Termination for Corrupt Gifts and Fraud. 79.2.1 If the Contractor or any of its sub-contractors (or anyone employed by or acting on behalf of any of them) or any of its or their agents or shareholders commits any Prohibited Act, then the Authority shall be entitled to act in accordance with Clause 79.2.
79.2.2 If a Prohibited Act is committed by the Contractor or by an employee not acting independently of the Contractor but acting under the authority of or with the knowledge of a director of the Contractor, then the Authority may terminate this Agreement by giving notice to the Contractor.
79.2.3 If the Prohibited Act is committed by an employee of the Contractor acting independently of the Contractor, then the Authority may give notice to the Contractor of termination and this Agreement will terminate, unless within 30 days of receipt of such notice the Contractor terminates the employee’s employment and (if necessary) procures the performance of such part of the Works and/or Services by another person.
79.2.4 If the Prohibited Act is committed by a Sub-Contractor or by an employee of that Sub-Contractor not acting independently of that Sub-Contractor then the Authority may give notice to the Contractor of termination and this Agreement will terminate, unless within 30 days of receipt of such notice the Contractor terminates the relevant Sub-Contract and procures the performance of such part of the Works and/or Services by another person.
79.2.5 If the Prohibited Act is committed by an employee of a Sub-Contractor acting independently of that Sub-Contractor then the Authority may give notice to the Contractor of termination and this Agreement will terminate, unless within 30 days of receipt of such notice the Sub-Contractor terminates the employee’s employment and (if necessary) procures the performance of such part of the Works and/or Services by another person.
79.2.6 If the Prohibited Act is committed by any other persons not specified in Clause 79 then the Authority may give notice to the Contractor of termination and this Agreement will terminate unless within 30 days of receipt of such notice, the Contractor procures the termination of such person’s employment and of the appointment of their employer (where not employed by the Contractor or the Sub-contractors) and (if necessary) procures the performance of such part of the Works and/or Services by another person.
79.2.7 Any notice of termination under this Clause 79.2 shall specify:
(a) the nature of the Prohibited Act;
(b) the identity o...
Termination for Corrupt Gifts and Fraud. If the Contractor or any Sub-Contractor (or anyone employed by or acting on behalf of any of them) or any of its or their agents or shareholders commits any Prohibited Act, then the Authority shall be entitled to act in accordance with the provisions of this clause 44.2.
Termination for Corrupt Gifts and Fraud or Prohibited Equality and Diversity Act) the period referred to in that clause for the replacement of any Sub-Contractor shall be extended by the same period in which the Authority approves or is deemed to approve the appointment of such Sub-Contractor pursuant to this clause 59.3.1(b) (Approval of Sub-Contractors); Schedule 13 (Approved Sub-Contractors) is amended to include the name of such Approved Sub-Contractor; and the Contractor shall remain primarily and directly liable for the Sub-Contractor's obligations. By entering into this Contract, the Authority: approves the Sub-Contractors appointed by the Contractor and listed in Schedule 13 (Approved Sub-Contractors) as at the date of this Contract; and for the purposes of the calculation of any Contractor Breakage Costs only, confirms that it considers the Sub-Contracts with Sub-Contractors provided to it by the Contractor at the date of this Contract are consistent with terms that have been entered into in the ordinary course of business and on reasonable commercial terms. The Authority shall be deemed to have approved any amendment to any Sub-Contract which is required as a result of any change made to this Contract (provided that any changes made correspond exactly in each of the Sub-Contracts and this Contract).
Termination for Corrupt Gifts and Fraud. 28.2.1 If either of the Parties (or anyone employed by or acting on behalf of either of them) or any of their agents commits any Prohibited Act, then either Party shall be entitled to act in accordance with the provisions of this clause 28.
28.2.2 Upon discovering that a Prohibited Act has occurred the relevant party may serve notice on the other party of the Prohibited Act that has occurred (a “Notice of a Prohibited Act”), such notice to specify the nature of the Prohibited Act and the employee or agent who they believe has committed the Prohibited Act.
28.2.3 Upon receipt of a Notice of a Prohibited Act the party subject to the Prohibited Act shall have 3 months to take such steps and actions as are reasonable and are agreed by the Joint Governance Group taking account of the nature of the Prohibited Act which may include suspending the relevant employee and taking action under the relevant party’s disciplinary procedure.
28.2.4 Where either of the Parties fails to take action in accordance with clause
Termination for Corrupt Gifts and Fraud. 71.2.1 If the Contractor or any Sub-Contractor (or anyone employed by or acting on behalf of any of them) or any of its or their agents or shareholders commits any Prohibited Act, then the Authority shall be entitled to act in accordance with the provisions of this Clause 71.2 (Termination for Corrupt Gifts and Fraud).
71.2.2 If a Prohibited Act is committed by the Contractor or by an employee not acting independently of the Contractor, then the Authority may terminate this Contract by giving notice to the Contractor.
71.2.3 If the Prohibited Act is committed by an employee of the Contractor acting independently of the Contractor, then the Authority may give notice to the Contractor of termination and this Contract will terminate, unless within twenty (20) Business Days of receipt of such notice the Contractor terminates the employee’s employment and (if necessary) procures the performance of such part of the Works and/or Services by another person.
Termination for Corrupt Gifts and Fraud. 31.2.1 If a Partner Authority or a SWB Member (or anyone employed by or acting on behalf of any of any of them) or any of its or their agents commits any Prohibited Act, then any Partner Authority shall be entitled to act in accordance with the provisions of this clause 31.
31.2.2 Upon discovering that a Prohibited Act has occurred any Partner Authority may serve notice on the Managing Director of the Prohibited Act that has occurred and the Partner Authority affected. Upon receiving such notice of a Prohibited Act the Managing Director shall serve a notice on the Chief Executive of the Partner Authority subject to the Prohibited Act copied to the Chief Executives of all of the other Partner Authorities (a “Notice of a Prohibited Act”).
31.2.3 Upon receipt of a Notice of a Prohibited Act the Partner Authority subject to the Prohibited Act shall have 3 months to take such steps and actions as are reasonable and are agreed by the Board taking account of the nature of the Prohibited Act which may include suspending the relevant employee and taking action under the Partner Authority's disciplinary procedure or where the Prohibited Act relates to an SWB Member removing its SWB Member from the Board.
31.2.4 Where a Partner Authority fails to take action in accordance with clause 31.2.2 the other Partner Authorities shall meet to decide what further action to take against the Partner Authority and may by unanimous vote agree to: (a) where the Partner Authority subject to a Notice of a Prohibited Act is the Administering Authority the Administering Authority shall be removed and the provisions of clause 7.2 (Removal of the Administering Authority) and schedule 3 (Change of Administering Authority) shall apply unless within 3 months of the vote the Administering Authority takes such steps and actions as are reasonable and are agreed by the Board in accordance with clause 31.2.3;
Termination for Corrupt Gifts and Fraud. 69.2.1 If the Contractor or any of its Sub-Contractors (or anyone employed by or acting on behalf of any of them) or any of its or their agents or shareholders commits any Prohibited Act, then the Authority shall be entitled to act in accordance with clause 69.2.2 to 69.2.7 below.
69.2.2 If a Prohibited Act is committed by the Contractor or by an employee not acting independently of the Contractor but acting under the authority of or with the knowledge of a director of the Contractor, then the Authority may terminate this Agreement by giving notice to the Contractor.
69.2.3 If the Prohibited Act is committed by an employee of the Contractor acting independently of the Contractor, then the Authority may give notice to the Contractor of termination and this Agreement will terminate, unless within twenty (20) Working Days of receipt of such notice the Contractor terminates the employee’s employment and (if necessary) procures the performance of such part of the Services by another person.
69.2.4 If the Prohibited Act is committed by a Sub-Contractor of the Contractor or by an employee of that Sub-Contractor not acting independently of that Sub- Contractor then the Authority may give notice to the Contractor of termination and this Agreement will terminate, unless within twenty (20) Working Days of receipt of such notice the Contractor terminates the relevant Sub-Contractor and procures the performance of such part of the Services by another person.
Termination for Corrupt Gifts and Fraud and Prohibited Equality and Diversity Act), the expression “not acting independently of” (when used in relation to the Contractor or a Sub-Contractor) means and shall be construed as acting with the authority or knowledge of any one or more of the directors of the Contractor or the Sub-Contractor (as the case may be).
Termination for Corrupt Gifts and Fraud. 43.2.1 If the JVCo or any sub-contractor (or anyone employed by or acting on behalf of any of them) commits any Prohibited Act then the Council shall be entitled to act in accordance with clauses 43.2.2 to 43.2.6.
43.2.2 If a Prohibited Act is committed by the JVCo or a third party not acting independently of the JVCo, then the Council may terminate this Agreement by giving notice to the JVCo.
43.2.3 If the Prohibited Act is committed:
(a) by the third party acting independently of the JVCo; or
(b) by an employee of a sub-contractor acting independently of that sub-contractor, then the Council may give notice to the JVCo of termination and this Agreement will terminate, unless within 20 Working Days of receipt of such notice the JVCo terminates (or procures the termination of) the employee’s employment and (if necessary) procures the performance of such part of the Service by another person.
43.2.4 If the Prohibited Act is committed by a sub-contractor or by an employee of that sub-contractor not acting independently of that sub-contractor, then the Council may give notice to the JVCo of termination and this Agreement will terminate unless within 20 Working Days of receipt of such notice the JVCo terminates the relevant sub-contract and procures the performance of such part of the Service by another person.
Termination for Corrupt Gifts and Fraud. 26.2.1 If the Operator or any Sub-Contractor (or anyone employed by or acting on behalf of any of them) or any of its or their agents or shareholders commits any Prohibited Act, then the Authority shall be entitled to act in accordance with the provisions of this clause 26.2 (Termination for Corrupt Gifts and Fraud).
26.2.2 If a Prohibited Act is committed by the Operator or by an employee not acting independently of the Operator, then the Authority may terminate this Agreement by giving notice to the Operator.
26.2.3 If the Prohibited Act is committed by an employee of the Operator acting independently of the Operator, then the Authority may give notice to the Operator of termination and this Agreement will terminate, unless within twenty
