Common use of PREVENTION OF BRIBERY Clause in Contracts

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 believes has committed the Prohibited Act; and 8.7.3 the date on which this Agreement shall terminate. 8.8 Any dispute relating to: 8.8.1 the interpretation of this clause 8; or 8.8.2 the amount or value of any gift, consideration or commission; shall be determined by the Council and its decision shall be final and conclusive. 8.9 Any termination under clause 8.6 shall be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Council.

PREVENTION OF BRIBERY. ‌ 8.1 The Company: 8.1.1 Contractor shall not, and shall procure that any Director, officer, employee, adviser or representative of any of them Sub-contractor and all Contractor Employees shall not, in connection with this Agreement commit a Prohibited Act;. 8.1.2 8.2 The Contractor 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 8.3 The Company shall: 8.2.1 Contractor shall 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 8.4 The Company Contractor shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any of its Directors, officers, employees, advisers sub-contractor or representatives of the company Contractor Employees from committing a Prohibited Act and shall enforce it where appropriate. 8.4 8.5 If any breach of this clause 8.1 8 is suspected or known, the party in breach Contractor must notify the Council immediately. 8.5 . If any Company the Contractor notifies the Council that it suspects or knows that there may be a breach of this clause 8.18, such company the Contractor 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 the Contractor, Sub-contractor or Director, officer, employee, adviser or representative of such Company Contractor Employees (in all cases whether or not acting with such Companythe Contractor's knowledge) breaches this clause 8.18. 8.7 Any notice of termination under clause 8.6 8.5 must specify: 8.7.1 the nature of the Prohibited Act; 8.7.2 the identity of the party whom the Council believes has committed the Prohibited Act; and 8.7.3 the date on which this Agreement shall will terminate. 8.8 Any Despite clause 34 (Dispute Resolution Procedure), any dispute relating to: 8.8.1 35.7.1.1 the interpretation of this clause 8; or 8.8.2 the amount or value of any gift, consideration or commission; shall be determined by the Council and its decision shall be final and conclusive. 8.9 Any termination under clause 8.6 shall be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Council.

PREVENTION OF BRIBERY. ‌ 8.1 The Company: 8.1.1 Contractor shall not, and shall procure that any Director, officer, employee, adviser or representative of any of them Sub-contractor and all Contractor Employees shall not, in connection with this Agreement commit a Prohibited Act;. 8.1.2 8.2 The Contractor 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 8.3 The Company shall: 8.2.1 Contractor shall 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 8.4 The Company Contractor shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any of its Directors, officers, employees, advisers sub-contractor or representatives of the company Contractor Employees from committing a Prohibited Act and shall enforce it where appropriate. 8.4 8.5 If any breach of this clause 8.1 8 is suspected or known, the party in breach Contractor must notify the Council immediately. 8.5 . If any Company the Contractor notifies the Council that it suspects or knows that there may be a breach of this clause 8.18, such company the Contractor 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 the Contractor, Sub-contractor or Director, officer, employee, adviser or representative of such Company Contractor Employees (in all cases whether or not acting with such Companythe Contractor's knowledge) breaches this clause 8.18. 8.7 Any notice of termination under clause 8.6 8.5 must specify: 8.7.1 the nature of the Prohibited Act; 8.7.2 the identity of the party whom the Council believes has committed the Prohibited Act; and 8.7.3 the date on which this Agreement shall will terminate. 8.8 Any Despite clause 34 (Dispute Resolution Procedure), any dispute relating to: 8.8.1 35.7.1.1 the interpretation of this clause 8; or 8.8.2 the amount or value of any gift, consideration or commission; shall be determined by the Council and its decision shall be final and conclusive. 8.9 Any termination under clause 8.6 shall be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Council.

PREVENTION OF BRIBERY. ‌46.1 The Nominee Company and the Council:- 8.1 The Company: 8.1.1 46.1.1 shall not, and shall procure that any Director, officer, employee, adviser or representative of any of them shall not, in connection with this Agreement not commit a Prohibited Act; 8.1.2 46.1.2 warrants, represents and undertakes that it is not aware of any improper financial or other advantage being given to any person working for or engaged by the Council, Nominee Company or that an agreement has been reached to that effect, the Council as the case may be in connection with the execution of this Agreement, excluding any arrangement of which full details have been disclosed in writing to the Nominee Company or the Council as the case may be before execution of this Agreement.; 8.2 The Company shall: 8.2.1 if requested, provide the Council 46.1.3 shall have and comply 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 2010Adequate Procedures; and 8.2.2 within 10 Business Days 46.1.4 shall provide evidence of the date of this Agreement, and annually thereafter, certify its Adequate Procedures to the Nominee Company or 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 case may reasonably be within 30 days of written request. 8.3 46.2 The Nominee Company and the Council shall have operate and maintain through the term of this Agreement an anti-bribery policy (which shall be disclosed disclosable to the CouncilNominee Company or the Council as the case may be within 7 days of written request) to prevent any of its Directors, officers, employees, advisers or representatives of the company employee from committing a Prohibited Act and shall enforce it where appropriate. 8.4 46.3 If any breach of clause 8.1 is Clause 46is suspected or knownknown by the Nominee Company or the Council, the party in breach that Party must notify the Nominee Company or the Council as the case may be immediately. 8.5 46.4 If any the Nominee Company or the Council notifies the Council other that it suspects or knows that there may be a breach of clause 8.1, such company Clause 46.1 the notifying Party must respond promptly to the Council's related enquiries, co-operate with any investigation, investigation of the Nominee Company or the Council as the case may be and allow the Nominee Company or the Council as the case may be to audit books, records and any other relevant documentationdocumentation on request. 8.6 46.5 The Nominee Company or the Council may may, without prejudice to any other rights and remedies available under this Agreement, terminate this Agreement or any other agreement with the Company concerned by written notice with immediate effect if any such to the Nominee Company or Directorthe Council as the case may be for breach of Clause 46.1 and recover from the Party in breach any loss suffered arising from such termination. In determining whether to exercise the right of termination under this Clause 46, officerthe Nominee Company or the Council as the case may be shall give all due consideration, employeewhere appropriate, adviser to action other than termination of this Agreement unless the Prohibited Act is committed by an individual or representative a member of such the Nominee Company (in all cases whether Group or Council Group not acting independently of the Party in breach. The expression "not acting independently of" (when used in this Clause) shall be construed as acting:- 46.5.1 with such Company's the authority; or 46.5.2 with the actual knowledge of any one or more of the directors of the Party in breach, or 46.5.3 in circumstances where one or more of the directors of the Party in breach ought reasonably to have had knowledge) breaches clause 8.1. 8.7 46.6 Any notice of termination under clause 8.6 Clause 46.5 must specify:specify:- 8.7.1 46.6.1 the nature of the Prohibited Act; 8.7.2 46.6.2 the identity of the party whom the Council believes has believed to have committed the Prohibited Act; and 8.7.3 the date on which this Agreement shall terminate. 8.8 Any dispute relating to: 8.8.1 the interpretation of this clause 8; or 8.8.2 the amount or value of any gift, consideration or commission; shall be determined by the Council and its decision shall be final and conclusive. 8.9 46.7 Any termination under clause 8.6 Clause 46.5 shall be without prejudice to any right or remedy which has already accrued or subsequently accrues to the CouncilParty terminating the Agreement. 46.8 Any termination under Clause 46.5 as a result of a breach of Clause 46.1 by the Council shall be a Council Default Event and the provisions of Clause 21 shall apply. 46.9 Any termination under Clause 46.5 as a result of a breach of Clause 46.1 by the Nominee Company shall be a Nominee Company Default Event and the provisions of Clause 21 shall apply. 46.10 For the avoidance of doubt, the Nominee Company and the Council shall be responsible for the acts and omissions of members of the Nominee Company Group and the Council Group (as applicable) and for the purpose of this Clause 46 any act, default or omission of any such group member shall be deemed to be an act, default or omission of the Nominee Company or the Council as applicable. 46.11 Delivery Vehicle will, and the Nominee Company and the Council will use all their powers in relation to Delivery Vehicle to ensure that Delivery Vehicle will:- 46.11.1 not do or omit to do any act or thing which would constitute a Prohibited Act; and 46.11.2 within 30 days of completion prepare and implement an anti-bribery policy to prevent any employee from committing a Prohibited Act and shall enforce it where appropriate and have in place Adequate Procedures; and 46.11.3 comply with the Adequate Procedures and the anti-bribery policy.

PREVENTION OF BRIBERY. ‌ 8.1 34.1 The CompanyProvider: 8.1.1 34.1.1 shall not, and shall procure that any Director, officer, employee, adviser or representative of any of them Employees shall not, in connection with this Agreement Agreement, commit a Prohibited Act; 8.1.2 34.1.2 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 34.2 The Company Provider 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 34.3 The Company Provider shall have an anti-bribery policy (which shall be disclosed to the Council) to prevent any of its Directors, officers, employees, advisers sub-contractor or representatives of the company Employees from committing a Prohibited Act and shall enforce it where appropriate. 8.4 34.4 If any breach of clause 8.1 34 is suspected or known, the party in breach Provider must notify the Council immediately. 8.5 . If any Company the Provider notifies the Council that it suspects or knows that there may be a breach of clause 8.134, such company the Provider 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 34.5 The Council may terminate this Agreement in accordance with clause 12.1.3 if the Provider 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 Employees (in all cases whether or not acting with such Companythe Provider's knowledge) breaches breach any obligations contained in this clause 8.134. 8.7 Any notice of termination under 34.6 Despite 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 believes has committed the Prohibited Act; and 8.7.3 the date on which this Agreement shall terminate. 8.8 Any 14 (Dispute Resolution), any dispute relating to: 8.8.1 34.6.1 the interpretation of this clause 834; or 8.8.2 34.6.2 the amount or value of any gift, consideration or commission; , shall be determined by the Council and its decision shall be final and conclusive. 8.9 34.7 Any termination under clause 8.6 shall 34.5 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Council.