Common use of TERMINATION ON CORRUPT GIFTS AND FRAUD Clause in Contracts

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) If the Contractor or any of its subcontractors (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, the Authority shall be entitled to act in accordance with Clauses 33.8(b) to 33.8(g). (b) Notwithstanding Clauses 33.8(c) to 33.8(f), if a Prohibited Act is committed by the Contractor or by an employee not acting independently of the Contractor, the Authority may terminate this Agreement by giving notice in writing to the Contractor provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Services. (c) If the Prohibited Act is committed by an employee of the Contractor acting independently of the Contractor, the Authority may terminate this Agreement by giving notice in writing to the Contractor, unless within five Business Days after receipt of the notice the Contractor terminates the employee's employment and (if necessary) procures the performance of that part of the Services by another person. (d) If the Prohibited Act is committed by a subcontractor or by an employee of that subcontractor not acting independently of that subcontractor, the Authority may terminate this Agreement by giving notice in writing to the Contractor, unless within five Business Days after receipt of that notice the Contractor procures the performance of that part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Services. (e) If the Prohibited Act is committed by an employee of a subcontractor acting independently of that subcontractor, the Authority may terminate this Agreement by giving notice in writing to the Contractor, unless within five Business Days after receipt of that notice the subcontractor procures the performance of that part of the Services by another person or terminates the employee's employment and (if necessary) procures the performance of that part of the Services by another person. (f) If the Prohibited Act is committed by any other person not specified in Clauses 33.8(b) to 33.8(e), the Authority may terminate this Agreement by giving notice in writing to the Contractor unless within five Business Days after receipt of that notice, the Contractor procures the termination of that person's employment and of the appointment of their employer (where not employed by the Contractor or the subcontractors) and (if necessary) procures the performance of that part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Services. (g) In a notice served by the Authority pursuant to this Clause 33.8, the Authority shall specify: (i) the nature of the Prohibited Act; and (ii) the identity of the party whom the Authority believes has committed the Prohibited Act. (h) If the Contractor takes the action specified in Clause 33.8(c), (d), (e) or (f), in accordance with the relevant one of Clause 33.8(c), (d), (e) or (f), the Authority Termination Notice shall be deemed to be revoked and this Agreement will continue in force. (i) If the Contractor fails to take the action specific in Clause 33.8(c), (d), (e) or (f), the Exit Period shall commence on the date falling five Business Days after the date of the Authority Termination Notice and this Agreement shall effectively terminate on the Termination Date.

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) If The Concessionaire warrants that in entering into this Agreement it has not and its Affiliates have not committed any Prohibited Act. (b) The Concessionaire shall not and shall procure that its Affiliates and their agents and employees shall not commit any Prohibited Act. The Concessionaire shall also include in the Contractor or any of Subcontracts a provision requiring its subcontractors Subcontractors (or anyone employed by or acting on behalf of any of them) or any of its or their agents or shareholders commits to refrain from commiting any Prohibited Act. If the Concessionaire, its Associates or its Subcontractors commit any Prohibited Act, the Authority shall be entitled to act in accordance with Clauses 33.8(b) to 33.8(g)the provisions of this Clause 27.4. (bc) Notwithstanding Clauses 33.8(c) to 33.8(f), if If a Prohibited Act is committed by the Contractor Concessionaire or by an employee not acting independently of the ContractorConcessionaire, then the Authority may terminate this Agreement by giving notice in writing to the Contractor provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the ServicesConcessionaire. (cd) If the Prohibited Act is committed by an employee of the Contractor Concessionaire acting independently of the ContractorConcessionaire, then the Authority may terminate give notice to the Concessionaire of termination and this Agreement by giving notice in writing to the Contractorwill terminate, unless within five Business Days after twenty (20) days of receipt of the such notice the Contractor Concessionaire terminates the employee's employment and (if necessary) procures the performance of that such part of the Works and/or the Services and/or the Marine Services by another person. (d) If the Prohibited Act is committed by a subcontractor or by an employee of that subcontractor not acting independently of that subcontractor, the Authority may terminate this Agreement by giving notice in writing to the Contractor, unless within five Business Days after receipt of that notice the Contractor procures the performance of that part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Services. (e) If the Prohibited Act is committed by an Affiliate, Subcontractor or by an employee of a subcontractor that Affiliate or Subcontractor not acting independently of that subcontractorAffiliate or Subcontractor, then the Authority may terminate give notice to the Concessionaire of termination and this Agreement by giving notice in writing to the Contractorwill terminate, unless within five Business Days after twenty (20) days of receipt of that such notice the subcontractor Concessionaire terminates the relevant Project Document and procures the performance of that such part of the Works and/or the Services by another person or terminates and/or the employee's employment and (if necessary) procures the performance of that part of the Marine Services by another person. (f) If the Prohibited Act is committed by an employee of an Affiliate or a Subcontractor acting independently of that Affiliate or Subcontractor, then the Authority may give notice to the Concessionaire of termination and this Agreement will terminate, unless within twenty (20) days of receipt of such notice the Affiliate or the Subcontractor terminates the employee's employment and (if necessary) procures the performance of such part of the Works and/or the Services and/or the Marine Services by another person. (g) If the Prohibited Act is committed by any other person persons not specified in Clauses 33.8(b) to 33.8(e)this Clause 27.4, then the Authority may terminate give notice to the Concessionaire of termination and this Agreement by giving notice in writing to the Contractor will terminate, unless within five Business Days after twenty (20) days of receipt of that notice, such notice the Contractor Concessionaire procures the termination of that such person's employment and of the appointment of their employer (where not employed by the Contractor Concessionaire, an Affiliate or the subcontractorsSubcontractor) and (if necessary) procures the performance of that such part of the Works and/or the Services and/or the Marine Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Servicesperson. (gh) In a Any notice served by the Authority pursuant to of termination under this Clause 33.8, the Authority 27.4 shall specify: (i) the nature of the Prohibited Act; and; (ii) the identity of the party whom the Authority believes has committed the Prohibited Act.; and (hiii) If the Contractor takes the action specified in Clause 33.8(c), (d), (e) or (f)date on which this Agreement will terminate, in accordance with the relevant one applicable provision of Clause 33.8(c), (d), (e) or (f), the Authority Termination Notice shall be deemed to be revoked and this Agreement will continue in forceClause. (i) If the Contractor fails to take the action specific in In this Clause 33.8(c), (d), (e) or (f)27.4, the Exit Period expression "not acting independently of" (when used in relation to the Concessionaire, an Affiliate or a Subcontractor) means and shall commence on be construed as acting with the date falling five Business Days after the date authority of or knowledge of any one or more of the Authority Termination Notice and directors or senior management of the Concessionaire, the Affiliate or the Subcontractor (as the case may be). (j) If this Agreement is terminated pursuant to this Clause 27.4, Clause 27.3 shall effectively terminate on the Termination Dateapply.

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) 56.1 If the Contractor or any of its subcontractors 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 Councils shall be entitled to act in accordance with Clauses 33.8(b) to 33.8(g)this clause 56. (b) Notwithstanding Clauses 33.8(c) to 33.8(f), if 56.1.1 If a Prohibited Act is committed by the Contractor acting by its Director(s) or by an employee not acting independently on the express directions of such Director, then the Contractor, the Authority Councils acting together may terminate this Agreement Contract by giving notice in writing to the Contractor provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the ServicesContractor. (c) 56.1.2 If the Prohibited Act is committed by an employee of the Contractor acting independently of the Contractor, then the Authority Councils acting together may terminate this Agreement by giving give notice in writing to the ContractorContractor of termination and the Contract shall terminate, unless within five Business 60 Days after of receipt of the such notice the Contractor terminates has removed, or has taken steps to remove and such removal occurs within 5 Days of taking such steps, the employee's employment employee from any involvement in the Project and (if necessary) procures the performance of that such part of the Services by another person. (d) 56.1.3 If the Prohibited Act is committed by a subcontractor Sub-Contractor or by an employee of that subcontractor Sub-Contractor not acting independently of that subcontractorSub-Contractor, then the Authority Councils may terminate this Agreement by giving give notice in writing to the ContractorContractor of termination and the Contract will terminate, unless within five Business 30 Days after of receipt of that such notice the Contractor terminates the relevant Sub-Contract and procures the performance of that such part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Servicesperson. (e) 56.1.4 If the Prohibited Act is committed by an employee of a subcontractor Sub-Contractor acting independently of that subcontractorSub-Contractor, then the Authority Councils may terminate this Agreement by giving give notice in writing to the ContractorContractor of termination and the Contract will terminate, unless within five Business 30 Days after of receipt of that such notice the subcontractor procures Sub-Contractor removes, or has taken steps to remove and such removal occurs within 5 Days of taking such steps, the performance of that part of employee from any involvement in the Services by another person Project or the Contractor terminates the employee's employment and (if necessary) procures the performance of that part of the Services by another personrelevant Sub-Contract. (f) 56.1.5 If the Prohibited Act is committed by any other person not specified in Clauses 33.8(bclauses 56.1.1 to 56.1.4 (inclusive) to 33.8(e)above, then the Authority Councils may terminate this Agreement by giving give notice in writing to the Contractor of termination and the Contract will terminate unless within five Business Days after receipt of that notice30 Days, the Contractor procures the termination of that such person's ’s employment and the termination of the appointment of their employer (where not employed by the Contractor Contractor) or the subcontractors) and (Sub-Contractors and, if necessary) procures , the performance of that the relevant part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Servicesperson. (g) In a 56.1.6 Any notice served by the Authority pursuant to of termination under this Clause 33.8, the Authority clause 56 shall specify: (i) the nature of the Prohibited Act; and (ii) the identity of the party whom the Authority believes has committed the Prohibited Act. (h) If the Contractor takes the action specified in Clause 33.8(c), (d), (e) or (f), in accordance with the relevant one of Clause 33.8(c), (d), (e) or (f), the Authority Termination Notice shall be deemed to be revoked and this Agreement will continue in force. (i) If the Contractor fails to take the action specific in Clause 33.8(c), (d), (e) or (f), the Exit Period shall commence on the date falling five Business Days after the date of the Authority Termination Notice and this Agreement shall effectively terminate on the Termination Date.

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) 42.1 The Contractor warrants that, in entering this Agreement, it has not committed any Prohibited Act. 42.2 If the Contractor or any of its subcontractors 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 Lead Authority shall be entitled to act in accordance with Clauses 33.8(b) to 33.8(gthis Clause 42 (Termination on Corrupt Gifts and Fraud). (b) Notwithstanding Clauses 33.8(c) to 33.8(f), if 42.3 If a Prohibited Act is committed by the Contractor or by an employee not acting independently of the Contractor, then the Lead Authority may terminate this Agreement by giving notice in writing to the Contractor provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the ServicesContractor. (c) 42.4 If the Prohibited Act is committed by an employee of the Contractor acting independently of the Contractor, then the Lead Authority may terminate give notice to the Contractor of termination and this Agreement by giving notice in writing to the Contractorwill terminate, unless within five thirty (30) Business Days after of receipt of the such notice the Contractor terminates the employee's ’s employment and (if necessary) procures the performance of that such part of the Services by another person. (d) 42.5 If the Prohibited Act is committed by a subcontractor Sub-Contractor or by an employee of that subcontractor Sub-Contractor not acting independently of that subcontractorSub-Contractor, then the Lead Authority may terminate give notice to the Contractor of termination and this Agreement by giving notice in writing to the Contractorwill terminate, unless within five thirty (30) Business Days after of receipt of that such notice the Contractor terminates the relevant Project Document and procures the performance of that such part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Servicesperson. (e) 42.6 If the Prohibited Act is committed by an employee of a subcontractor Sub-Contractor acting independently of that subcontractorSub-Contractor, then the Lead Authority may terminate give notice to the Contractor of termination and this Agreement by giving notice in writing to the Contractorwill terminate, unless within five thirty (30) Business Days after of receipt of that such notice the subcontractor procures the performance of that part of the Services by another person or Sub-Contractor terminates the employee's ’s employment and (if necessary) procures the performance of that such part of the Services by another person. (f) 42.7 If the Prohibited Act is committed by any other person not specified in Clauses 33.8(b) 42.3 to 33.8(e)42.6 above, then the Lead Authority may terminate this Agreement by giving give notice in writing to the Contractor unless of termination and this Agreement will terminate unless, within five thirty (30) Business Days after of receipt of that such notice, the Contractor procures the termination of that such person's ’s employment and of the appointment of their employer (where not employed by the Contractor or the subcontractorsSub-Contractors) and (and, if necessary) , procures the performance of that such part of the Services by another person provided that, if the Prohibited Act is an offence under section 7(1) of the Xxxxxxx Xxx 0000, the Authority may not terminate this Agreement unless, acting reasonably, it considers termination of this Agreement to be in the best interests of the provision of the Servicesperson. (g) In a 42.8 Any notice served by the Authority pursuant to of termination under this Clause 33.8, the Authority 42 (Termination on Corrupt Gifts and Fraud) shall specify: (i) 42.8.1 the nature of the Prohibited Act; and; (ii) 42.8.2 the identity of the party whom the Lead Authority believes has committed the Prohibited Act.; (h) If 42.8.3 the Contractor takes the action specified in Clause 33.8(c), (d), (e) or (f)date on which this Agreement will terminate, in accordance with the relevant one applicable provision of this Clause 33.8(c42 (Termination on Corrupt Gifts and Fraud), ; and 42.8.4 the Lead Authority’s chosen option under Clause 43 (dCompensation on Termination on Corrupt Gifts and Fraud), (e) or (f), the Authority Termination Notice shall be deemed to be revoked and this Agreement will continue in force. (i) If the Contractor fails to take the action specific in Clause 33.8(c), (d), (e) or (f), the Exit Period shall commence on the date falling five Business Days after the date of the Authority Termination Notice and this Agreement shall effectively terminate on the Termination Date.