Common use of Gratuities and Kickbacks Clause in Contracts

Gratuities and Kickbacks. Seller is prohibited from offering any gratuities (in the form of entertainment, gifts or otherwise) or kickbacks to Buyer or its employees or agents, or governmental official or any political party, party official or candidate, either directly or indirectly through an intermediary, with a view toward securing favorable treatment under the Contract or for future business opportunities or for the purpose of influencing any official act, omission, or exercise of influence on the recipient, to assist Buyer or Seller in obtaining or retaining business. Seller shall ensure that the substance of this clause is flowed down to its own lower tier subcontracts. Seller’s material breach of this clause shall be considered a material breach of the Contract and of all other contracts between the parties.