Common use of Prevention of Fraud and Corruption Clause in Contracts

Prevention of Fraud and Corruption. The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent Prohibited Acts by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 32.1 or commits a Prohibited Act in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. DISPUTE RESOLUTION The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 33.3. A Dispute referred for determination under clause 33.2 shall be resolved as follows:

Appears in 2 contracts

Samples: covenantfund.org.uk, covenantfund.org.uk

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Prevention of Fraud and Corruption. The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent Prohibited Acts by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 32.1 22.1 or commits a Prohibited Act in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. DISPUTE RESOLUTION The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 33.323.3. A Dispute referred for determination under clause 33.2 23.2 shall be resolved as follows:: by referral in the first instance to the decision of the Parties’ respective contract managers; and if a Dispute is not resolved within 14 days of its referral pursuant to clause 23.3(a), such Dispute shall be referred to [TBC] for the Trust and [TBC] for the Contractor; and if a Dispute is not resolved within 21 days of its referral pursuant to clause 23.3(b) such Dispute shall be referred to the Chair for the Trust and [TBC] for the Contractor. If the dispute cannot be resolved by the Parties within one month of being escalated as referred to in clause (b), the dispute may by agreement between the Parties be referred to a neutral adviser or mediator (the “Mediator”) chosen by agreement between the Parties. All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings. If the Parties fail to appoint a Mediator within one month, or fail to enter into a written agreement resolving the dispute within one month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law. Neither Party shall be prevented from, or delayed in, seeking orders for specific performance or interlocutory or final injunctive relief on an ex parte basis or otherwise as a result of the terms of this clause 23, such clause not applying in respect of any circumstances where such remedies are sought.

Appears in 1 contract

Samples: covenantfund.org.uk

Prevention of Fraud and Corruption. The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practicegood industry practice, to prevent Prohibited Acts fraud by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act fraud has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 32.1 31.1 or commits a Prohibited Act fraud in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. DISPUTE RESOLUTION The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 33.332.3. A Dispute referred for determination under clause 33.2 32.2 shall be resolved as follows:

Appears in 1 contract

Samples: www.covenantfund.org.uk

Prevention of Fraud and Corruption. The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practicegood industry practice, to prevent Prohibited Acts fraud by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act fraud has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 32.1 22.1 or commits a Prohibited Act fraud in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. DISPUTE RESOLUTION The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 33.323.3. A Dispute referred for determination under clause 33.2 23.2 shall be resolved as follows:

Appears in 1 contract

Samples: covenantfund.org.uk

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Prevention of Fraud and Corruption. The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent Prohibited Acts by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 32.1 22.1 or commits a Prohibited Act in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. DISPUTE RESOLUTION The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 33.323.3. A Dispute referred for determination under clause 33.2 23.2 shall be resolved as follows:: by referral in the first instance to the decision of the Parties’ respective contract managers; and if a Dispute is not resolved within 14 days of its referral pursuant to clause 23.3(a), such Dispute shall be referred to [TBC] for the Trust and [TBC] for the Contractor; and if a Dispute is not resolved within 21 days of its referral pursuant to clause 23.3(b) such Dispute shall be referred to the Chair for the Trust and [TBC] for the Contractor. If the dispute cannot be resolved by the Parties within one month of being escalated as referred to in clause 23.3(b), the dispute may by agreement between the Parties be referred to a neutral adviser or mediator (the “Mediator”) chosen by agreement between the Parties. All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings. If the Parties fail to appoint a Mediator within one month or fail to enter into a written agreement resolving the dispute within one month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law. Neither Party shall be prevented from, or delayed in, seeking orders for specific performance or interlocutory or final injunctive relief on an ex parte basis or otherwise as a result of the terms of this clause 23, such clause not applying in respect of any circumstances where such remedies are sought.

Appears in 1 contract

Samples: covenantfund.org.uk

Prevention of Fraud and Corruption. The Contractor shall not offer, give, or agree to give anything, to any person an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of the Agreement or for showing or refraining from showing favour or disfavour to any person in relation to the Agreement. The Contractor shall take all reasonable steps, in accordance with Good Industry Practice, to prevent Prohibited Acts by the Staff and the Contractor (including its shareholders, members and directors) in connection with the Agreement and shall notify the Trust immediately if it has reason to suspect that any Prohibited Act has occurred or is occurring or is likely to occur. If the Contractor or the Staff engages in conduct prohibited by clause 32.1 22.1 or commits a Prohibited Act in relation to the Agreement or any other contract with the Crown (including the Trust) the Trust may: terminate the Agreement and recover from the Contractor the amount of any loss suffered by the Trust resulting from the termination, including the cost reasonably incurred by the Trust of making other arrangements for the supply of the Services and any additional expenditure incurred by the Trust throughout the remainder of the Agreement; or recover in full from the Contractor any other loss sustained by the Trust in consequence of any breach of this clause. DISPUTE RESOLUTION The Parties agree to co-operate with each other in an amicable manner with a view to achieving the successful implementation of this Agreement. If a Dispute arises between the Trust and the Contractor during the Term in relation to any matter which cannot be resolved by local operational management either Party may refer the matter for determination in accordance with the procedure set out in clause 33.323.3. A Dispute referred for determination under clause 33.2 23.2 shall be resolved as follows:: by referral in the first instance to the decision of the Parties’ respective contract managers; and if a Dispute is not resolved within 14 days of its referral pursuant to clause 23.3(a), such Dispute shall be referred to [TBC] for the Trust and [TBC] for the Contractor; and if a Dispute is not resolved within 21 days of its referral pursuant to clause 23.3(b) such Dispute shall be referred to the Chair for the Trust and [TBC] for the Contractor. If the dispute cannot be resolved by the Parties within one month of being escalated as referred to in clause 23.3(b), the dispute may by agreement between the Parties be referred to a neutral adviser or mediator (the “Mediator”) chosen by agreement between the Parties. All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings. If the Parties fail to appoint a Mediator within one month, or fail to enter into a written agreement resolving the dispute within one month of the Mediator being appointed, either Party may exercise any remedy it has under applicable law. Neither Party shall be prevented from, or delayed in, seeking orders for specific performance or interlocutory or final injunctive relief on an ex parte basis or otherwise as a result of the terms of this clause 23, such clause not applying in respect of any circumstances where such remedies are sought.

Appears in 1 contract

Samples: covenantfund.org.uk

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