PREVENTION OF BRIBERY Clause Samples
The Prevention of Bribery clause establishes a contractual obligation for parties to refrain from engaging in any form of bribery or corrupt practices in connection with the agreement. Typically, this clause requires all parties, their employees, and agents to comply with relevant anti-bribery laws and may mandate the implementation of internal policies or training to prevent such conduct. Its core function is to ensure ethical business practices and legal compliance, thereby protecting both parties from legal risks and reputational harm associated with bribery.
PREVENTION OF BRIBERY. 22.1 The Supplier shall (and shall procure that the Staff, Subcontractor(s) and Supplier Personnel shall):
(a) not, in connection with this Framework Agreement and any Contract made under it, commit a Prohibited Act;
(b) not do, suffer or omit to do anything that would cause the Authority or the Staff, Subcontractor(s) and Supplier Personnel to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements;
(c) comply with the Authority's Anti-Bribery and Anti-Corruption Policy as updated from time to time OR have and maintain in place its own policies and procedures to ensure compliance with the Relevant Requirements and prevent occurrence of a Prohibited Act;
(d) notify the Authority (in writing) if it becomes aware of any breach of clause 22.1(a) or clause 22.1(b), or has reason to believe that it or any person associated with it has received a request or demand for any undue financial or other advantage in connection with performance of this Framework Agreement and any Contract made under it.
22.2 The Supplier shall maintain appropriate and up to date records showing all payments made by the Supplier in connection with this Framework Agreement and any Contract made under it and the steps taken to comply with its obligations under clause 22.1.
22.3 The Supplier shall allow the Authority and its Auditor to audit any of the Supplier's records and any other relevant documentation in accordance with clause 10.
22.4 If the Supplier, the Staff, Subcontractor(s) or Supplier Personnel breaches this clause 22, the Authority may by notice:
(a) require the Supplier to remove from performance of this Framework Agreement and any Contract made under it any Staff, Subcontractor(s) or Supplier Personnel whose acts or omissions have caused the breach; or
(b) immediately terminate this Framework Agreement and any Contract made under it.
22.5 Any notice served by the Authority under clause 22.4 shall specify the nature of the Prohibited Act, the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority have elected to take (including, where relevant, the date on which this Framework Agreement and any Contract made under it shall terminate).
22.6 Despite clause 21, any dispute relating to:
(a) the interpretation of this clause 22; or
(b) the amount or value of any gift, consideration or commission, shall be determined by the Authority and its decision shall be f...
PREVENTION OF BRIBERY. 29.1 The Consultant represents and warrants that neither it, nor to the best of its knowledge any Consultant's Personnel, have at any time prior to the Commencement Date:
29.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or
29.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
29.2 The Consultant shall not during the term of this Agreement:
29.2.1 commit a Prohibited Act; and/or
29.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority's employees, consultants, contractors, sub- contractors or agents to contravene any of the Bribery Act or otherwise incur any liability in relation to the Bribery Act.
29.3 The Consultant shall during the term of this Agreement:
29.3.1 establish, maintain and enforce, and require that its Sub-contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Bribery Act and prevent the occurrence of a Prohibited Act; and
29.3.2 keep appropriate records of its compliance with its obligations under Clause 29.3.1 and make such records available to the Authority on request.
29.4 The Consultant shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 29.1 and/or Clause 29.2, or has reason to believe that it has or any of the Consultant's Personnel have:
29.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
29.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; and/or
29.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this agreement or otherwise suspects that any person or Party directly or indirectly connected with this Agreement has committed or attempted to commit a Prohibited Act.
29.5 If the Consultant makes a notification to the Authority pursuant to Clause 29.4, the Consultant shall respond promptly to the Authority's enquiries, co- operate with any investigation, and allow the ...
PREVENTION OF BRIBERY.
36.1 The Service Provider:
(a) shall not, and shall procure that any Service Provider Party and all Service Provider Personnel shall not, in connection with this agreement commit a Prohibited Act;
(b) 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 University, or that an agreement has been reached to that effect, in connection with the execution of this agreement, excluding any arrangement of which full details have been disclosed in writing to the University before execution of this agreement.
36.2 The Service Provider shall:
(a) if requested, provide the University with any reasonable assistance, at the University's reasonable cost, to enable the University to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act;
(b) within 40 Working Days of the Commencement Date, and annually thereafter, certify to the University in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreement. The Service Provider shall provide such supporting evidence of compliance as the University may reasonably request.
36.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the University) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate.
36.4 If any breach of clause 36.1 is suspected or known, the Service Provider must notify the University immediately.
36.5 If the Service Provider notifies the University that it suspects or knows that there may be a breach of clause 36.1, the Service Provider must respond promptly to the University's enquiries, co-operate with any investigation, and allow the University to audit books, records and any other relevant documentation. This obligation shall continue for 7 years following the expiry or termination of this agreement.
36.6 The University may terminate this agreement by written notice with immediate effect if the Service Provider, Service Provider Party or Service Provider Personnel (in all cases whether or not acting with the Service Provider's knowledge) breaches clause 36.
1. In determining whether to exercise the right of term...
PREVENTION OF BRIBERY. 16.1 In this clause
PREVENTION OF BRIBERY. The Supplier hereby undertakes that, at the date of the entering into force of the Contract, itself, its directors, officers or employees have not offered, promised, given, authorized, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Contract and that it has taken reasonable measures to prevent sub suppliers, agents or any other third parties, from doing so. Failure to comply with this clause or any act of offering, soliciting or accepting advantage committed by the Supplier or by an employee, agent or sub- supplier of the Supplier shall, without affecting the its liability for such failure and act, result in this contact being invalidated.
PREVENTION OF BRIBERY. 19.1 The Supplier warrants and undertakes to the Company that:
19.1.1 it will comply with applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇;
19.1.2 it will comply with the Company’s anti-bribery policy as may be amended from time to time, a copy of which will be provided to the Supplier on written request;
19.1.3 it will procure that any person who performs or has performed services for or on its behalf (“Associated Person”) in connection with this Agreement complies with this Condition 19;
19.1.4 it will not enter into any agreement with any Associated Person in connection with this Agreement, unless such agreement contains undertakings on the same terms as contained in this Condition 19;
19.1.5 it has and will maintain in place effective accounting procedures and internal controls necessary to record all expenditure in connection with the Agreement;
19.1.6 from time to time, at the reasonable request of the Company, it will confirm in writing that it has complied with its undertakings under clauses 19.1.1 –
PREVENTION OF BRIBERY. 15.1 Neither party shall, and shall procure that all of its staff shall not, in connection with this Agreement commit a Prohibited Act.
15.2 Each party shall have an anti-bribery policy (which shall be disclosed to the other upon request) to prevent any of its employees from committing a Prohibited Act and shall enforce it where appropriate.
PREVENTION OF BRIBERY. The Consultant hereby undertakes that, at the date of the entering into force of the Agreement, itself, its directors, officers or employees have not offered, promised, given, authorized, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Agreement and that it has taken reasonable measures to prevent sub- consultants, agents or any other third parties, from doing so. Failure to comply with this clause or any act of offering, soliciting or accepting advantage committed by the Consultant or by an employee, agent or sub- consultant of the Consultant shall, without affecting the its liability for such failure and act, result in this Agreement being invalidated.
PREVENTION OF BRIBERY. The Registrar shall not, and shall procure that its directors, employees, agents and sub-contractors who are involved in this Registrar Agreement shall not solicit or accept any advantage as defined in the Prevention of Bribery Ordinance (Cap 201) in relation to this Registrar Agreement. The Registrar shall also caution its directors, employees, agents and sub-contractors against soliciting or accepting any excessive hospitality, entertainment or inducements which would impair their impartiality in relation to the Registrar Agreement. The Registrar shall take all necessary measures (including by way of internal guidelines or contractual provisions where appropriate) to ensure that its directors, employees, agents and subcontractors are aware of the aforesaid prohibition and will not solicit or accept any advantage, excessive hospitality, etc. in relation to the business of HKIRC.
PREVENTION OF BRIBERY.
8.1 The Company:
8.1.1 shall not, and shall procure that any Director, officer, employee, adviser or representative of any of them shall not, in connection with this Agreement commit a Prohibited Act;
8.1.2 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 Council, or that an agreement has been reached to that effect, in connection with the execution of this Agreement, excluding any arrangement of which full details have been disclosed in writing to the Council before execution of this Agreement.
8.2 The Company shall:
8.2.1 if requested, provide the Council with any reasonable assistance, at the Council's reasonable cost, to enable the Council 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
8.2.2 within 10 Business Days of the date of this Agreement, and annually thereafter, certify to the Council in writing (such certification to be signed by an officer of the Company) compliance with this clause 8 by the Company and all persons associated with it or other persons who are supplying goods or services in connection with this Agreement. The Company shall provide such supporting evidence of compliance as the Council may reasonably request.
8.3 The Company shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any of its Directors, officers, employees, advisers or representatives of the company from committing a Prohibited Act and shall enforce it where appropriate.
8.4 If any breach of clause 8.1 is suspected or known, the party in breach must notify the Council immediately.
8.5 If any Company notifies the Council that it suspects or knows that there may be a breach of clause 8.1, such company must respond promptly to the Council's enquiries, co-operate with any investigation, and allow the Council to audit books, records and any other relevant documentation.
8.6 The Council may terminate this Agreement or any other agreement with the Company concerned by written notice with immediate effect if any such Company or Director, officer, employee, adviser or representative of such Company (in all cases whether or not acting with such Company's knowledge) breaches clause 8.1.
8.7 Any notice of termination under clause 8.6 must specify:
8.7.1 the nature of the Prohibited Act;
8.7.2 the identity of the party whom the Council ...