Common use of PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇ Clause in Contracts

PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 35.1. The Provider represents and warrants that neither it, nor to the best of its knowledge any Provider personnel, have at any time prior to the Effective Date committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act. 35.2. The Provider shall not during the Term: 35.2.1. commit a Prohibited Act; and/or 35.2.2. do or suffer anything to be done which would cause CUSTOMER, its Affiliates or any of their employees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. 35.3. The Provider shall during the Term: 35.3.1. establish, maintain and enforce, and require that its sub-contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; 35.3.2. keep appropriate records of its compliance with its obligations under clause 35.3.1 and make such records available to CUSTOMER on request; and 35.3.3. take reasonable steps to prevent and detect fraud and dishonesty amongst Provider personnel and shall notify CUSTOMER if any Provider personnel commit any act or omission which: 35.3.3.1. may be fraudulent, dishonest or negligent which is not in compliance with the Provider Policies; or 35.3.4. may result in CUSTOMER failing to comply with any Laws. 35.4. The Provider shall immediately notify CUSTOMER in writing if it becomes aware of any breach of clause 35.1 and/or 35.2, or has reason to believe that it has or any of the Provider personnel have: 35.4.1. been subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or 35.4.2. received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Agreement has committed or attempted to commit a Prohibited Act. 35.5. If the Provider makes a notification to CUSTOMER under clause 35.4, the Provider shall respond promptly to CUSTOMER’ enquiries, co-operate with any investigation, and allow CUSTOMER to audit any books, records and/or any other relevant documentation in accordance with clause 18. 35.6. If the Provider is in breach of its obligations under clauses 35.1 and/or 35.2, CUSTOMER may by notice in writing to the Provider: 35.6.1. require the Provider to remove from performance of this Agreement any Provider personnel whose acts or omissions have caused such breach; or 35.6.2. immediately terminate this Agreement.

PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 35.1. The Provider represents and warrants that neither it, nor to the best of its knowledge any Provider personnel, have at any time prior to the Effective Date committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act. 35.2. The Provider shall not during the Term: 35.2.1. commit a Prohibited Act; and/or 35.2.2. do or suffer anything to be done which would cause CUSTOMER, its Affiliates or any of their employees, consultants, contractors, sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. 35.3. The Provider shall during the Term: 35.3.1. establish, maintain and enforce, and require that its sub-contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act; 35.3.2. keep appropriate records of its compliance with its obligations under clause 35.3.1 and make such records available to CUSTOMER on request; and 35.3.3. take reasonable steps to prevent and detect fraud and dishonesty amongst Provider personnel and shall notify CUSTOMER if any Provider personnel commit any act or omission which: 35.3.3.1. may be fraudulent, dishonest or negligent which is not in compliance with the Provider Policies; or 35.3.4. may result in CUSTOMER failing to comply with any Laws. 35.4. The Provider shall immediately notify CUSTOMER in writing if it becomes aware of any breach of clause 35.1 and/or 35.2, or has reason to believe that it has or any of the Provider personnel have: 35.4.1. been subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or 35.4.2. received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Agreement has committed or attempted to commit a Prohibited Act. 35.5. If the Provider makes a notification to CUSTOMER under clause 35.4, the Provider shall respond promptly to CUSTOMER’ enquiries, co-operate with any investigation, and allow CUSTOMER to audit any books, records and/or any other relevant documentation in accordance with clause 1816. 35.6. If the Provider is in breach of its obligations under clauses 35.1 and/or 35.2, CUSTOMER may by notice in writing to the Provider: 35.6.1. require the Provider to remove from performance of this Agreement any Provider personnel whose acts or omissions have caused such breach; or 35.6.2. immediately terminate this Agreement.