CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 29.1 The CONTRACTOR shall not:
29.1.1 offer or give or agree to give any person working for, acting for or engaged by the CUSTOMER or any other Crown Body any gift or consideration of any kind as (or which could act as) an inducement or reward for any act or failure to act connected to this Contract or any other contract with any other Crown Body including its award to the CONTRACTOR and any of the rights and obligations contained within it; or
29.1.2 enter into this Contract or any other contract with the CUSTOMER, any other Crown Body or any person acting for and on behalf of the CUSTOMER or any Crown Body in connection with which commission has been paid or agreed to be paid to any person working for or engaged by the CUSTOMER or any other Crown Body by him or on his behalf, or to his knowledge, unless before (as applicable) this Contract or any other contract is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof have been disclosed in writing to (as applicable) the CUSTOMER or any other Crown Body.
29.2 Any breach of Clause 29.1 by the CONTRACTOR or by anyone employed by him or acting on his behalf (whether with or without the knowledge of the CONTRACTOR) or the commission of any offence by the CONTRACTOR or by anyone employed by him or acting on his behalf (whether with or without the knowledge of the CONTRACTOR) under the Prevention of Corruption Acts 1889 to 1916, in relation to this Contract or any other contract with any other Crown Body shall entitle the CUSTOMER to terminate this Contract in accordance with Clause 10.3.5 and recover from the CONTRACTOR the amount of any loss resulting from such termination and/or to recover from the CONTRACTOR the amount or value of any such gift, consideration or commission.
29.3 Any termination under Clause 29.2 shall be without prejudice to any right or remedy which has already accrued, or subsequently accrues, to the CUSTOMER.
29.4 Any dispute, difference or question arising in respect of the interpretation of this Clause 29, the right of the CUSTOMER to terminate this Contract or the amount or value of any such gift, consideration or commission shall be decided by the CUSTOMER, whose decision shall be final and conclusive.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. The SERVICE PROVIDER shall not: offer or give or agree to give any person in Her Majesty’s Service any gift or consideration of any kind as an inducement or reward for doing, forbearing to do, or for having done or forborne to do any act in relation to the obtaining or execution of this Contract or any other contract for Her Majesty’s Service or for showing favour or disfavour to any person in relation to this or any other contract for Her Majesty’s Service; enter into this Contract or any other contract with Her Majesty’s Service in connection with which commission has been paid or agreed to be paid by him or on his behalf, or to his knowledge, unless before this Contract is made particulars of any such commission and of the terms and conditions of any agreement for the payment thereof have been disclosed in writing to the CLIENT. Any breach of Clause 27.1.1 by the SERVICE PROVIDER or by anyone employed by him or acting on his behalf (whether with or without the knowledge of the SERVICE PROVIDER) or the commission of any offence by the SERVICE PROVIDER or by anyone employed by him or acting on his behalf under the Prevention of Corruption Acts 1889 to 1916, in relation to this Contract or any other contract with Her Majesty’s Service shall entitle the CLIENT to terminate this Contract and recover from the SERVICE PROVIDER the amount of any loss resulting from such termination and/or to recover from the SERVICE PROVIDER the amount or value of any such gift, consideration or commission. Any dispute, difference or question arising in respect of the interpretation of this Clause 27, the right of the CLIENT to terminate this Contract or the amount or value of any such gift, consideration or commission shall be decided by the CLIENT, whose decision shall be final and conclusive.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier shall not:
9.1.1 offer or give, or agree to give, to any employee, agent, servant or representative of the Authority, any other public body or person employed by or on behalf of the Authority, or any other public body (each of which for the purposes of this Clause 9 shall be a "Relevant Person") any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Agreement or any other contract with any Relevant Person, or for showing or refraining from showing favour or disfavour to any person in relation to any such contract;
9.1.2 enter into this Framework Agreement, a Call-Off Agreement or any other agreement with any Relevant Person in connection with which commission has been paid or has been agreed to be paid by the Supplier or on its behalf, or to its knowledge, unless before the relevant agreement is entered into particulars of any such commission and of the terms and conditions of any such agreement for the payment of such commission have been disclosed in writing to the Authority;
9.1.3 commit any offences under the Prevention of Corruption Acts 1889 to 1916 or the Xxxxxxx Xxx 0000; or
9.1.4 defraud or attempt to defraud or conspire to defraud any Relevant Person.
9.2 The Supplier warrants, represents and undertakes to the Authority that in entering into this Framework Agreement it has not breached the undertakings in Clause 9.1 above. Each time a Call-Off Agreement is entered into this warranty shall be deemed to be repeated by the Supplier with reference to the circumstances existing at the time that the warranty is deemed to be repeated.
9.3 If the Supplier, or any of the Supplier Staff (or any person acting on the Supplier’s behalf), breaches Clauses 9.1 or 9.2 above the Authority shall be entitled to terminate this Framework Agreement with immediate effect in accordance with Clause 27.1 (Termination on Corruption).
9.4 Without prejudice to its other rights and remedies under this Clause 9, the Authority shall be entitled to recover in full from the Supplier and the Supplier shall on demand indemnify the Authority in full from and against:
9.4.1 the amount of value of any such gift, consideration or commission; and
9.4.2 any other loss sustained by the Authority in consequence of any breach of this Clause 9.
9.5 Notwithstanding Clause 43 (Dispute Resolution), any dispute rela...
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 32.1. The Contractor shall not do (and warrants that in entering the Contract it has not done) any of the following:
(a) offer, give or agree to give to any person in the employment of the Crown any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to the obtaining or performance of this Contract or any other contract with the Crown, or for showing or refraining from showing favour or disfavour to any Person in connection with the Contract; nor
(b) enter into this Contract if any commission has been paid or agreed to be paid to any person in the employment of the Crown by the Contractor or on behalf of the Contractor or to his knowledge in connection with this Contract or any other contract with the Crown, unless particulars of such commission and the terms of any agreement for the payment of it have been disclosed to the Authority in writing before the Contract is made.
32.2. The Contractor or any of his employees, servants, agents or sub-contractors, or any person acting on his or their behalf, does any of the acts mentioned in Condition 32.1 (Corrupt Gifts and Payments of Commission) or commits any offence under the Bribery Act 2010, with or without the knowledge of the Contractor, in relation to this Contract or any other contract with the Crown, the Authority shall be entitled:
(a) to terminate the Contract with immediate effect by written notice to the Contractor and recover from the Contractor the amount of any loss resulting from the termination;
(b) to recover from the Contractor the amount or value of any such gift, consideration or commission; and
(c) to recover from the Contractor any other loss sustained as a result of any breach of this Condition, whether or not the Contract has been terminated.
32.3. Exercising its rights or remedies under this Condition the Authority shall:-
(a) act proportionately in the light of the gravity and circumstances of the particular breach; and
(b) give all due consideration, where appropriate, to the use of remedies other than termination of the Contract.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 9.1 The Supplier shall not offer or give, or agree to give, to any employee, agent, servant or representative of the Authority or any other public body or person employed by or on behalf of the Authority or any other public body any gift or consideration of any kind which could act as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body (including its award to the Supplier, execution or any rights and obligations contained in it), or for showing or refraining from showing favour or disfavour to any person in relation to any such contract. The attention of the Supplier is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916.
9.2 The Supplier warrants that it has not paid commission nor agreed to pay any commission to the Authority or any other public body or any person employed by or on behalf of the Authority or any other public body in connection with this Framework Agreement, any Call-Off Contract or any other contract with the Authority or any other public body or person employed by or on behalf of the Authority or any other public body.
9.3 If the Supplier, its Staff or any person acting on the Supplier's behalf, engages in conduct prohibited by Clauses 9.1 or 9.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 the Authority may:-
9.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Supplier and recover from the Supplier the amount of any loss suffered by the Authority resulting from the termination; or
9.3.2 recover in full from the Supplier and the Supplier shall indemnify the Authority in full from and against any other loss sustained by the Authority in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 15.1 The Grantee itself and it shall procure that any person employed by it or acting on its behalf in relation to this Agreement (including its employees, agents, authorised sub-contractors and Collaborating Persons) shall not:-
(a) give or offer to give to any employee or agent of the Grantor or the Government any gift or consideration of any kind as an inducement or reward for doing or for having done or forborne to do any act in relation to the execution of this Agreement or any other contracts of the Grantor or the Government or for showing or forbearing to show favour or disfavour to any person in relation to this Agreement or any other contracts of the Grantor or the Government;
(b) enter into this Agreement or any other contracts with the Grantor or the Government in connection with which commission has been paid or agreed to be paid by the Grantee or on its behalf, or to its knowledge.
15.2 Any breach of this clause by the Grantee or by any person employed by it or acting on its behalf (whether with or without the knowledge of the Grantee) or the commission of any offence by the Grantee or by any person employed by it or acting on its behalf in relation to this Agreement or any other contracts of the Government shall entitle the Grantor to terminate this Agreement by giving not less than seven (7) days’ prior written notice to the Grantee and to recover from the Grantee all or any monies paid under the Grant together with all administrative, legal and other costs and interest calculated in accordance with Clause 7.5 and accrued from the date of breach of this Clause.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 12.1 The Contractor shall not offer, give or agree to give to any servant of the Crown any gift or consideration of any kind as an inducement or reward for doing or not doing (or having done or not having done) any act in relation to the obtaining or performance of this or any other Contract with the Crown, or for showing or not showing favour or disfavour to any Person in relation to this or any other Contract with the Crown. The attention of the Contractor is drawn to the criminal offences under the Prevention of Corruption Acts 1889 to 1916.
12.2 The Contractor shall not enter into this or any other Contract with the Crown in connection with which commission has been paid or has been agreed to be paid by him or on his behalf, or to his knowledge, unless before the Contract is made particulars of any such commission and the terms and conditions of any such agreement for the payment of it have been disclosed in writing to COI.
12.3 If the Contractor, its Staff or any person acting on the Contractor's behalf, engages in conduct prohibited by Clauses 12.1 or 12.2 above or commits any offence under the Prevention of Corruption Acts 1889 to 1916 COI may:-
12.3.1 terminate the Framework Agreement with immediate effect by giving notice in writing to the Contractor and recover from the Contractor the amount of any loss suffered by COI resulting from the termination; or
12.3.2 recover in full from the Contractor and the Contractor shall indemnify COI in full from and against any other loss sustained by COI in consequence of any breach of this Clause, whether or not the Framework Agreement has been terminated.
12.4 In exercising its rights or remedies under this Condition, COI shall:
12.4.1 act in a reasonable and proportionate manner having regard to such matters as the gravity of the offence and the identity of the person performing the Prohibited Act; and
12.4.2 give all due consideration, where appropriate, to action other than termination of the Contract, including (but without limitation to) requiring the Contractor to terminate a sub-contract where the Prohibited Act is that of a Sub-Contractor or requiring the Contractor to procure the dismissal of an employee (whether his own or that of a Sub-Contractor) where the Prohibited Act is that of such employee.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. The Recipient shall be compliant with the MOPAC’s Anti bribery and corruption policy at all times and not receive or agree to receive from any person, or offer or agree to give to any person, or procure for any person, any gift or consideration of any kind as an inducement or reward for doing or not doing anything, or for showing favour or disfavour to any person in relation to the subject matter of this provision.
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 23.1 The Contractor shall not:
a) offer or give, or agree to give, to any person employed by or on behalf of the Company any gift or consideration of any kind as an inducement or reward for doing, or having done, or not doing, any act in relation to the obtaining or execution of this Contract or any other contract with the Company, or for showing or not showing favour or dis-favour to any person in relation to this Contract or any other contract with the Company;
b) enter into this Contract or any other contract with the Company in connection with which Commission has been paid, or agreed to be paid by him/her or on his/her behalf, or to his/her knowledge, unless, before the Contract is made, particulars of any such Commission and the terms and conditions of any agreement for the payment thereof, have been disclosed in writing to any person duly authorised by the Company to act as its representative for the purpose of this Condition. Nothing contained in this Condition prevents the Contractor paying such Commission or bonuses to his/her own staff in accordance with their agreed contracts of employment.
23.2 Any breach of this Condition by the Contractor, or by anyone employed by him or acting on his behalf (whether with or without his/her knowledge), or the Commission of any offence by the Contractor or by anyone employed by him or acting on his/her behalf under the Prevention of Corruption Acts 1889-1916, in relation to this Contract or any other contract with the Company, shall entitle the Company to terminate the Contract and recover from the Contractor the amount of any loss resulting from such termination and the amount of the value of any such gift, consideration or Commission.
23.3 Where the Contract has been terminated under paragraph 23.2 of this Condition, the powers given by 6.3 shall apply as if there had been a failure to commence the work.
23.4 In any dispute, difference or question arising in respect of:
a) the interpretation of this Condition (except so far as the same may relate to the amount recoverable from the Contractor under paragraph (2) of this Condition in respect of any loss resulting from such termination of the Contract); or
b) the right of the Company to terminate the Contract; or
c) the amount or value of any gift, consideration or Commission; the decision of the Company shall be final and conclusive. General
CORRUPT GIFTS AND PAYMENTS OF COMMISSION. 15.1 The Recipient shall not:
(a) give or offer to give to any employee or agent of the Government any gift or consideration of any kind as an inducement or reward for doing or for having done or forborne to do any act in relation to the execution of this Agreement or any other Government contracts or for showing or forbearing to show favour or disfavour to any person in relation to this Agreement or any other Government contracts; or
(b) enter into this Agreement or any other Government contracts in connection with which commission has been paid or agreed to be paid by the Recipient or on its behalf, or to its knowledge.
15.2 Any breach of Clause 15.1 by the Recipient or by any person employed by it or acting on its behalf (whether with or without the knowledge of the Recipient) or the commission of any offence under the Prevention of Bribery Ordinance (Cap. 201) or under any law of a similar nature by the Recipient or by any person employed by it or acting on its behalf in relation to this Agreement or any other Government contracts shall entitle the Government to (a) terminate this Agreement pursuant to Clause 10.1; (b) recover from the Recipient all or any monies paid under this Agreement together with all administrative, legal and other expenditure accrued up to the date of repayment; and (c) hold the Recipient liable for any loss or damages which the Government may thereby sustain.
15.3 The Recipient shall use its best endeavour to follow the practice set out in the “Best Practice Checklist-Governance and Internal Control in Non – Governmental Organisations” issued by the Independent Commission Against Corruption (“ICAC”) (downloadable from: xxxx://xxx.xxxx.xxx.xx) from time to time.
