AMENDMENTS TO THIS CONTRACT. 36.1. An amendment or variation to this Contract shall not be effective or binding unless it is in writing and signed by the Supplier and the Customer. 36.2. No amendment or variation to this Contract shall be permitted which could or does amount to a substantial variation for the purposes of regulation 72 of PCR (which the Customer shall determine in its sole discretion). 36.3. For the avoidance of doubt, the Customer shall be entitled to refuse any proposed amendment or variation to this Contract which does or could amount to a substantial variation for the purposes of regulation 72 of PCR. The term Prohibited Act means (a) directly or indirectly offering, promising or giving any person working for or engaged by the Customer a financial or other advantage of any kind to: (i) induce that person to improperly perform a relevant function or activity; or (ii) reward that person for improper performance of a relevant function or activity; (b) directly or indirectly requesting, agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Contract; (c) committing any offence; (i) under the Bribery Act 2010; (ii) under Law creating offences in respect of fraudulent acts; (iii) at common law, in respect of fraudulent acts; or (iv) at common law, in respect of fraudulent acts relating to this Contract or any other contract with the Customer or any other public body; or (d) defrauding, attempting to defraud or conspiring to defraud the Customer. The Supplier: (e) shall not, and shall procure that the Supplier's Personnel shall not, in connection with Contract, commit a Prohibited Act; (f) 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 Customer, or that any agreement has been reached to that effect, in connection with the execution of this Contract; and (g) warrants that in entering into this Contract it has not committed any Prohibited Act (as declared by the Supplier pursuant to the Original Tender Process in accordance with regulation 57 of the PCR). The Supplier shall: (h) if requested in writing, provide the Customer, at the Customer's reasonable cost, to enable the Customer to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act 2010; and (i) within 20 (twenty) days of the date of this Contract, and annually thereafter, certify in writing to the Customer compliance with this Schedule 1 by the Supplier and all persons associated with it or any other persons who are supplying the Goods and/or Services in connection with this Contract. The Supplier shall provide any such supporting evidence of compliance with this Schedule 1 as the Customer may reasonably request. The Supplier shall put in place and maintain an anti-bribery policy (a copy of which shall be provided to the Customer within 20 (twenty) days of the date of this Contract) which shall, as a minimum, prevent any Personnel from committing a Prohibited Act and shall enforce it where appropriate. If at any time any breach of paragraph 2 above is suspected or known, the Supplier must notify the Customer immediately with the details of any such breach to follow in writing as soon as reasonably practicable. If the Supplier notifies the Customer that it suspects or knows that there may be a breach of this Schedule 1, the Supplier will respond promptly to all of the Customer's enquiries in relation to any such suspected or actual breach and will co-operate at all times with any investigation, and permit the Customer access to and audit of any books, records and any other relevant documents. The obligation under this paragraph shall continue for 7 (seven) years following the expiry or termination of this Contract. The Customer may terminate this Contract by written notice with immediate effect if the Supplier, its Personnel (in all cases whether or not acting with the Supplier’s knowledge) breaches paragraph 2 of this Schedule 1. Any such termination shall be without prejudice to any right or remedy which has already accrued or which subsequently accrues to the Customer. Any notice provided by the Customer pursuant to paragraph 7 must specify: (j) the nature of the Prohibited Act; (k) the identity of the party who the Customer believes has committed the Prohibited Act; and (l) the date on which this Contract will terminate in accordance with the applicable provisions of this Schedule 1. Notwithstanding Clause 26 (Dispute Resolution) of this Contract, the Customer shall determine any Dispute relating to the interpretation of this Schedule 1 and/or the amount or value of any gift, consideration or commission and any such determination by the Customer shall be final and binding upon the parties. The Participating Consortia are as follows: London Universities Purchasing Consortium (LUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/member-list. Southern Universities Purchasing Consortium (SUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/about-us/our-members/our-members North East Universities Purchasing Consortium (NEUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members North West Universities Purchasing Consortium (NWUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members Advanced Procurement for Universities and Colleges (APUC) ▇▇▇▇://▇▇▇.▇▇▇▇-▇▇▇▇.ac.uk/#!/members Higher Education Purchasing Consortium Wales (HEPCW) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/members/ NHS Authorities in England and Wales, NHS Trusts, NHS Foundation Trusts in England and Wales, Special Health Authorities in England and Wales, NHS Wales Health Boards, NHS Northern Ireland Health Boards, Special NHS Boards in England and Wales and any other NHS entity in England and Wales (the members of such Participating Consortia, together with LUPC Members being "Members").
Appears in 1 contract
Sources: Call Off Contract
AMENDMENTS TO THIS CONTRACT. 36.135.1. An amendment or variation to this Contract shall not be effective or binding unless it is in writing and signed by the Supplier and the Customer.
36.235.2. No amendment or variation to this Contract shall be permitted which could or does amount to a substantial variation for the purposes of regulation 72 of PCR (which the Customer shall determine in its sole discretion).
36.335.3. For the avoidance of doubt, the Customer shall be entitled to refuse any proposed amendment or variation to this Contract which does or could amount to a substantial variation for the purposes of regulation 72 of PCR. The term Prohibited Act means
(a) directly or indirectly offering, promising or giving any person working for or engaged by the Customer a financial or other advantage of any kind to:
(i) induce that person to improperly perform a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
(b) directly or indirectly requesting, agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Contract;
(c) committing any offence;
(i) under the Bribery Act 2010;
(ii) under Law creating offences in respect of fraudulent acts;
(iii) at common law, in respect of fraudulent acts; or
(iv) at common law, in respect of fraudulent acts relating to this Contract or any other contract with the Customer or any other public body; or
(d) defrauding, attempting to defraud or conspiring to defraud the Customer. The Supplier:
(e) shall not, and shall procure that the Supplier's Personnel shall not, in connection with Contract, commit a Prohibited Act;
(f) 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 Customer, or that any agreement has been reached to that effect, in connection with the execution of this Contract; and
(g) warrants that in entering into this Contract it has not committed any Prohibited Act (as declared by the Supplier pursuant to the Original Tender Process in accordance with regulation 57 of the PCR). The Supplier shall:
(h) if requested in writing, provide the Customer, at the Customer's reasonable cost, to enable the Customer to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act 2010; and
(i) within 20 (twenty) days of the date of this Contract, and annually thereafter, certify in writing to the Customer compliance with this Schedule 1 Error! Reference source not found. by the Supplier and all persons associated with it or any other persons who are supplying the Goods and/or Services in connection with this Contract. The Supplier shall provide any such supporting evidence of compliance with this Schedule 1 Error! Reference source not found. as the Customer may reasonably request. The Supplier shall put in place and maintain an anti-bribery policy (a copy of which shall be provided to the Customer within 20 (twenty) days of the date of this Contract) which shall, as a minimum, prevent any Personnel from committing a Prohibited Act and shall enforce it where appropriate. If at any time any breach of paragraph 2 above is suspected or known, the Supplier must notify the Customer immediately with the details of any such breach to follow in writing as soon as reasonably practicable. If the Supplier notifies the Customer that it suspects or knows that there may be a breach of this Schedule 1Error! Reference source not found., the Supplier will respond promptly to all of the Customer's enquiries in relation to any such suspected or actual breach and will co-operate at all times with any investigation, and permit the Customer access to and audit of any books, records and any other relevant documents. The obligation under this paragraph shall continue for 7 (seven) years following the expiry or termination of this Contract. The Customer may terminate this Contract by written notice with immediate effect if the Supplier, its Personnel (in all cases whether or not acting with the Supplier’s knowledge) breaches paragraph 2 of this Schedule 1. Error! Reference source not found.. Any such termination shall be without prejudice to any right or remedy which has already accrued or which subsequently accrues to the Customer. Any notice provided by the Customer pursuant to paragraph 7 must specify:
(j) the nature of the Prohibited Act;
(k) the identity of the party who the Customer believes has committed the Prohibited Act; and
(l) the date on which this Contract will terminate in accordance with the applicable provisions of this Schedule 1. Notwithstanding Clause 26 (Dispute Resolution) of this Contract, the Customer shall determine any Dispute relating to the interpretation of this Schedule 1 and/or the amount or value of any gift, consideration or commission and any such determination by the Customer shall be final and binding upon the parties. The Participating Consortia are as follows: London Universities Purchasing Consortium (LUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/member-list. Southern Universities Purchasing Consortium (SUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/about-us/our-members/our-members North East Universities Purchasing Consortium (NEUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members North West Universities Purchasing Consortium (NWUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members Advanced Procurement for Universities and Colleges (APUC) ▇▇▇▇://▇▇▇.▇▇▇▇-▇▇▇▇.ac.uk/#!/members Higher Education Purchasing Consortium Wales (HEPCW) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/members/ NHS Authorities in England and Wales, NHS Trusts, NHS Foundation Trusts in England and Wales, Special Health Authorities in England and Wales, NHS Wales Health Boards, NHS Northern Ireland Health Boards, Special NHS Boards in England and Wales and any other NHS entity in England and Wales (the members of such Participating Consortia, together with LUPC Members being "Members").Error! Reference source not found..
Appears in 1 contract
Sources: Call Off Contract
AMENDMENTS TO THIS CONTRACT. 36.1. An amendment or variation to this Contract shall not be effective or binding unless it is in writing and signed by the Supplier and the Customer.
36.2. No amendment or variation to this Contract shall be permitted which could or does amount to a substantial variation for the purposes of regulation 72 of PCR (which the Customer shall determine in its sole discretion).
36.3. For the avoidance of doubt, the Customer shall be entitled to refuse any proposed amendment or variation to this Contract which does or could amount to a substantial variation for the purposes of regulation 72 of PCR. Call Off Terms and Conditions - Schedule 1: Anti-bribery and Corruption The term Prohibited Act means
(a) directly or indirectly offering, promising or giving any person working for or engaged by the Customer a financial or other advantage of any kind to:
(i) induce that person to improperly perform a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
(b) directly or indirectly requesting, agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Contract;
(c) committing any offence;
(i) under the Bribery Act 2010;
(ii) under Law creating offences in respect of fraudulent acts;
(iii) at common law, in respect of fraudulent acts; or
(iv) at common law, in respect of fraudulent acts relating to this Contract or any other contract with the Customer or any other public body; or
(d) defrauding, attempting to defraud or conspiring to defraud the Customer. The Supplier:
(e) shall not, and shall procure that the Supplier's Personnel shall not, in connection with Contract, commit a Prohibited Act;
(f) 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 Customer, or that any agreement has been reached to that effect, in connection with the execution of this Contract; and
(g) warrants that in entering into this Contract it has not committed any Prohibited Act (as declared by the Supplier pursuant to the Original Tender Process in accordance with regulation 57 of the PCR). The Supplier shall:
(h) if requested in writing, provide the Customer, at the Customer's reasonable cost, to enable the Customer to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act 2010; and
(i) within 20 (twenty) days of the date of this Contract, and annually thereafter, certify in writing to the Customer compliance with this Schedule 1 by the Supplier and all persons associated with it or any other persons who are supplying the Goods and/or Services in connection with this Contract. The Supplier shall provide any such supporting evidence of compliance with this Schedule 1 as the Customer may reasonably request. The Supplier shall put in place and maintain an anti-bribery policy (a copy of which shall be provided to the Customer within 20 (twenty) days of the date of this Contract) which shall, as a minimum, prevent any Personnel from committing a Prohibited Act and shall enforce it where appropriate. If at any time any breach of paragraph 2 above is suspected or known, the Supplier must notify the Customer immediately with the details of any such breach to follow in writing as soon as reasonably practicable. If the Supplier notifies the Customer that it suspects or knows that there may be a breach of this Schedule 1, the Supplier will respond promptly to all of the Customer's enquiries in relation to any such suspected or actual breach and will co-operate at all times with any investigation, and permit the Customer access to and audit of any books, records and any other relevant documents. The obligation under this paragraph shall continue for 7 (seven) years following the expiry or termination of this Contract. The Customer may terminate this Contract by written notice with immediate effect if the Supplier, its Personnel (in all cases whether or not acting with the Supplier’s knowledge) breaches paragraph 2 of this Schedule 1. Any such termination shall be without prejudice to any right or remedy which has already accrued or which subsequently accrues to the Customer. Any notice provided by the Customer pursuant to paragraph 7 must specify:
(j) the nature of the Prohibited Act;
(k) the identity of the party who the Customer believes has committed the Prohibited Act; and
(l) the date on which this Contract will terminate in accordance with the applicable provisions of this Schedule 1. Notwithstanding Clause 26 (Dispute Resolution) of this Contract, the Customer shall determine any Dispute relating to the interpretation of this Schedule 1 and/or the amount or value of any gift, consideration or commission and any such determination by the Customer shall be final and binding upon the parties. The Participating Consortia are as follows: London Universities Purchasing Consortium (LUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/member-list. Southern Universities Purchasing Consortium (SUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/about-us/our-members/our-members North East Universities Purchasing Consortium (NEUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members North West Universities Purchasing Consortium (NWUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members Advanced Procurement for Universities and Colleges (APUC) ▇▇▇▇://▇▇▇.▇▇▇▇-▇▇▇▇.ac.uk/#!/members Higher Education Purchasing Consortium Wales (HEPCW) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/members/ NHS Authorities in England and Wales, NHS Trusts, NHS Foundation Trusts in England and Wales, Special Health Authorities in England and Wales, NHS Wales Health Boards, NHS Northern Ireland Health Boards, Special NHS Boards in England and Wales and any other NHS entity in England and Wales (the members of such Participating Consortia, together with LUPC Members being "Members").. In this Schedule, the following words and expressions shall have the following meanings:
(a) the subject matter and duration of the Processing; (b) the nature and purpose of the Processing;
Appears in 1 contract
Sources: Call Off Contract
AMENDMENTS TO THIS CONTRACT. 36.135.1. An amendment or variation to this Contract shall not be effective or binding unless it is in writing and signed by the Supplier and the Customer.
36.235.2. No amendment or variation to this Contract shall be permitted which could or does amount to a substantial variation for the purposes of regulation 72 of PCR (which the Customer shall determine in its sole discretion).
36.335.3. For the avoidance of doubt, the Customer shall be entitled to refuse any proposed amendment or variation to this Contract which does or could amount to a substantial variation for the purposes of regulation 72 of PCR. The term Prohibited Act means
(a) directly or indirectly offering, promising or giving any person working for or engaged by the Customer a financial or other advantage of any kind to:
(i) induce that person to improperly perform a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
(b) directly or indirectly requesting, agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Contract;
(c) committing any offence;
(i) under the Bribery Act 2010;
(ii) under Law creating offences in respect of fraudulent acts;
(iii) at common law, in respect of fraudulent acts; or
(iv) at common law, in respect of fraudulent acts relating to this Contract or any other contract with the Customer or any other public body; or
(d) defrauding, attempting to defraud or conspiring to defraud the Customer. The Supplier:
(e) shall not, and shall procure that the Supplier's Personnel shall not, in connection with Contract, commit a Prohibited Act;
(f) 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 Customer, or that any agreement has been reached to that effect, in connection with the execution of this Contract; and
(g) warrants that in entering into this Contract it has not committed any Prohibited Act (as declared by the Supplier pursuant to the Original Tender Process in accordance with regulation 57 of the PCR). The Supplier shall:
(h) if requested in writing, provide the Customer, at the Customer's reasonable cost, to enable the Customer to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act 2010; and
(i) within 20 (twenty) days of the date of this Contract, and annually thereafter, certify in writing to the Customer compliance with this Schedule 1 Error! Reference source not found. by the Supplier and all persons associated with it or any other persons who are supplying the Goods and/or Services in connection with this Contract. The Supplier shall provide any such supporting evidence of compliance with this Schedule 1 Error! Reference source not found. as the Customer may reasonably request. The Supplier shall put in place and maintain an anti-bribery policy (a copy of which shall be provided to the Customer within 20 (twenty) days of the date of this Contract) which shall, as a minimum, prevent any Personnel from committing a Prohibited Act and shall enforce it where appropriate. If at any time any breach of paragraph 2 above is suspected or known, the Supplier must notify the Customer immediately with the details of any such breach to follow in writing as soon as reasonably practicable. If the Supplier notifies the Customer that it suspects or knows that there may be a breach of this Schedule 1Error! Reference source not found., the Supplier will respond promptly to all of the Customer's enquiries in relation to any such suspected or actual breach and will co-operate at all times with any investigation, and permit the Customer access to and audit of any books, records and any other relevant documents. The obligation under this paragraph shall continue for 7 (seven) years following the expiry or termination of this Contract. The Customer may terminate this Contract by written notice with immediate effect if the Supplier, its Personnel (in all cases whether or not acting with the Supplier’s knowledge) breaches paragraph 2 of this Schedule 1. Error! Reference source not found.. Any such termination shall be without prejudice to any right or remedy which has already accrued or which subsequently accrues to the Customer. Any notice provided by the Customer pursuant to paragraph 7 must specify:
(j) the nature of the Prohibited Act;
(k) the identity of the party who the Customer believes has committed the Prohibited Act; and
(l) the date on which this Contract will terminate in accordance with the applicable provisions of this Schedule 1. Error! Reference source not found.. Notwithstanding Clause 26 (Dispute Resolution) of this Contract, the Customer shall determine any Dispute relating to the interpretation of this Schedule 1 Error! Reference source not found. and/or the amount or value of any gift, consideration or commission and any such determination by the Customer shall be final and binding upon the parties. The Participating Consortia are as follows: London Universities Purchasing Consortium (LUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/member-list. Southern Universities Purchasing Consortium (SUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/about-us/our-members/our-members North East Universities Purchasing Consortium (NEUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members North West Universities Purchasing Consortium (NWUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members Advanced Procurement for Universities and Colleges (APUC) ▇▇▇▇://▇▇▇.▇▇▇▇-▇▇▇▇.ac.uk/#!/members Higher Education Purchasing Consortium Wales (HEPCW) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/members/ NHS Authorities in England and Wales, NHS Trusts, NHS Foundation Trusts in England and Wales, Special Health Authorities in England and Wales, NHS Wales Health Boards, NHS Northern Ireland Health Boards, Special NHS Boards in England and Wales and any other NHS entity in England and Wales (the members of such Participating Consortia, together with LUPC Members being "Members").. Not used In this Schedule, the following words and expressions shall have the following meanings:
(a) the subject matter and duration of the Processing; (b) the nature and purpose of the Processing; (c) the type of Personal Data being Processed; and (d) the categories of Data Subjects as set out in the Order Form; Data Subject means the identified or identifiable natural living person to whom the Personal Data relates; Personal Data means any information relating to an identified or identifiable living individual; Personal Data Breach means any act or omission that (i) compromises the security, confidentiality or integrity of the Personal Data that the Supplier Processes for and on behalf of the Customer (including, by way of example, the unauthorised loss or disclosure of any such Personal Data by the Supplier); (ii) compromises the physical, technical, administrative or organisational safeguards put in place by the Supplier that relate to the protection of the security, confidentiality or integrity of such Personal Data (including any breach of the IT and data security requirements); or (iii) causes the Customer or Supplier to be in breach of data protection Law (in particular the Data Protection Legislation); Processor means the person which processes Personal Data on behalf of the Controller;
Appears in 1 contract
Sources: Call Off Contract
AMENDMENTS TO THIS CONTRACT. 36.1. An amendment or variation to this Contract shall not be effective or binding unless it is in writing and signed by the Supplier and an authorised commercial representative of the Customer.
36.2. No amendment or variation to this Contract shall be permitted which could or does amount to a substantial variation for the purposes of regulation 72 of PCR (which the Customer shall determine in its sole discretion).
36.3. For the avoidance of doubt, the Customer shall be entitled to refuse any proposed amendment or variation to this Contract which does or could amount to a substantial variation for the purposes of regulation 72 of PCR. Attestation: : : : The term Prohibited Act means
(a) directly or indirectly offering, promising or giving any person working for or engaged by the Customer a financial or other advantage of any kind to:
(i) induce that person to improperly perform a relevant function or activity; or
(ii) reward that person for improper performance of a relevant function or activity;
(b) directly or indirectly requesting, agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Contract;
(c) committing any offence;
(i) under the Bribery Act 2010;
(ii) under Law creating offences in respect of fraudulent acts;
(iii) at common law, in respect of fraudulent acts; or
(iv) at common law, in respect of fraudulent acts relating to this Contract or any other contract with the Customer or any other public body; or
(d) defrauding, attempting to defraud or conspiring to defraud the Customer. The Supplier:
(e) shall not, and shall procure that the Supplier's Personnel shall not, in connection with Contract, commit a Prohibited Act;
(f) 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 Customer, or that any agreement has been reached to that effect, in connection with the execution of this Contract; and
(g) warrants that in entering into this Contract it has not committed any Prohibited Act (as declared by the Supplier pursuant to the Original Tender Process in accordance with regulation 57 of the PCR). The Supplier shall, and shall procure that its subcontractors shall:
(h) if requested in writing, provide the Customer, at the Customer's reasonable cost, to enable the Customer to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act 2010; and
(i) within 20 (twenty) days of the date of this Contract, and annually thereafter, certify in writing to the Customer compliance with this Schedule 1 by the Supplier and all persons associated with it or any other persons who are supplying the Goods and/or Services in connection with this Contract. The Supplier shall provide any such supporting evidence of compliance with this Schedule 1 as the Customer may reasonably request. The Supplier shall put in place and maintain an anti-bribery policy (a copy of which shall be provided to the Customer within 20 (twenty) days of the date of this Contract) which shall, as a minimum, prevent any Personnel from committing a Prohibited Act and shall enforce it where appropriate. If at any time any breach of paragraph 2 above is suspected or known, the Supplier must notify the Customer immediately with the details of any such breach to follow in writing as soon as reasonably practicable. If the Supplier notifies the Customer that it suspects or knows that there may be a breach of this Schedule 1, the Supplier will respond promptly to all of the Customer's enquiries in relation to any such suspected or actual breach and will co-operate at all times with any investigation, and permit the Customer access to and audit of any books, records and any other relevant documents. The obligation under this paragraph shall continue for 7 (seven) years following the expiry or termination of this Contract. The Customer may terminate this Contract by written notice with immediate effect if the Supplier, its Personnel (in all cases whether or not acting with the Supplier’s knowledge) breaches paragraph 2 of this Schedule 1. Any such termination shall be without prejudice to any right or remedy which has already accrued or which subsequently accrues to the Customer. Any notice provided by the Customer pursuant to paragraph 7 must specify:
(j) the nature of the Prohibited Act;
(k) the identity of the party who the Customer believes has committed the Prohibited Act; and
(l) the date on which this Contract will terminate in accordance with the applicable provisions of this Schedule 1. Notwithstanding Clause 26 (Dispute Resolution) of this Contract, the Customer shall determine any Dispute relating to the interpretation of this Schedule 1 and/or the amount or value of any gift, consideration or commission and any such determination by the Customer shall be final and binding upon the parties. The Participating Consortia are as follows: London Universities Purchasing Consortium (LUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/member-list. Southern Universities Purchasing Consortium (SUPC) ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇.▇▇/about-us/our-members/our-members North East Universities Purchasing Consortium (NEUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members North West Universities Purchasing Consortium (NWUPC) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/our-members Advanced Procurement for Universities and Colleges (APUC) ▇▇▇▇://▇▇▇.▇▇▇▇-▇▇▇▇.ac.uk/#!/members Higher Education Purchasing Consortium Wales (HEPCW) ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/members/ NHS Authorities in England and Wales, NHS Trusts, NHS Foundation Trusts in England and Wales, Special Health Authorities in England and Wales, NHS Wales Health Boards, NHS Northern Ireland Health Boards, Special NHS Boards in England and Wales and any other NHS entity in England and Wales (the members of such Participating Consortia, together with LUPC Members being "Members").. In this Schedule, the following words and expressions shall have the following meanings:
(a) the subject matter and duration of the Processing; (b) the nature and purpose of the Processing; (c) the type of Personal Data being Processed; and (d) the categories of Data Subjects as set out in the Order Form; Data Subject means the identified or identifiable natural living person to whom the Personal Data relates; Personal Data means any information relating to an identified or identifiable living individual; Personal Data Breach means any act or omission that (i) compromises the security, confidentiality or integrity of the Personal Data that the Supplier Processes for and on behalf of the Customer (including, by way of example, the unauthorised loss or disclosure of any such Personal Data by the Supplier); (ii) compromises the physical, technical, administrative or organisational safeguards put in place by the Supplier that relate to the protection of the security, confidentiality or integrity of such Personal Data (including any breach of the IT and data security requirements); or (iii) causes the Customer or Supplier to be in breach of data protection Law (in particular the Data Protection Legislation); Processor means the person which processes Personal Data on behalf of the Controller;
Appears in 1 contract
Sources: Call Off Contract