Common use of PREVENTION OF BRIBERY Clause in Contracts

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 termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 2 contracts

Sources: Agreement for the Provision of Services, Agreement for the Provision of Services

PREVENTION OF BRIBERY. ‌ 36.1 33.1 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 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 UniversityCouncil, or that an agreement has been reached to that effect, in connection with the execution of this agreementAgreement, excluding any arrangement of which full details have been disclosed in writing to the University Council before execution of this agreementAgreement. 36.2 33.2 The Service Provider shall: (a) if requested, provide the University Council with any reasonable assistance, at the UniversityCouncil's reasonable cost, to enable the University 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; (b) within 40 14 Working Days of the Commencement Date, and annually thereafter, certify to the University Council in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 33 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementAgreement. The Service Provider shall provide such supporting evidence of compliance as the University Council may reasonably request. 36.3 33.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityCouncil) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 33.4 If any breach of clause 36.1 33.1 is suspected or known, the Service Provider must notify the University Council immediately. 36.5 33.5 If the Service Provider notifies the University Council that it suspects or knows that there may be a breach of clause 36.133.1, the Service Provider must respond promptly to the UniversityCouncil's enquiries, co-operate with any investigation, and allow the University Council to audit books, records and any other relevant documentation. This obligation shall continue for 7 years following the expiry or termination of this agreementAgreement. 36.6 33.6 The University Council may terminate this agreement 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.clause 133.1. In determining whether to exercise the right of termination under this clause 36.633.6, the University Council shall give all due consideration, where appropriate, to action other than termination of this agreement Agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Sub- Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the Universityauthority; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 33.7 Any notice of termination under clause 36.6 33.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Council believes has committed the Prohibited Act; and (c) the date on which this agreement Agreement will terminate. 36.8 Despite 33.8 Notwithstanding the provisions of clause 23 20 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3633; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Council and its decision shall be final and conclusive. 36.9 33.9 Any termination under clause 36.6 33.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityCouncil.

Appears in 2 contracts

Sources: Agreement for the Provision of Care Leaver and Young Homeless Supported Accommodation, Agreement for the Provision of Care Leaver and Young Homeless Supported Accommodation

PREVENTION OF BRIBERY. ‌ 36.1 28.1 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 UniversityAuthority, 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 Authority before execution of this agreement. 36.2 28.2 The Service Provider shall: (a) if requested, provide the University Authority with any reasonable assistance, at the UniversityAuthority's reasonable cost, to enable the University Authority 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 5 Working Days of the Commencement Date, and annually thereafter, certify to the University Authority in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 27 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 Authority may reasonably request. 36.3 28.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityAuthority) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 28.4 If any breach of clause 36.1 28.1 is suspected or known, the Service Provider must notify the University Authority immediately. 36.5 28.5 If the Service Provider notifies the University Authority that it suspects or knows that there may be a breach of clause 36.128.1, the Service Provider must respond promptly to the UniversityAuthority's enquiries, co-operate with any investigation, and allow the University Authority to audit books, records and any other relevant documentation. This obligation shall continue for 7 seven years following the expiry or termination of this agreement. 36.6 28.6 The University Authority 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 36.28.1 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 28.7 Any notice of termination under clause 36.6 28.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Authority believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 28.8 Despite clause 23 13 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3628; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Authority and its decision shall be final and conclusive. 36.9 28.9 Any termination under clause 36.6 28.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityAuthority.

Appears in 1 contract

Sources: Service Agreement

PREVENTION OF BRIBERY. ‌ 36.1 33.1 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 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 UniversityContracting Body, or that an agreement has been reached to that effect, in connection with the execution of this agreementAgreement, excluding any arrangement of which full details have been disclosed in writing to the University Contracting Body before execution of this agreementAgreement. 36.2 33.2 The Service Provider shall: (a) if requested, provide the University Contracting Body with any reasonable assistance, at the UniversityContracting Body's reasonable cost, to enable the University Contracting Body 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 14 Working Days of the Commencement Date, and annually thereafter, certify to the University Contracting Body in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 33 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementAgreement. The Service Provider shall provide such supporting evidence of compliance as the University Contracting Body may reasonably request. 36.3 33.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityContracting Body) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 33.4 If any breach of clause 36.1 33.1 is suspected or known, the Service Provider must notify the University Contracting Body immediately. 36.5 33.5 If the Service Provider notifies the University Contracting Body that it suspects or knows that there may be a breach of clause 36.133.1, the Service Provider must respond promptly to the UniversityContracting Body's enquiries, co-operate with any investigation, and allow the University Contracting Body to audit books, records and any other relevant documentation. This obligation shall continue for 7 years following the expiry or termination of this agreementAgreement. 36.6 33.6 The University Contracting Body may terminate this agreement 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 3633. 1. In determining whether to exercise the right of termination under this clause 36.633.6, the University Contracting Body shall give all due consideration, where appropriate, to action other than termination of this agreement Agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the UniversityContracting Body; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 33.7 Any notice of termination under clause 36.6 33.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Contracting Body believes has committed the Prohibited Act; and (c) the date on which this agreement Agreement will terminate. 36.8 Despite 33.8 Notwithstanding the provisions of clause 23 20 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3633; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Contracting Body and its decision shall be final and conclusive. 36.9 33.9 Any termination under clause 36.6 33.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityContracting Body.

Appears in 1 contract

Sources: Service Contract

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 termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting:acting:‌ (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: Agreement for the Provision of Services

PREVENTION OF BRIBERY. ‌ 36.1 15.1 The Service Provider: (a) 15.1.1 shall not, and shall procure that any Service Provider Party the Personnel and all Service Provider Personnel Sub-Contractor personnel shall not, in connection with this agreement PDPS and any Call-Off Contract made under it commit a Prohibited Act;; and (b) 15.1.2 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 UniversityCouncil, or that an agreement has been reached to that effect, in connection with the execution of this agreementPDPS, excluding any arrangement of which full details have been disclosed in writing to the University Council before execution of this agreementPDPS. 36.2 15.2 The Service Provider shall: (a) 15.2.1 if requested, provide the University Council with any reasonable assistance, at the UniversityCouncil's reasonable cost, to enable the University 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;▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇; and (b) 15.2.2 within 40 30 Working Days of the Commencement Date, and annually thereafter, certify to the University Council in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 15 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementPDPS. The Service Provider shall provide such supporting evidence of compliance as the University Council may reasonably request. 36.3 15.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityCouncil) to prevent any Service Provider Party Personnel or Service Provider Personnel Sub-Contractors from committing a Prohibited Act and shall enforce it where appropriate. 36.4 15.4 If any breach of clause 36.1 15 is suspected or known, the Service Provider must notify the University Council immediately. 36.5 15.5 If the Service Provider notifies the University Council that it suspects or knows that there may be a breach of clause 36.115, the Service Provider must respond promptly to the UniversityCouncil's enquiries, co-operate with any investigation, and allow the University Council to audit books, records and any other relevant documentationdocuments. This obligation shall continue for 7 6 years following the expiry or termination of this agreementPDPS. 36.6 15.6 The University Council may terminate this agreement PDPS by written notice with immediate effect if the Service Provider, Service Provider Party its Staff or Service Provider Personnel Sub-Contractors (in all cases whether or not acting with the Service Provider's knowledge) breaches clause 3615. 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 15.7 Any notice of termination under clause 36.6 15 must specify: (a) 15.7.1 the nature of the Prohibited Act; (b) 15.7.2 the identity of the party whom the University Council believes has committed the Prohibited Act; and (c) 15.7.3 the date on which this agreement PDPS will terminate. 36.8 15.8 Despite clause 23 (Dispute resolution)16, any dispute relating to: (a) 15.8.1 the interpretation of this clause 3615; or (b) 15.8.2 the amount or value of any gift, consideration or commission, shall be determined by the University Council and its decision shall be final and conclusive. 36.9 15.9 Any termination under this clause 36.6 15 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityCouncil.

Appears in 1 contract

Sources: Pseudo Dynamic Purchasing Agreement

PREVENTION OF BRIBERY. 36.1 26.1 The Service Provider: (a) shall not, and shall procure that any Service Provider Party and all Service Provider Provider’s Personnel shall not, in connection with this agreement 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 UniversityThe AHSN, or that an agreement has been reached to that effect, in connection with the execution of this agreementAgreement, excluding any arrangement of which full details have been disclosed in writing to the University The AHSN before execution of this agreementAgreement. 36.2 26.2 The Service Provider shall: (a) if requested, provide the University The AHSN with any reasonable assistance, at the UniversityThe AHSN 's reasonable cost, to enable the University The AHSN 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 15 Working Days of the Commencement Date, and annually thereafterprior written request, certify to the University The AHSN in writing (such certification to be signed by an officer of the The Service Provider) compliance with this clause 36 26 by the The Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementAgreement. The Service Provider shall provide such supporting evidence of compliance as the University The AHSN may reasonably request. 36.3 26.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityThe AHSN) to prevent any Service Provider Party or Service Provider Provider’s Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 26.4 If any breach of clause 36.1 26.1 is suspected or known, the The Service Provider must notify the University The AHSN immediately. 36.5 26.5 If the The Service Provider notifies the University The AHSN that it suspects or knows that there may be a breach of clause 36.126.1, the The Service Provider must respond promptly to the UniversityThe AHSN 's enquiries, co-operate with any investigation, and allow the University The AHSN 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 26.6 The University AHSN may terminate this agreement Agreement by written notice with immediate effect if the The Service Provider, Service Provider Party or Service Provider Provider’s Personnel (in all cases whether or not acting with the The Service Provider's knowledge) breaches clause 3626.1. 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 26.7 Any notice of termination under clause 36.6 26.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University The AHSN believes has committed the Prohibited Act; and (c) the date on which this agreement Agreement will terminate. 36.8 26.8 Despite clause 23 14 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3626; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University The AHSN and its decision shall be final and conclusive. 36.9 26.9 Any termination under clause 36.6 26.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityThe AHSN.

Appears in 1 contract

Sources: Service Agreement

PREVENTION OF BRIBERY. ‌ 36.1 15.1 The Service Provider: (a) 15.1.1 shall not, and shall procure that any Service Provider Party the Personnel and all Service Provider Personnel Sub-Contractor personnel shall not, in connection with this agreement PDPS and any Call-Off Contract made under it commit a Prohibited Act;; and (b) 15.1.2 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 UniversityCouncil, or that an agreement has been reached to that effect, in connection with the execution of this agreementPDPS, excluding any arrangement of which full details have been disclosed in writing to the University Council before execution of this agreementPDPS. 36.2 15.2 The Service Provider shall: (a) 15.2.1 if requested, provide the University Council with any reasonable assistance, at the UniversityCouncil's reasonable cost, to enable the University 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;Act 2010; and (b) 15.2.2 within 40 30 Working Days of the Commencement Date, and annually thereafter, certify to the University Council in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 15 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementPDPS. The Service Provider shall provide such supporting evidence of compliance as the University Council may reasonably request. 36.3 15.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityCouncil) to prevent any Service Provider Party Personnel or Service Provider Personnel Sub-Contractors from committing a Prohibited Act and shall enforce it where appropriate. 36.4 15.4 If any breach of clause 36.1 15 is suspected or known, the Service Provider must notify the University Council immediately. 36.5 15.5 If the Service Provider notifies the University Council that it suspects or knows that there may be a breach of clause 36.115, the Service Provider must respond promptly to the UniversityCouncil's enquiries, co-operate with any investigation, and allow the University Council to audit books, records and any other relevant documentationdocuments. This obligation shall continue for 7 6 years following the expiry or termination of this agreementPDPS. 36.6 15.6 The University Council may terminate this agreement PDPS by written notice with immediate effect if the Service Provider, Service Provider Party its Staff or Service Provider Personnel Sub-Contractors (in all cases whether or not acting with the Service Provider's knowledge) breaches clause 3615. 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 15.7 Any notice of termination under clause 36.6 15 must specify: (a) 15.7.1 the nature of the Prohibited Act; (b) 15.7.2 the identity of the party whom the University Council believes has committed the Prohibited Act; and (c) 15.7.3 the date on which this agreement PDPS will terminate. 36.8 15.8 Despite clause 23 (Dispute resolution)16, any dispute relating to: (a) 15.8.1 the interpretation of this clause 3615; or (b) 15.8.2 the amount or value of any gift, consideration or commission, shall be determined by the University Council and its decision shall be final and conclusive. 36.9 15.9 Any termination under this clause 36.6 15 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityCouncil.

Appears in 1 contract

Sources: Pseudo Dynamic Purchasing Agreement

PREVENTION OF BRIBERY. ‌ 36.1 28.1 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 UniversityAuthority, 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 Authority before execution of this agreement. 36.2 28.2 The Service Provider shall: (a) if requested, provide the University Authority with any reasonable assistance, at the UniversityAuthority's reasonable cost, to enable the University Authority 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 5 Working Days of the Commencement Date, and annually thereafter, certify to the University Authority in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 28 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 Authority may reasonably request. 36.3 28.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityAuthority) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 28.4 If any breach of clause 36.1 28.1 is suspected or known, the Service Provider must notify the University Authority immediately. 36.5 28.5 If the Service Provider notifies the University Authority that it suspects or knows that there may be a breach of clause 36.128.1, the Service Provider must respond promptly to the UniversityAuthority's enquiries, co-operate with any investigation, and allow the University Authority to audit books, records and any other relevant documentation. This obligation shall continue for 7 seven years following the expiry or termination of this agreement. 36.6 28.6 The University Authority 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 36.28.1 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 28.7 Any notice of termination under clause 36.6 28.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Authority believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 28.8 Despite clause 23 14 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3628; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive., 36.9 28.9 Any termination under clause 36.6 28.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityAuthority.

Appears in 1 contract

Sources: Service Agreement

PREVENTION OF BRIBERY. 36.1 33.1 The Service ProviderSupplier: (a) shall not, and shall procure that any Service Provider Supplier Party and all Service Provider Supplier 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 33.2 The Service Provider Supplier 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 ProviderSupplier) compliance with this clause 36 33 by the Service Provider Supplier and all persons associated with it or other persons who are supplying goods Supplies or services Supplies in connection with this agreement. The Service Provider Supplier shall provide such supporting evidence of compliance as the University may reasonably request. 36.3 33.3 The Service Provider Supplier shall have an anti-bribery policy (which shall be disclosed to the University) to prevent any Service Provider Supplier Party or Service Provider Supplier Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 33.4 If any breach of clause 36.1 33.1 is suspected or known, the Service Provider Supplier must notify the University immediately. 36.5 33.5 If the Service Provider Supplier notifies the University that it suspects or knows that there may be a breach of clause 36.133.1, the Service Provider Supplier 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 33.6 The University may terminate this agreement by written notice with immediate effect if the Service ProviderSupplier, Service Provider Supplier Party or Service Provider Supplier Personnel (in all cases whether or not acting with the Service ProviderSupplier's knowledge) breaches clause 3633. 1. In determining whether to exercise the right of termination under this clause 36.633.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider Supplier or a senior officer of the Service Provider Supplier or by an employee, Sub-Contractor Supplier or supplier not acting independently of the Service ProviderSupplier. The expression "not acting independently of" (when used in relation to the Service Provider Supplier or a Sub-ContractorSupplier) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider Supplier or the Sub-Contractor Supplier (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider Supplier ought reasonably to have had knowledge. 36.7 33.7 Any notice of termination under clause 36.6 33.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 33.8 Despite clause 23 19 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3633; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive. 36.9 33.9 Any termination under clause 36.6 33.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: Agreement for the Provision of Supplies

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 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 UniversityContracting Body, or that an agreement has been reached to that effect, in connection with the execution of this agreementAgreement, excluding any arrangement of which full details have been disclosed in writing to the University Contracting Body before execution of this agreement. 36.2 Agreement. The Service Provider shall: (a) : if requested, provide the University Contracting Body with any reasonable assistance, at the UniversityContracting Body's reasonable cost, to enable the University Contracting Body 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 14 Working Days of the Commencement Date, and annually thereafter, certify to the University Contracting Body 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 agreementAgreement. The Service Provider shall provide such supporting evidence of compliance as the University Contracting Body may reasonably request. 36.3 . The Service Provider shall have an anti-bribery policy (which shall be disclosed made available upon request to the UniversityContracting Body) 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 Contracting Body immediately. 36.5 . If the Service Provider notifies the University Contracting Body that it suspects or knows that there may be a breach of clause 36.1, the Service Provider must respond promptly to the UniversityContracting Body's enquiries, co-operate with any investigation, and allow the University Contracting Body to audit books, records and any other relevant documentation. This obligation shall continue for 7 years following the expiry or termination of this agreementAgreement. 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 termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: Flexible Services Agreement

PREVENTION OF BRIBERY. ‌ 36.1 21.1 The Service ProviderContractor: (a) shall not, and shall procure that any Service Provider Party the Staff and all Service Provider Personnel Sub-Contractor personnel shall not, in connection with this agreement Contract commit a Prohibited Act;; and (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 UniversityCustomer, or that an agreement has been reached to that effect, in connection with the execution of this agreementContract, excluding any arrangement of which full details have been disclosed in writing to the University Customer before execution of this agreementContract. 36.2 21.2 The Service Provider Contractor shall: (a) if requested, provide the University Customer with any reasonable assistance, at the UniversityCustomer's reasonable cost, to enable the University 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;Act 2010; and (b) within 40 30 Working Days of the Commencement Date, and annually thereafter, certify to the University Customer in writing (such certification to be signed by an officer of the Service ProviderContractor) compliance with this clause 36 21 by the Service Provider Contractor and all persons associated with it or other persons who are supplying goods or services in connection with this agreementContract. The Service Provider Contractor shall provide such supporting evidence of compliance as the University Customer may reasonably request. 36.3 21.3 The Service Provider Contractor shall have an anti-bribery policy (which shall be disclosed to the UniversityCustomer) to prevent any Service Provider Party Staff or Service Provider Personnel Sub-Contractors from committing a Prohibited Act and shall enforce it where appropriate. 36.4 21.4 If any breach of clause 36.1 21.1 is suspected or known, the Service Provider Contractor must notify the University Customer immediately. 36.5 21.5 If the Service Provider Contractor notifies the University Customer that it suspects or knows that there may be a breach of clause 36.121.1, the Service Provider Contractor must respond promptly to the UniversityCustomer's enquiries, co-operate with any investigation, and allow the University Customer to audit books, records and any other relevant documentationdocuments. This obligation shall continue for 7 6 years following the expiry or termination of this agreementContract. 36.6 21.6 The University Customer may terminate this agreement Contract by written notice with immediate effect if the Service ProviderContractor, Service Provider Party its Staff or Service Provider Personnel Sub-Contractors (in all cases whether or not acting with the Service ProviderContractor's knowledge) breaches clause 3621. 1. In determining whether to exercise the right of termination under this clause 36.621.6, the University Customer shall give all due consideration, where appropriate, to action other than termination of this agreement Contract unless the Prohibited Act is committed by the Service Provider Contractor or a senior officer of the Service Provider Contractor or by an employee, Sub-Sub- Contractor or supplier Contractor not acting independently of the Service ProviderContractor. The expression "not acting independently of" (when used in relation to the Service Provider Contractor or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) authority or with the actual knowledge; knowledge of any one or more of the directors of the Service Provider Contractor or the Sub-Contractor contractor (as the case may be); or (cb) in circumstances where any one or more of the directors of the Service Provider Contractor ought reasonably to have had such knowledge.] 36.7 21.7 Any notice of termination under clause 36.6 21.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Customer believes has committed the Prohibited Act; and (c) the date on which this agreement Contract will terminate. 36.8 21.8 Despite clause 23 (Dispute resolution)48, any dispute relating to: (a) the interpretation of clause 3621; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Customer and its decision shall be final and conclusive. 36.9 21.9 Any termination under clause 36.6 21 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityCustomer.

Appears in 1 contract

Sources: Framework Agreement

PREVENTION OF BRIBERY. 36.1 The Service Provider19.1 CRT: (a) 19.1.1 shall not, and shall procure that any Service Provider Party its Trustees and all Service Provider Personnel staff shall not, in connection with this agreement Grant Agreement, commit a Prohibited Act; (b) warrants, represents and undertakes 19.1.2 shall include in its procurement processes the requirement 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, associated with it in connection with this Grant Agreement or any agents, consultants or sub-contractors providing goods or services to it in connection with this Grant Agreement, do so on terms that require them not to commit a Prohibited Act; 19.1.3 shall not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the execution Bribery Act 2010 if such activity, practice or conduct has been carried out in the UK; 19.1.4 shall have and shall maintain in place throughout the term of this agreementGrant Agreement its own policies and procedures, excluding including adequate procedures under the Bribery Act 2010, to ensure compliance with Clauses 19.1.1 to 19.1.3; 19.1.5 shall promptly report to Defra any arrangement report it makes to the police, the Director of which full details have been disclosed Public Prosecutions, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions with respect to any potential or actual offence under the Bribery Act 2010; 19.1.6 shall respond promptly and in writing to any query from Defra as to whether a foreign public official has become an officer or employee of CRT or has acquired a direct or indirect interest in CRT, and CRT warrants that it has no foreign public officials as officers, employees or direct or indirect owners as at the University before execution date of this agreement.Grant Agreement; 36.2 The Service Provider 19.1.7 shall: (a) , if requested, provide the University Defra with any reasonable assistance, at the University's Defra’s reasonable cost, to enable the University Defra to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act;Act 2010; and (b) 19.1.8 within 40 Working Days one month of the Commencement Date, and annually thereafter, certify to the University Defra in writing (such certification to be signed by an officer the Chief Executive of the Service ProviderCRT) compliance with this clause 36 Clause 19 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementCRT. The Service Provider CRT shall provide such supporting evidence of compliance as the University Defra may reasonably request. 36.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to 19.2 For 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 purpose of clause 36.1 is suspected or knownthis Clause 19, 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 meaning of adequate procedures, foreign public official and whether a breach of clause 36.1, the Service Provider must respond promptly to the University's enquiries, co-operate person is associated 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 termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, another person shall be determined by in accordance with section 7(2) of the University Bribery Act 2010 (and its decision shall be final any guidance issued under section 9 of that Act), sections 6(5) and conclusive6(6) of that Act and section 8 of that Act respectively. For the purpose of this Clause 19, a person associated with CRT includes any agent, delegate or subcontractor of the Agent. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: Grant Agreement

PREVENTION OF BRIBERY. ‌ 36.1 24.1 The Service ProviderLLP: (a) shall not, and shall procure that any Service Provider Party and all Service Provider Personnel Board Member, officer, employee, adviser or representative of the LLP 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 UniversityCouncil, 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 Council before execution of this agreement. 36.2 24.2 The Service Provider LLP shall: (a) if requested, provide the University Council with any reasonable assistance, at the UniversityCouncil's reasonable cost, to enable the University 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; (b) within 40 Working five (5) Business Days of the Commencement Datedate of this agreement, and annually thereafter, certify to the University Council in writing (such certification to be signed by an officer of the Service ProviderLLP) compliance with this clause 36 24 by the Service Provider LLP and all persons associated with it or other persons who are supplying goods or services in connection with this agreement. The Service Provider LLP shall provide such supporting evidence of compliance as the University Council may reasonably request. 36.3 24.3 The Service Provider LLP shall have an anti-bribery policy (which shall be disclosed to the UniversityCouncil) to prevent any Service Provider Party Board Member, officer, employee, adviser or Service Provider Personnel representative of the LLP from committing a Prohibited Act and shall enforce it where appropriate. 36.4 24.4 If any breach of clause 36.1 24.1 is suspected or known, the Service Provider LLP must notify the University Council immediately. 36.5 24.5 If the Service Provider LLP notifies the University Council that it suspects or knows that there may be a breach of clause 36.124.1, the Service Provider LLP must respond promptly to the UniversityCouncil's enquiries, co-operate with any investigation, and allow the University Council 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 24.6 The University Council may terminate this agreement by written notice with immediate effect if the Service ProviderLLP, Service Provider Party Director, officer, employee, adviser or Service Provider Personnel representative of the LLP (in all cases whether or not acting with the Service ProviderLLP's knowledge) breaches clause 3624.1. 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 24.7 Any notice of termination under clause 36.6 24.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Council believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any 24.8 Any dispute relating to: (a) the interpretation of clause 3624; or (b) the amount or value of any gift, consideration or commission, ; shall be determined by the University Council and its decision shall be final and conclusive. 36.9 24.9 Any termination under clause 36.6 24.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityCouncil.

Appears in 1 contract

Sources: Members' Agreement

PREVENTION OF BRIBERY. ‌ 36.1 33.1 The Service Provider: (a) shall not, and shall procure that any Service Provider Party and all Service Provider Provider's 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 UniversityAuthority, 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 Authority before execution of this agreement. 36.2 33.2 The Service Provider shall: (a) if requested, provide the University Authority with any reasonable assistance, at reasonable cost of the University's reasonable costAuthority, to enable the University Authority 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 twenty working day(s) of the Commencement Date, and annually thereafter, certify to the University Authority in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 33 by the Service Provider and all persons associated with it or other persons who are supplying goods CCTV Equipment or services in connection with this agreement. The Service Provider shall provide such supporting evidence of compliance as the University Authority may reasonably request. 36.3 33.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityAuthority) to prevent any Service Provider Party or Service Provider Provider's Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 33.4 If any breach of clause 36.1 33.1 is suspected or known, the Service Provider must notify the University Authority immediately. 36.5 33.5 If the Service Provider notifies the University Authority that it suspects or knows that there may be a breach of clause 36.133.1, the Service Provider must respond promptly to the University's enquiriesenquiries of the Authority, co-operate with any investigation, and allow the University Authority to audit books, records and any other relevant documentation. This obligation shall continue for 7 years twelve year(s) following the expiry or termination of this agreement. 36.6 33.6 The University Authority may terminate this agreement by written notice with immediate effect if the Service Provider, Service Provider Party or Service Provider Provider's 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 termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently knowledge of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledgebreaches clause 33. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: CCTV Supply and Service Agreement

PREVENTION OF BRIBERY. ‌ 36.1 23.1 The Service Provider: (a) 23.1.1 shall not, and shall procure that any Service Provider Party and all Service Provider Personnel shall not, in connection with this agreement Agreement commit a Prohibited Act; (b) 23.1.2 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 UniversityCommissioner, or that an agreement has been reached to that effect, in connection with the execution of this agreementAgreement, excluding any arrangement of which full details have been disclosed in writing to the University Commissioner before execution of this agreementAgreement. 36.2 23.2 The Service Provider shall: (a) 23.2.1 if requested, provide the University Commissioner with any reasonable assistance, at the UniversityCommissioner's reasonable cost, to enable the University Commissioner 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) 23.2.2 within 40 Working 5 Business Days of the Commencement Date, and annually thereafter, certify to the University Commissioner in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 23 by the Service Provider and all persons associated with it or other persons who are supplying goods supplies or services in connection with this agreementAgreement. The Service Provider shall provide such supporting evidence of compliance as the University Commissioner may reasonably request. 36.3 23.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityCommissioner) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 23.4 If any breach of this clause 36.1 23 is suspected or known, the Service Provider must notify the University Commissioner immediately. 36.5 23.5 If the Service Provider notifies the University Commissioner that it suspects or knows that there may be a breach of this clause 36.123, the Service Provider must respond promptly to the UniversityCommissioner's enquiries, co-operate with any investigation, and allow the University Commissioner to audit books, records and any other relevant documentation. This obligation shall continue for 7 5 years following the expiry or termination of this agreementAgreement. 36.6 23.6 The University Commissioner may terminate this agreement 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 this clause 36. 123. In determining whether to exercise the right of termination under this clause 36.623, the University Commissioner shall give all due consideration, where appropriate, to action actions other than termination of this agreement Agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Subsub-Contractor contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Subsub-Contractorcontractor) means and shall be construed as acting: (a) 23.6.1 with the University; or, (b) authority, or with the actual knowledge; knowledge of any one or more of the directors of the Service Provider or the Subsub-Contractor contractor (as the case may be); or (c) 23.6.2 in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 23.7 Any notice of Agreement termination under this clause 36.6 23 must specify: (a) 23.7.1 the nature of the Prohibited Act; (b) 23.7.2 the identity of the party whom the University Commissioner believes has committed the Prohibited Act; and; (c) 23.7.3 the date on which this agreement Agreement will terminate. 36.8 23.8 Despite clause 23 37 (Dispute resolution), any dispute relating toto : (a) 23.8.1 the interpretation of this clause 3623; or (b) 23.8.2 the amount or value of any gift, consideration or commission, shall be determined by the University Commissioner and its decision shall be final and conclusive. 36.9 23.9 Any Agreement termination under this clause 36.6 23 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityCommissioner.

Appears in 1 contract

Sources: Agreement for the Provision of Supervised Administration

PREVENTION OF BRIBERY. ‌ 36.1 33.1 The Service Provider: (a) shall not, and shall procure that any Service Provider Party and all Service Provider Provider's 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 UniversityAuthority, 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 Authority before execution of this agreement. 36.2 33.2 The Service Provider shall: (a) if requested, provide the University Authority with any reasonable assistance, at reasonable cost of the University's reasonable costAuthority, to enable the University Authority 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 twenty working day(s) of the Commencement Date, and annually thereafter, certify to the University Authority in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 33 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 Authority may reasonably request. 36.3 33.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityAuthority) to prevent any Service Provider Party or Service Provider Provider's Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 33.4 If any breach of clause 36.1 33.1 is suspected or known, the Service Provider must notify the University Authority immediately. 36.5 33.5 If the Service Provider notifies the University Authority that it suspects or knows that there may be a breach of clause 36.133.1, the Service Provider must respond promptly to the University's enquiriesenquiries of the Authority, co-operate with any investigation, and allow the University Authority to audit books, records and any other relevant documentation. This obligation shall continue for 7 years twelve year(s) following the expiry or termination of this agreement. 36.6 33.6 The University Authority may terminate this agreement by written notice with immediate effect if the Service Provider, Service Provider Party or Service Provider Provider's Personnel (in all cases whether or not acting with the knowledge of the Service Provider's knowledge) breaches clause 36. 133.1. In determining whether to exercise the right of termination under this clause 36.633.6, the University Authority shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the Universityauthority; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Sub- Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 33.7 Any notice of termination under clause 36.6 33.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Authority believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 33.8 Despite clause 23 (Dispute resolution)20, any dispute relating to: (a) the interpretation of clause 3633; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Authority and its decision shall be final and conclusive. 36.9 33.9 Any termination under clause 36.6 33.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityAuthority.

Appears in 1 contract

Sources: CCTV Service Agreement

PREVENTION OF BRIBERY. ‌ 36.1 30.1 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 UniversityAuthority, 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 Authority before execution of this agreement. 36.2 30.2 The Service Provider shall: (a) if requested, provide the University Authority with any reasonable assistance, at the UniversityAuthority's reasonable cost, to enable the University Authority 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 [5] Working Days of the Commencement Date, and annually thereafter, certify to the University Authority in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 30 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 Authority may reasonably request. 36.3 30.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityAuthority) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 30.4 If any breach of clause 36.1 30.1 is suspected or known, the Service Provider must notify the University Authority immediately. 36.5 30.5 If the Service Provider notifies the University Authority that it suspects or knows that there may be a breach of clause 36.130.1, the Service Provider must respond promptly to the UniversityAuthority's enquiries, co-operate with any investigation, and allow the University Authority to audit books, records and any other relevant documentation. This obligation shall continue for 7 seven years following the expiry or termination of this agreement. 36.6 30.6 The University Authority 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 36.30.1 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 30.7 Any notice of termination under clause 36.6 30.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Authority believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 30.8 Despite clause 23 15 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3630; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Authority and its decision shall be final and conclusive. 36.9 30.9 Any termination under clause 36.6 30.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityAuthority.

Appears in 1 contract

Sources: Service Agreement

PREVENTION OF BRIBERY. ‌ 36.1 The Service Provider19.1 CRT: (a) 19.1.1 shall not, and shall procure that any Service Provider Party its Trustees and all Service Provider Personnel staff shall not, in connection with this agreement Grant Agreement, commit a Prohibited Act; (b) warrants, represents and undertakes 19.1.2 shall include in its procurement processes the requirement 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, associated with it in connection with this Grant Agreement or any agents, consultants or sub-contractors providing goods or services to it in connection with this Grant Agreement, do so on terms that require them not to commit a Prohibited Act; 19.1.3 shall not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the execution Bribery Act 2010 if such activity, practice or conduct has been carried out in the UK; 19.1.4 shall have and shall maintain in place throughout the term of this agreementGrant Agreement its own policies and procedures, excluding including adequate procedures under the Bribery Act 2010, to ensure compliance with Clauses 19.1.1 to 19.1.3; 19.1.5 shall promptly report to Defra any arrangement report it makes to the police, the Director of which full details have been disclosed Public Prosecutions, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions with respect to any potential or actual offence under the Bribery Act 2010; 19.1.6 shall respond promptly and in writing to any query from Defra as to whether a foreign public official has become an officer or employee of CRT or has acquired a direct or indirect interest in CRT, and CRT warrants that it has no foreign public officials as officers, employees or direct or indirect owners as at the University before execution date of this agreement.Grant Agreement; 36.2 The Service Provider 19.1.7 shall: (a) , if requested, provide the University Defra with any reasonable assistance, at the University's Defra’s reasonable cost, to enable the University Defra to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with the Bribery Act;Act 2010; and (b) 19.1.8 within 40 Working Days one month of the Commencement Date, and annually thereafter, certify to the University Defra in writing (such certification to be signed by an officer the Chief Executive of the Service ProviderCRT) compliance with this clause 36 Clause 19 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementCRT. The Service Provider CRT shall provide such supporting evidence of compliance as the University Defra may reasonably request. 36.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to 19.2 For 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 purpose of clause 36.1 is suspected or knownthis Clause 19, 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 meaning of adequate procedures, foreign public official and whether a breach of clause 36.1, the Service Provider must respond promptly to the University's enquiries, co-operate person is associated 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 termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, another person shall be determined by in accordance with section 7(2) of the University Bribery Act 2010 (and its decision shall be final any guidance issued under section 9 of that Act), sections 6(5) and conclusive6(6) of that Act and section 8 of that Act respectively. For the purpose of this Clause 19, a person associated with CRT includes any agent, delegate or subcontractor of the Agent. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: Grant Agreement

PREVENTION OF BRIBERY. 14 If you do not wish to give the Service Provider a second chance at remedying the breach then this clause should be marked “Not Used” 36.1 11(a) The Service Provider: (a) (i) shall not, and shall procure that any Service Provider Party and all Service Provider Personnel Staff shall not, in connection with this agreement Contract commit a Prohibited Act; (ba) (ii) 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 UniversityCouncil, or that an agreement has been reached to that effect, in connection with the execution of this agreementContract, excluding any arrangement of which full details have been disclosed in writing Writing to the University Council before execution of this agreementContract. 36.2 11(b) The Service Provider shall: (a: 11(b)(i) if requested, provide the University Council with any reasonable assistance, at the UniversityCouncil's reasonable cost, to enable the University 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; (b; 11(b)(ii) the Service Provider shall, within 40 10 Working Days of a request from the Commencement Date, and annually thereafterCouncil, certify to the University Council in writing Writing (such certification to be signed by an officer of the Service Provider) the Service Provider’s compliance with this clause 36 by the Service Provider 11 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 with this clause 11 by the Service Provider as the University Council may reasonably request. 36.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the Universityc) 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 11 is suspected or known, the Service Provider must notify the University Council immediately. 36.5 11(d) If the Service Provider notifies the University Council that it suspects or knows that there may be a breach of clause 36.111(a), the Service Provider must respond promptly to the UniversityCouncil's enquiries, co-operate with any investigation, and allow the University Council to audit books, records and any other relevant documentation. This obligation shall continue for 7 two years following the expiry or termination of this agreementContract. 36.6 11(e) The University Council may terminate this agreement Contract by written notice with immediate effect effect, and recover from the Service Provider the amount of any loss directly resulting from the cancellation, if the Service Provider, Service Provider Party or Service Provider Personnel Staff (in all cases whether or not acting with the Service Provider's ’s knowledge) breaches clause 36. 111(a). In At the Council’s absolute discretion, in determining whether to exercise the right of termination under this clause 36.611(e), the University Council shall give all due consideration, where appropriate, to action other than termination of this agreement Contract unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by Staff, an employee, Sub-Contractor contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractorcontractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 Any notice of termination under clause 36.6 must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University believes has committed the Prohibited Act; and (c) the date on which this agreement will terminate. 36.8 Despite clause 23 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 36; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University and its decision shall be final and conclusive. 36.9 Any termination under clause 36.6 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the University.

Appears in 1 contract

Sources: Contract for the Provision of Overnight Foster Care Short Breaks

PREVENTION OF BRIBERY. ‌ 36.1 37.1 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 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 UniversityAuthority, or that an agreement has been reached to that effect, in connection with the execution of this agreementAgreement, excluding any arrangement of which full details have been disclosed in writing to the University Authority before execution of this agreementAgreement. 36.2 37.2 The Service Provider shall: (a) if requested, provide the University Authority with any reasonable assistance, at the UniversityAuthority's reasonable cost, to enable the University Authority 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 10 Working Days of the Commencement Date, and annually thereafter, certify to the University Authority in writing (such certification to be signed by an officer of the Service Provider) compliance with this clause 36 37 by the Service Provider and all persons associated with it or other persons who are supplying goods or services in connection with this agreementAgreement. The Service Provider shall provide such supporting evidence of compliance as the University Authority may reasonably request. 36.3 37.3 The Service Provider shall have an anti-bribery policy (which shall be disclosed to the UniversityAuthority) to prevent any Service Provider Party or Service Provider Personnel from committing a Prohibited Act and shall enforce it where appropriate. 36.4 37.4 If any breach of clause 36.1 37.1 is suspected or known, the Service Provider must notify the University Authority immediately. 36.5 37.5 If the Service Provider notifies the University Authority that it suspects or knows that there may be a breach of clause 36.137.1, the Service Provider must respond promptly to the UniversityAuthority's enquiries, co-operate with any investigation, and allow the University Authority to audit books, records and any other relevant documentation. This obligation shall continue for 7 six years following the expiry or termination of this agreementAgreement. 36.6 (a) The University Authority may terminate this agreement 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 36.37.1 1. In determining whether to exercise the right of termination under this clause 36.6, the University shall give all due consideration, where appropriate, to action other than termination of this agreement unless the Prohibited Act is committed by the Service Provider or a senior officer of the Service Provider or by an employee, Sub-Contractor or supplier not acting independently of the Service Provider. The expression "not acting independently of" (when used in relation to the Service Provider or a Sub-Contractor) means and shall be construed as acting: (a) with the University; or, (b) with the actual knowledge; of any one or more of the directors of the Service Provider or the Sub-Contractor (as the case may be); or (c) in circumstances where any one or more of the directors of the Service Provider ought reasonably to have had knowledge. 36.7 37.6 Any notice of termination under clause 36.6 37.5(a) must specify: (a) the nature of the Prohibited Act; (b) the identity of the party whom the University Authority believes has committed the Prohibited Act; and (c) the date on which this agreement Agreement will terminate. 36.8 37.7 Despite clause 23 25 (Dispute resolution), any dispute relating to: (a) the interpretation of clause 3637; or (b) the amount or value of any gift, consideration or commission, shall be determined by the University Authority and its decision shall be final and conclusive. 36.9 37.8 Any termination under clause 36.6 37.5(a) will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the UniversityAuthority.

Appears in 1 contract

Sources: Service Agreement