discrimination
D2.1 The Contractor In delivering the Services, the Provider shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor Provider shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor Provider shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor Provider shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor Provider shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor Provider from time to time.
D2.5 Where delivering the Services in Wales, the Contractor Provider shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor Provider from time to time.
D2.6 In delivering the Services, the Contractor Provider shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor Provider from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 5 contracts
Samples: Provision of Residential Training, Contract for the Provision of Residential Training, Contract for the Provision of Residential Training
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall notnot offer or give, and shall procure that or agree to give, to the Authority or any Staff shall not, commit other public body or any person employed by or on behalf of the prohibited acts listed in this clause D1 Authority or any other public body any hospitality, gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention obtaining or execution of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defraudingAuthority or any other public body, attempting or for showing or refraining from showing favour or disfavour to defraud any person in relation to the Contract or conspiring to defraud the Authorityany such contract.
D1.2 The Contractor warrants, represents and undertakes warrants that it is has not aware of paid commission or agreed to pay commission to the Authority or any financial other public body or other advantage being given to any person working for employed by or engaged by on behalf of the Authority, Authority or that an agreement has been reached to that effect, any other public body in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf behalf, engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract . D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.. D5 Health and Safety
D4.2 In delivering D5.1 The Contractor shall promptly notify the Services, Authority of any health and safety hazards which may arise in connection with the performance of its obligations under the Contract. The Authority shall promptly notify the Contractor shall comply of any health and safety hazards which may exist or arise at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to Authority’s Premises and which may affect the Contractor from time to timein the performance of its obligations under the Contract.
Appears in 4 contracts
Samples: Employment Agreement, Contract for in Work Support Services, Contract for Services
Statutory Obligations and Regulations. D1 Prevention of Bribery and CorruptionCorruption
D1.1 The Contractor shall notnot offer or give, and shall procure that or agree to give, to the Authority or any Staff shall not, commit other public body or any person employed by or on behalf of the prohibited acts listed in this clause D1 Authority or any other public body any hospitality, gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention obtaining or execution of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defraudingAuthority or any other public body, attempting or for showing or refraining from showing favour or disfavour to defraud any person in relation to the Contract or conspiring to defraud the Authorityany such contract.
D1.2 The Contractor warrants, represents and undertakes warrants that it is has not aware of paid commission or agreed to pay commission to the Authority or any financial other public body or other advantage being given to any person working for employed by or engaged by on behalf of the Authority, Authority or that an agreement has been reached to that effect, any other public body in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf behalf, engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract . D2 DiscriminationDiscrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 0000 A person who is not a party Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 4 contracts
Samples: Contract for Services, Employability Programme Contract, Contract for Services
Statutory Obligations and Regulations. D1 Prevention of Bribery and CorruptionCorruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 DiscriminationDiscrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 4 contracts
Samples: Employability Skills Services Agreement, Provision of Services Agreement, Service Agreement
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall shall:
a) if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.;
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 3 contracts
Samples: Provision of Services Agreement, Specialist Support Agreement, Specialist Support Agreement
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall notnot offer or give, and shall procure that or agree to give, to any Staff shall notemployee, commit agent, servant or representative of XXX any gift or consideration of the prohibited acts listed in this clause D1 any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention of bribery. For the purposes obtaining or execution of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with XXX, or for showing or refraining from showing favour or disfavour to any person in relation to this Contract or any such contract. The attention of the Authority; or
(iv) defrauding, attempting Contractor is drawn to defraud or conspiring the criminal offences under the Prevention of Corruption Acts 1889 to defraud the Authority1916.
D1.2 The Contractor warrants, represents and undertakes that it is shall not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, enter into this Contract if in connection with it commission has been paid or is agreed to be paid to any employee or representative of XXX by the execution Contractor or on the Contractor’s behalf, unless before this Contract is made particulars of any such commission and of the Contract, excluding terms and conditions of any arrangement of which full details agreement for the payment thereof have been disclosed in writing to the Authority before execution of the ContractXXX.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, Where the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 Contractor’s employees, servants, sub-contractors, suppliers or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff agents or anyone acting on the Contractor’s behalf behalf, engages in conduct prohibited by clauses Clauses D1.1 or D1.2D1.2 in relation to this or any other contract with XXX, XXX has the Authority may;right to:
(a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority XXX resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
(b) recover in full from the Contractor any other Loss loss sustained by the Authority XXX in consequence of any breach of those clausesthis Condition, whether or not the Contract has been terminated.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 D1.4 In exercising its rights or remedies under clause D1.7this Condition, the Authority XXX shall:
(a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity ofof the person performing, the person performing the conduct prohibited by clauses D1.1 or D1.2act;
(b) give all due consideration, where appropriate, to action other than termination of the contract D2 DiscriminationContract.
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislationany law, enactment, order, or any statutory modification regulation relating to discrimination (whether in race, gender, religion, disability, sexual orientation or re-enactment thereofotherwise) in employment.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause Clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions servants, employees or agents of the Human Rights Xxx 0000Contractor and all suppliers and sub-contractors employed in the execution of the Contract.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 2 contracts
Samples: Contract for Professional Services, Contract for Professional Services
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure ensure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of briberyD1. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If The Contractor shall immediately notify the Authority in writing if it becomes aware of or suspects any breach Default of clauses D1.1 or D1.2 is suspected D1.2, or knownhas reason to believe that it has or any Staff has:
a) been subject to an investigation or prosecution which relates to an alleged prohibited act in Clauses D1.1 or D1.2;
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 Contractor must notify grounds of a Prohibited Act; or
c) received a request or demand for any undue financial or other advantage of any kind in connection with the Authority immediatelyperformance 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 in clauses D1.1 or D1.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach Default of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; orand
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach Default of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) shall act in a reasonable and proportionate manner having regard to such matters as the gravity of, of the conduct prohibited by clauses D1.1 or D1.2 and the identity of, the person performing the conduct that prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract conduct. D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
Requirements [Optional - Only where Schedule 7 included D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time].
Appears in 2 contracts
Samples: Self Efficacy Advocacy Support Service Agreement, Service Agreement
Statutory Obligations and Regulations. D1 Prevention of Bribery and CorruptionCorruption
D1.1 The Contractor shall not, and shall procure ensure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery(“Prohibited Act”). For the purposes of this clause D1, a prohibited act Prohibited Act is committed when the Contractor or any Staff:Staff:-
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:to:-
(i) induce that person to perform improperly a relevant function or activityactivity improperly; oror
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;Contact;
c) commits any offence:offence:-
(i) under the Xxxxxxx Xxx 0000;Bribery Act 2010;
(ii) under legislation creating offences concerning fraudulent acts;acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; oror
(iv) relating to defrauding, attempting to defraud or conspiring to defraud the AuthorityAuthority.
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.Bribery Act 2010.
D1.4 The Contractor shall have an anti-bribery policy which prevents it implements actively to prevent any Staff from committing any prohibited acts Prohibited Acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.request.
D1.5 If The Contractor shall immediately notify the Authority in writing if it becomes aware of or suspects any breach Default of clauses D1.1 or D1.2 is suspected D1.2, or knownhas reason to believe that it has or any of its Staff has:-
a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act in clauses D1.1 or D1.2;
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; or
c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Contract or otherwise suspects that any person or party directly or indirectly connected with this Contract has committed or attempted to commit a Prohibited Act in clauses D1.1 or D1.2. Any Default by the Contractor must notify in connection with this clause D1.5 shall entitle the Authority immediately.to exercise its rights under clause F5.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach Default of clauses clause D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses clause D1.1 or D1.2, the Authority may;may:-
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; orand
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach Default of those clauses.clauses.
D1.8 Despite Notwithstanding clause I (Disputes and Law), any dispute relating to:to:-
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.Authority under the Contract or otherwise.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) shall act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing of the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination D1.2 and the identity of the contract person performing that Prohibited Act. D2 DiscriminationDiscrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 Act 2010 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 [and Schedule [8] (Life Chances)] by all Staff.
. D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. Act 1998. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. Act 1999 D4 Environmental RequirementsRequirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 [7] (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time].
D4.2 If the Contractor purchases new products partially or wholly to provide the Services, the Contractor must ensure that:-
a) any purchase of products or goods listed in Schedule 1 to the Energy Information Regulations 2011 (products with energy labels) has the highest energy efficiency class possible;
b) any purchase of products listed in Schedule 1 to the Energy Information Regulations 2011, which is not a product with energy labels within the meaning of clause D4.2(a), complies with the relevant energy efficiency benchmark for that product in paragraph 4 to Schedule 1 of the Eco- Design for Energy-Related Products Regulations 2010;
(i) any purchase of products listed in Annex C of 2006/1005/EC (Council Decision of 18 December 2006 concerning the conclusion of the agreement between the government of the United States of America and the European Community on the Coordination of the energy efficiency labelling programme for office equipment) complies with energy efficiency requirements not less demanding than those listed in Annex C of that Council Decision; and
(ii) any purchase of tyres carrying a label as specified in Annex II to Regulation (EC) Number 1222/2009 of the European Parliament and of the Council of 25 November 2009 (on the labelling of tyres with respect to fuel efficiencies and other parameters) has the highest fuel energy efficiency class (as defined by that Regulation).
D4.3 The new purchases that the Contractor makes in clause D4.2 should be cost- effective and technically suited to the Services. For the avoidance of doubt, the Contractor is not required to purchase products under clause D4.2 where those products are not cost-effective or are not technically suited to the provision of the Services]. D5 Health and Safety
D5.1 The Contractor shall promptly notify the Authority of any health and safety hazards which may arise in connection with the performance of its obligations under the Contract.
D5.2 The Authority shall promptly notify the Contractor of any health and safety hazards which may exist or arise at the Authority’s Premises and which may affect the Contractor in the performance of its obligations under the Contract.]
D5.3 While on the Authority’s Premises, the Contractor shall comply with any health and safety measures implemented by the Authority in respect of Staff and other persons working there.]
D5.4 The Contractor shall notify the Authority immediately in the event of any incident occurring in the performance of its obligations under the Contract on the Authority’s Premises where that incident causes any personal injury or damage to property which could give rise to personal injury.
D5.5 The Contractor shall comply with the requirements of the Health and Safety at Work Act etc.1974 and any other acts, orders, regulations and codes of practice relating to health and safety, which may apply to Staff and other persons working on the Authority’s Premises in the performance of its obligations under the Contract.
D5.6 The Contractor shall ensure that its health and safety policy statement (as required by the Health and Safety at Work Act etc.1974) is made available to the Authority on request. D6 Requirements for Timber
D6.1 As set out in the Specification all timber and wood-derived products for supply or use in performance of this Contract must be independently verifiable and come from:-
a) a legal source; and
b) a sustainable source, which can include a source licensed by the Forest Law Enforcement Governance and Trade (FLEGT)-licence or an equivalent D7 Tax Compliance
D7.1 The Contractor represents and warrants that as at the Commencement Date, it has notified the Authority in writing of any Occasions of Tax Non-Compliance or any litigation that it is involved in that is in connection with any occasions of Tax Non-Compliance.
D7.2 If at any point during the Contract Period, an Occasion of Tax Non-Compliance occurs, the Contractor shall:-
a) notify the Authority in writing of such fact within five (5) Working Days of its occurrence; and
b) promptly provide to the Authority:-
(i) details of the steps taken by the Contractor and any steps that the Contractor will take to address the Occasion of Tax Non- Compliance and to prevent the same from recurring, together with any mitigating factors that it considers relevant; and
(ii) such other information in relation to the Occasion of Tax Non- Compliance as the Authority may require.] D8 Termination Rights due to any Occasion of Tax Non-Compliance
D8.1 The Authority shall be entitled to terminate the Contract in the event that:-
a) the warranty given by the Contractor pursuant to clause D7.1 is false;
b) the Contractor fails to notify the Authority of any Occasion of Tax Non- Compliance as required by clause D7.2; or
c) the Contractor fails to provide details of proposed mitigating factors which in the reasonable opinion of the Authority are acceptable]. For the avoidance of doubt any breach of this clause D8.1 shall constitute a Material Breach. D9 Accessible Digital Standards
D9.1 The Supplier shall comply with (or with equivalents to):
a) the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI) Web Content Accessibility Guidelines (WCAG) 2.1 Conformance Level AA; and
b) EN301549 v.2.1.2 (2018-08) Accessibility requirements for ICT products and services as such standards are revised and updated from time to time.
Appears in 1 contract
Samples: DWP Contract
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall notnot offer or give, and shall procure that or agree to give, to the Authority or any Staff shall not, commit other public body or any person employed by or on behalf of the prohibited acts listed in this clause D1 Authority or any other public body any hospitality, gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention obtaining or execution of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defraudingAuthority or any other public body, attempting or for showing or refraining from showing favour or disfavour to defraud any person in relation to the Contract or conspiring to defraud the Authorityany such contract.
D1.2 The Contractor warrants, represents and undertakes warrants that it is has not aware of paid commission or agreed to pay commission to the Authority or any financial other public body or other advantage being given to any person working for employed by or engaged by on behalf of the Authority, Authority or that an agreement has been reached to that effect, any other public body in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf behalf, engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract . D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 Act 2010 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to timeAct 1998. D3 The Contracts (Rights of Third Parties) Xxx 0000 Act 1999 A person who is not a party Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment. D5 Health and Safety
D5.1 The Contractor shall promptly notify the Authority of any health and safety hazards which may arise in connection with the performance of its obligations under the Contract. The Authority shall promptly notify the Contractor of any health and safety hazards which may exist or arise at the Authority’s Premises and which may affect the Contractor in the performance of its obligations under the Contract.
D4.2 In delivering D5.2 While on the ServicesAuthority’s Premises, the Contractor shall comply at all times with any health and safety measures implemented by the Authority in respect of Staff and other persons working there.
D5.3 The Contractor shall notify the Authority immediately in the event of any incident occurring in the performance of its obligations under the Contract on the Premises where that incident causes any personal injury or damage to property which could give rise to personal injury.
D5.4 The Contractor shall comply with the requirements set out of the Health and Safety at Work Act 1974 and any other acts, orders, regulations and codes of practice relating to health and safety, which may apply to Staff and other persons working on the Premises in Schedule 7 the performance of its obligations under the Contract.
D5.5 The Contractor shall ensure that its health and safety policy statement (Sustainable Development Requirements) or such other requirements as notified required by the Authority Health and Safety at Work Act 1974) is made available to the Contractor from time to timeAuthority on request.
Appears in 1 contract
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Bribxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Bribxxx Xxx 0000.
D1.4 X1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx Act 0000 or xx other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx Act 0000.
D2.4 X2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx Act 0000 A X person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx Act 0000 and xxx does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 1 contract
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 1 contract
Samples: Digital Services Agreement
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000Bribery Act 2010;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000Bribery Act 2010.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 Act 2010 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000Act 1998.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 Act 1999 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 1 contract
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 1 contract
Samples: Provision of Issue of Arrest Warrants With and Without Bail Services
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents is intended to deter any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 1 contract
Samples: Provision of Diffuse Mesothelioma Payment Scheme (Dmps) Levy Collection Service
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall notnot offer or give, and shall procure that or agree to give, to the Authority or any Staff shall not, commit other public body or any person employed by or on behalf of the prohibited acts listed in this clause D1 Authority or any other public body any hospitality, gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the prevention obtaining or execution of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defraudingAuthority or any other public body, attempting or for showing or refraining from showing favour or disfavour to defraud any person in relation to the Contract or conspiring to defraud the Authorityany such contract.
D1.2 The Contractor warrants, represents and undertakes warrants that it is has not aware of paid commission or agreed to pay commission to the Authority or any financial other public body or other advantage being given to any person working for employed by or engaged by on behalf of the Authority, Authority or that an agreement has been reached to that effect, any other public body in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf behalf, engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract . D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party Party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment. D5 Health and Safety
D5.1 The Contractor shall promptly notify the Authority of any health and safety hazards which may arise in connection with the performance of its obligations under the Contract. The Authority shall promptly notify the Contractor of any health and safety hazards which may exist or arise at the Authority’s Premises and which may affect the Contractor in the performance of its obligations under the Contract.
D4.2 In delivering D5.2 While on the ServicesAuthority’s Premises, the Contractor shall comply at all times with any health and safety measures implemented by the Authority in respect of Staff and other persons working there.
D5.3 The Contractor shall notify the Authority immediately in the event of any incident occurring in the performance of its obligations under the Contract on the Premises where that incident causes any personal injury or damage to property which could give rise to personal injury.
D5.4 The Contractor shall comply with the requirements set out of the Health and Safety at Work Xxx 0000 and any other acts, orders, regulations and codes of practice relating to health and safety, which may apply to Staff and other persons working on the Premises in Schedule 7 the performance of its obligations under the Contract.
D5.5 The Contractor shall ensure that its health and safety policy statement (Sustainable Development Requirements) or such other requirements as notified required by the Authority Health and Safety at Work Act 1974) is made available to the Contractor from time to time.Authority on request. D6 Not used
Appears in 1 contract
Samples: Contract for in Work Support
Statutory Obligations and Regulations. D1 Prevention of Bribery and Corruption
D1.1 The Contractor shall not, and shall procure that any Staff shall not, commit any of the prohibited acts listed in this clause D1 in relation to the prevention of bribery. For the purposes of this clause D1, a prohibited act is committed when the Contractor or any Staff:
a) directly or indirectly offers, promises or gives any person working for or engaged by the Authority a financial or other advantage to:
(i) induce that person to perform improperly a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
b) directly or indirectly requests, agrees to receive or accepts any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Contact;
c) commits any offence:
(i) under the Xxxxxxx Xxx 0000Bribery Act 2010;
(ii) under legislation creating offences concerning fraudulent acts;
(iii) at common law concerning fraudulent acts relating to the Contract or any other contract with the Authority; or
(iv) defrauding, attempting to defraud or conspiring to defraud the Authority
D1.2 The Contractor warrants, represents and undertakes that it is not aware of any financial or other advantage being given to any person working for or engaged by the Authority, or that an agreement has been reached to that effect, in connection with the execution of the Contract, excluding any arrangement of which full details have been disclosed in writing to the Authority before execution of the Contract.
D1.3 The Contractor shall shall:
a) if requested, provide the Authority with any reasonable assistance, at the Authority's reasonable cost, to enable the Authority to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Xxxxxxx Xxx 0000.Bribery Act 2010;
D1.4 The Contractor shall have an anti-bribery policy which prevents any Staff from committing any prohibited acts as set out in clause D1.1 and a copy of this shall be provided to the Authority upon request.
D1.5 If any breach of clauses D1.1 or D1.2 is suspected or known, the Contractor must notify the Authority immediately.
D1.6 If the Contractor notifies the Authority that it suspects or knows that there may be a breach of clauses D1.1 or D1.2, the Contractor must respond promptly to the Authority's enquiries, co-operate with any investigation, and allow the Authority to audit books, records and any other relevant documentation.
D1.7 If the Contractor, its Staff or anyone acting on the Contractor’s behalf engages in conduct prohibited by clauses D1.1 or D1.2, the Authority may;
a) terminate the Contract and recover from the Contractor the amount of any Loss loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other Loss loss sustained by the Authority in consequence of any breach of those clauses.
D1.8 Despite clause I (Disputes and Law), any dispute relating to:
a) the interpretation of clause D1; or
b) the amount or value of any gift, consideration or commission, shall be determined by the Authority, acting reasonably having given due consideration to all relevant factors, and its decision shall be final and conclusive.
D1.9 Any termination under clause D1.7 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
D1.10 In exercising its rights or remedies under clause D1.7, the Authority shall:
a) act in a reasonable and proportionate manner having regard to such matters as the gravity of, and the identity of, the person performing the conduct prohibited by clauses D1.1 or D1.2;
b) give all due consideration, where appropriate, to action other than termination of the contract D2 Discrimination
D2.1 The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex or sexual orientation and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Xxx 0000 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.
D2.2 The Contractor shall take all reasonable steps to secure the observance of clause D2.1 by all Staff.
D2.3 The Contractor shall comply with the provisions of the Human Rights Xxx 0000.
D2.4 In delivering the Services, the Contractor shall operate at all times in accordance with the diversity and equality requirements set out in Schedule 8 (Diversity and Equality Requirements) or such other diversity and equality requirements as notified by the Authority to the Contractor from time to time.
D2.5 Where delivering the Services in Wales, the Contractor shall comply at all times with the requirements set out in Schedule 9 (Welsh Language Scheme) or such other requirements as notified by the Authority to the Contractor from time to time.
D2.6 In delivering the Services, the Contractor shall operate at all times in accordance with the apprenticeships and skills requirements set out in Schedule 10 (Apprenticeships and Skills Requirements) or such other apprenticeships and skills requirements as notified by the Authority to the Contractor from time to time. D3 The Contracts (Rights of Third Parties) Xxx 0000 A person who is not a party to the Contract shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both Parties. This clause does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Xxx 0000 and does not apply to the Crown. D4 Environmental Requirements
D4.1 The Contractor shall, when working on the Premises, perform its obligations under the Contract in accordance with the Authority’s environmental principles, which are to conserve energy, water, wood, paper and other resources, reduce waste and phase out the use of ozone depleting substances, minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment.
D4.2 In delivering the Services, the Contractor shall comply at all times with the requirements set out in Schedule 7 (Sustainable Development Requirements) or such other requirements as notified by the Authority to the Contractor from time to time.
Appears in 1 contract
Samples: Contract for Personal Independence Payment Research