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

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) 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 Subcontracts a provision requiring its Subcontractors (or anyone employed by or acting on behalf of any of them) or any of their agents or shareholders 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 the provisions of this Clause 27.4. (c) If a Prohibited Act is committed by the Concessionaire or by an employee not acting independently of the Concessionaire, then the Authority may terminate this Agreement by giving notice to the Concessionaire. (d) If the Prohibited Act is committed by an employee of the Concessionaire acting independently of the Concessionaire, 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 Concessionaire 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. (e) If the Prohibited Act is committed by an Affiliate, Subcontractor or by an employee of that Affiliate or Subcontractor not 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 Concessionaire terminates the relevant Project Document and procures the performance of such part of the Works and/or the Services and/or 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 persons not specified in this Clause 27.4, 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 Concessionaire procures the termination of such person's employment and of the appointment of their employer (where not employed by the Concessionaire, an Affiliate or the Subcontractor) and (if necessary) procures the performance of such part of the Works and/or the Services and/or the Marine Services by another person. (h) Any notice of termination under this Clause 27.4 shall specify: (i) the nature of the Prohibited Act; (ii) the identity of the party whom the Authority believes has committed the Prohibited Act; and (iii) the date on which this Agreement will terminate, in accordance with the applicable provision of this Clause. (i) In this Clause 27.4, the expression "not acting independently of" (when used in relation to the Concessionaire, an Affiliate or a Subcontractor) means and shall be construed as acting with the authority of or knowledge of any one or more of the 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 apply.

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) The Concessionaire warrants that in entering into this Agreement it has not and its Affiliates have not committed 56.1 If the Contractor or 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 Subcontracts a provision requiring 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 to refrain from commiting any Prohibited Act. If the Concessionaire, its Associates or its Subcontractors commit commits any Prohibited Act, then the Authority Councils shall be entitled to act in accordance with the provisions of this Clause 27.4clause 56. (c) 56.1.1 If a Prohibited Act is committed by the Concessionaire Contractor acting by its Director(s) or by an employee not acting independently on the express directions of the Concessionairesuch Director, then the Authority Councils acting together may terminate this Agreement Contract by giving notice to the ConcessionaireContractor. (d) 56.1.2 If the Prohibited Act is committed by an employee of the Concessionaire Contractor acting independently of the ConcessionaireContractor, then the Authority Councils acting together may give notice to the Concessionaire Contractor of termination and this Agreement will the Contract shall terminate, unless within twenty (20) days 60 Days of receipt of such notice the Concessionaire terminates Contractor 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 such part of the Works and/or the Services and/or the Marine Services by another person. (e) 56.1.3 If the Prohibited Act is committed by an Affiliate, Subcontractor a Sub-Contractor or by an employee of that Affiliate or Subcontractor Sub-Contractor not acting independently of that Affiliate or SubcontractorSub-Contractor, then the Authority Councils may give notice to the Concessionaire Contractor of termination and this Agreement the Contract will terminate, unless within twenty (20) days 30 Days of receipt of such notice the Concessionaire Contractor terminates the relevant Project Document Sub-Contract and procures the performance of such part of the Works and/or the Services and/or the Marine Services by another person. (f) 56.1.4 If the Prohibited Act is committed by an employee of an Affiliate or a Subcontractor Sub-Contractor acting independently of that Affiliate or SubcontractorSub-Contractor, then the Authority Councils may give notice to the Concessionaire Contractor of termination and this Agreement the Contract will terminate, unless within twenty (20) days 30 Days of receipt of such notice the Affiliate Sub-Contractor removes, or has taken steps to remove and such removal occurs within 5 Days of taking such steps, the employee from any involvement in the Project or the Subcontractor Contractor 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 personrelevant Sub-Contract. (g) 56.1.5 If the Prohibited Act is committed by any other persons person not specified in this Clause 27.4clauses 56.1.1 to 56.1.4 (inclusive) above, then the Authority Councils may give notice to the Concessionaire Contractor of termination and this Agreement the Contract will terminate, terminate unless within twenty (20) days of receipt of such notice 30 Days, the Concessionaire Contractor procures the termination of such person's ’s employment and the termination of the appointment of their employer (where not employed by the Concessionaire, an Affiliate Contractor) or the Subcontractor) and (Sub-Contractors and, if necessary) procures , the performance of such the relevant part of the Works and/or the Services and/or the Marine Services by another person. (h) 56.1.6 Any notice of termination under this Clause 27.4 clause 56 shall specify: (i) the nature of the Prohibited Act; (ii) the identity of the party whom the Authority believes has committed the Prohibited Act; and (iii) the date on which this Agreement will terminate, in accordance with the applicable provision of this Clause. (i) In this Clause 27.4, the expression "not acting independently of" (when used in relation to the Concessionaire, an Affiliate or a Subcontractor) means and shall be construed as acting with the authority of or knowledge of any one or more of the 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 apply.

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) 42.1 The Concessionaire Contractor warrants that that, in entering into this Agreement 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 42.2 If the Contractor or any Prohibited Act. The Concessionaire shall also include in the Subcontracts a provision requiring 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 to refrain from commiting any Prohibited Act. If the Concessionaire, its Associates or its Subcontractors commit commits any Prohibited Act, then the Lead Authority shall be entitled to act in accordance with the provisions of this Clause 27.442 (Termination on Corrupt Gifts and Fraud). (c) 42.3 If a Prohibited Act is committed by the Concessionaire Contractor or by an employee not acting independently of the ConcessionaireContractor, then the Lead Authority may terminate this Agreement by giving notice to the ConcessionaireContractor. (d) 42.4 If the Prohibited Act is committed by an employee of the Concessionaire Contractor acting independently of the ConcessionaireContractor, then the Lead Authority may give notice to the Concessionaire Contractor of termination and this Agreement will terminate, unless within twenty thirty (2030) days Business Days of receipt of such notice the Concessionaire Contractor terminates the employee's ’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. (e) 42.5 If the Prohibited Act is committed by an Affiliate, Subcontractor a Sub-Contractor or by an employee of that Affiliate or Subcontractor Sub-Contractor not acting independently of that Affiliate or SubcontractorSub-Contractor, then the Lead Authority may give notice to the Concessionaire Contractor of termination and this Agreement will terminate, unless within twenty thirty (2030) days Business Days of receipt of such notice the Concessionaire Contractor terminates the relevant Project Document and procures the performance of such part of the Works and/or the Services and/or the Marine Services by another person. (f) 42.6 If the Prohibited Act is committed by an employee of an Affiliate or a Subcontractor Sub-Contractor acting independently of that Affiliate or SubcontractorSub-Contractor, then the Lead Authority may give notice to the Concessionaire Contractor of termination and this Agreement will terminate, unless within twenty thirty (2030) days Business Days of receipt of such notice the Affiliate or the Subcontractor Sub-Contractor terminates the employee's ’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) 42.7 If the Prohibited Act is committed by any other persons person not specified in this Clause 27.4Clauses 42.3 to 42.6 above, then the Lead Authority may give notice to the Concessionaire Contractor of termination and this Agreement will terminateterminate unless, unless within twenty thirty (2030) days Business Days of receipt of such notice notice, the Concessionaire Contractor procures the termination of such person's ’s employment and of the appointment of their employer (where not employed by the Concessionaire, an Affiliate Contractor or the SubcontractorSub-Contractors) and (and, if necessary) , procures the performance of such part of the Works and/or the Services and/or the Marine Services by another person. (h) 42.8 Any notice of termination under this Clause 27.4 42 (Termination on Corrupt Gifts and Fraud) shall specify: (i) 42.8.1 the nature of the Prohibited Act; (ii) 42.8.2 the identity of the party whom the Lead Authority believes has committed the Prohibited Act; and; (iii) 42.8.3 the date on which this Agreement will terminate, in accordance with the applicable provision of this Clause.Clause 42 (Termination on Corrupt Gifts and Fraud); and 42.8.4 the Lead Authority’s chosen option under Clause 43 (i) In this Clause 27.4, the expression "not acting independently of" (when used in relation to the Concessionaire, an Affiliate or a Subcontractor) means Compensation on Termination on Corrupt Gifts and shall be construed as acting with the authority of or knowledge of any one or more of the directors or senior management of the Concessionaire, the Affiliate or the Subcontractor (as the case may beFraud). (j) If this Agreement is terminated pursuant to this Clause 27.4, Clause 27.3 shall apply.

TERMINATION ON CORRUPT GIFTS AND FRAUD. (a) The Concessionaire warrants that in entering into this Agreement it has not and If the Contractor or any of 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 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 to refrain from commiting any Prohibited Act. If the Concessionaire, its Associates or its Subcontractors commit commits any Prohibited Act, the Authority shall be entitled to act in accordance with the provisions of this Clause 27.4Clauses 33.8(b) to 33.8(g). (cb) If Notwithstanding Clauses 33.8(c) to 33.8(f), if a Prohibited Act is committed by the Concessionaire Contractor or by an employee not acting independently of the ConcessionaireContractor, then the Authority may terminate this Agreement by giving notice in writing to the ConcessionaireContractor 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. (dc) If the Prohibited Act is committed by an employee of the Concessionaire Contractor acting independently of the ConcessionaireContractor, then the Authority may give terminate this Agreement by giving notice in writing to the Concessionaire of termination and this Agreement will terminateContractor, unless within twenty (20) days of five Business Days after receipt of such the notice the Concessionaire Contractor terminates the employee's employment and (if necessary) procures the performance of such that 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 that Affiliate or Subcontractor not a subcontractor acting independently of that Affiliate or Subcontractorsubcontractor, then the Authority may give terminate this Agreement by giving notice in writing to the Concessionaire of termination and this Agreement will terminateContractor, unless within twenty (20) days of five Business Days after receipt of such that notice the Concessionaire terminates the relevant Project Document and subcontractor procures the performance of such that part of the Works and/or Services by another person or terminates the Services and/or employee's employment and (if necessary) procures the Marine performance of that part of the 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 Subcontractorany other person not specified in Clauses 33.8(b) to 33.8(e), then the Authority may give terminate this Agreement by giving notice in writing to the Concessionaire of termination and this Agreement will terminate, Contractor unless within twenty (20) days of five Business Days after receipt of such notice that 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 persons not specified in this Clause 27.4, 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 Concessionaire Contractor procures the termination of such that person's employment and of the appointment of their employer (where not employed by the Concessionaire, an Affiliate Contractor or the Subcontractorsubcontractors) and (if necessary) procures the performance of such that part of the Works and/or the Services and/or the Marine Services by another personperson 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. (hg) Any In a notice of termination under served by the Authority pursuant to this Clause 27.4 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; and. (iiih) If the date on which this Agreement will terminateContractor takes the action specified in Clause 33.8(c), (d), (e) or (f), in accordance with the applicable provision relevant one of Clause 33.8(c), (d), (e) or (f), the Authority Termination Notice shall be deemed to be revoked and this ClauseAgreement will continue in force. (i) In this If the Contractor fails to take the action specific in Clause 27.433.8(c), (d), (e) or (f), the expression "not acting independently of" (when used in relation to Exit Period shall commence on the Concessionaire, an Affiliate or a Subcontractor) means and shall be construed as acting with date falling five Business Days after the authority of or knowledge of any one or more date of the directors or senior management of the Concessionaire, the Affiliate or the Subcontractor (as the case may be). (j) If Authority Termination Notice and this Agreement is terminated pursuant to this Clause 27.4, Clause 27.3 shall applyeffectively terminate on the Termination Date.