Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date: 10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or 10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. 10.2 The Contractor shall not: 10.2.1 commit a Prohibited Act; or 10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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. 10.3 The Contractor shall: 10.3.1 and procure that its Sub-Contractors shall, 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; and 10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE on request. 10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have: 10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act; 10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or 10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act. 10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records and any other relevant documentation. 10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE may by notice: 10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts or omissions have caused the Default; or 10.6.2 immediately terminate the Contract. 10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 6 contracts
Sources: Contract for a Delivery Centre to Support the Behaviour Hubs Programme, Contract, Contract
Prevention of Corruption. 10.1 The Contractor represents Supplier, its Staff and warrants the Supplier's agents and contractors, including each sub‑contractor shall not, in connection with this Agreement: directly or indirectly offer, promise or give any person working for or engaged by the Commissioner a financial or other advantage to: induce that neither person to perform improperly a relevant function or activity; or reward that person for improper performance of a relevant function or activity; directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity. The Supplier shall not enter into this Agreement if it has knowledge that, in connection with it, nor any financial or other advantage has been, or will be, given to any person working for or engaged by the Commissioner, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the best Commissioner before execution of this Agreement. The Supplier shall have an anti-bribery policy and procedure (details of which shall be disclosed to the Commissioner) to prevent any of its knowledge Staff, agents or sub-contractors from bribing another person or being bribed. If any Personnelof the Supplier, have at its Staff, agents or sub-contractors, (in all cases whether or not acting with the Supplier's knowledge): breaches clause 45.1; breaches any time prior to applicable legal and regulatory anti-bribery obligations, including the Effective Date:
10.1.1 committed a Prohibited Act ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇; or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit commits a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, establish, maintain and enforce, policies and procedures which are adequate to ensure compliance Commissioner may terminate this Agreement by written notice with the Relevant Requirements and prevent the occurrence of a Prohibited Act; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of immediate effect. If any breach of clauses 10.1 and/or 10.2, clause 45.4 is suspected or has reason to believe known the Supplier shall notify the Commissioner of such suspected or known breach immediately. In the event that the Supplier notifies the Commissioner that it has suspects or any knows that there may be a breach of clause 45.4 the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor Supplier shall respond promptly to the DFE’s Commissioner's enquiries, co-operate with any investigation, investigation and allow the DFE Commissioner to audit any books, records records, and any other relevant documentation.
10.6 If . Any termination under clause 45.4 shall be without prejudice to any right or remedy which has already accrued, or subsequently accrues, to the Contractor is in Default under Commissioner. Notwithstanding clause 15 (Dispute Resolution), any dispute relating to: the interpretation of clauses 10.1 and/or 10.245.1 to 45.4 inclusive; or the amount or value of any gift, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts consideration or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served commission, shall be determined by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act Commissioner and the action that the DFE has taken (including, where relevant, the date on which the Contract decision shall terminate)be final and conclusive.
Appears in 2 contracts
Sources: Supply of Services Agreement, Agreement Relating to the Supply of Political Monitoring Services
Prevention of Corruption. 10.1 The Contractor represents Supplier, its Staff and warrants the Supplier's agents and contractors, including each sub‑contractor shall not, in connection with this Agreement: directly or indirectly offer, promise or give any person working for or engaged by the Commissioner a financial or other advantage to: induce that neither person to perform improperly a relevant function or activity; or reward that person for improper performance of a relevant function or activity; directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity. The Supplier shall not enter into this Agreement if it has knowledge that, in connection with it, nor any financial or other advantage has been, or will be, given to any person working for or engaged by the Commissioner, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the best Commissioner before execution of this Agreement. The Supplier shall have an anti-bribery policy and procedure (details of which shall be disclosed to the Commissioner) to prevent any of its knowledge Staff, agents or sub-contractors from bribing another person or being bribed. If any Personnelof the Supplier, have at its Staff, agents or sub-contractors, (in all cases whether or not acting with the Supplier's knowledge): breaches clause 47.1; breaches any time prior to applicable legal and regulatory anti-bribery obligations, including the Effective Date:
10.1.1 committed a Prohibited Bribery Act 2010; or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit commits a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its employees, consultants, contractors, Sub-Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability Commissioner may act in relation to the Relevant Requirements.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, establish, maintain and enforce, policies and procedures which are adequate to ensure compliance accordance with the Relevant Requirements and prevent the occurrence provisions of a Prohibited Act; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of 47.9. If any breach of clauses 10.1 and/or 10.2, clause 47.4 is suspected or has reason to believe known the Supplier shall notify the Commissioner of such suspected or known breach immediately. In the event that the Supplier notifies the Commissioner that it has suspects or any knows that there may be a breach of clause 47.4 the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor Supplier shall respond promptly to the DFE’s Commissioner's enquiries, co-operate with any investigation, investigation and allow the DFE Commissioner to audit any books, records records, and any other relevant documentation.
10.6 If . This obligation shall continue for 3 years following the Contractor is in Default expiry or termination of this Agreement. Any termination under clause 47.4 shall be without prejudice to any right or remedy which has already accrued, or subsequently accrues, to the Commissioner. Notwithstanding clause 17 (Dispute Resolution), any dispute relating to: the interpretation of clauses 10.1 and/or 10.247.1 to 47.4 inclusive; or the amount or value of any gift, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts consideration or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served commission, shall be determined by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act Commissioner and the action that the DFE has taken (including, where relevant, the date on which the Contract decision shall terminate)be final and conclusive.
Appears in 2 contracts
Sources: Survey Services Agreement, Contract for the Supply of Services
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 clause
10.3.1 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records and any other relevant documentation.
10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Contract
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE ESFA or any of its 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.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE ESFA on request.
10.4 The Contractor shall immediately notify the DFE ESFA in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE ESFA pursuant to clause 10.4, the Contractor shall respond promptly to the DFEESFA’s enquiries, co-operate with any investigation, and allow the DFE ESFA to audit any books, records and any other relevant documentation.
10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE ESFA may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served by the DFE ESFA under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE ESFA believes has committed the Prohibited Act and the action that the DFE ESFA has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Contract
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records and any other relevant documentation.
10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Terms and Conditions
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 10.3.1 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records and any other relevant documentation.
10.6 If the Contractor is in Default breach of any of its obligations under clauses 10.1 and/or 10.2, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff Personnel whose acts or omissions have caused the Default; orbreach;
10.6.2 immediately terminate the ContractContract with immediate effect and without liability by giving notice in writing to the Contractor and recover from the Contractor the amount of any loss suffered by DfE resulting from the termination;
10.6.3 recover in full from the Contractor any other loss sustained by DfE in consequence of any breach of this clause whether or not the Contract has been terminated; and/or
10.6.4 recover in full from the Contractor the amount of value of any gift, consideration or commission.
10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Agreement
Prevention of Corruption. 10.1 The Contractor represents Supplier, its Staff and warrants the Supplier's agents and contractors, including each sub‑contractor shall not, in connection with this Agreement: directly or indirectly offer, promise or give any person working for or engaged by the Commissioner a financial or other advantage to: induce that neither person to perform improperly a relevant function or activity; or reward that person for improper performance of a relevant function or activity; directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity. The Supplier shall not enter into this Agreement if it has knowledge that, in connection with it, nor any financial or other advantage has been, or will be, given to any person working for or engaged by the Commissioner, or that an agreement has been reached to that effect, unless details of any such arrangement have been disclosed in writing to the best Commissioner before execution of this Agreement. The Supplier shall have an anti-bribery policy and procedure (details of which shall be disclosed to the Commissioner) to prevent any of its knowledge Staff, agents or sub-contractors from bribing another person or being bribed. If any Personnelof the Supplier, have at its Staff, agents or sub-contractors, (in all cases whether or not acting with the Supplier's knowledge): breaches clause 52.1; breaches any time prior to applicable legal and regulatory anti-bribery obligations, including the Effective Date:
10.1.1 committed a Prohibited Act ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇; or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit commits a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its employees, consultants, contractors, Sub-Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability Commissioner may act in relation to the Relevant Requirements.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, establish, maintain and enforce, policies and procedures which are adequate to ensure compliance accordance with the Relevant Requirements and prevent the occurrence provisions of a Prohibited Act; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of 52.9 . If any breach of clauses 10.1 and/or 10.2, clause 52.4 is suspected or has reason to believe known the Supplier shall notify the Commissioner of such suspected or known breach immediately. In the event that the Supplier notifies the Commissioner that it has suspects or any knows that there may be a breach of clause 52.4 the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor Supplier shall respond promptly to the DFE’s Commissioner's enquiries, co-operate with any investigation, investigation and allow the DFE Commissioner to audit any books, records records, and any other relevant documentation.
10.6 If . Any termination under clause 52.4 shall be without prejudice to any right or remedy which has already accrued, or subsequently accrues, to the Contractor is in Default under Commissioner. Notwithstanding clause 19 (Dispute Resolution), any dispute relating to: the interpretation of clauses 10.1 and/or 10.252.1 to 52.4 inclusive; or the amount or value of any gift, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts consideration or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served commission, shall be determined by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act Commissioner and the action that the DFE has taken (including, where relevant, the date on which the Contract decision shall terminate)be final and conclusive.
Appears in 1 contract
Sources: Employment Law Services Agreement
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its employees, consultants, contractors, Sub-Contractors Contractors, or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 clause
10.3.1 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records records, and any other relevant documentation.
10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Contract for Skills Bootcamps
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any PersonnelStaff, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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.
10.3 The Contractor shall:
10.3.1 shall and procure that its Sub-Contractors shall, :
10.3.1 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 10.3.1 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel Staff have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records and any other relevant documentation.
10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff whose acts or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Contract for the Delivery of Temporary Worker Visa Sponsorship (Tier 5) Services
Prevention of Corruption. 10.1 The Contractor represents and warrants that neither it, nor to the best of its knowledge any Personnel, have at any time prior to the Effective Date:
10.1.1 committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or
10.1.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act.
10.2 The Contractor shall not:
10.2.1 commit a Prohibited Act; or
10.2.2 do or suffer anything to be done which would cause the DFE or any of its 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.
10.3 The Contractor shall:
10.3.1 and procure that its Sub-Contractors shall, 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; and
10.3.2 keep appropriate records of its compliance with its obligations under clause 10.3.2 and make such records available to the DFE on request.
10.4 The Contractor shall immediately notify the DFE in writing if it becomes aware of any breach of clauses 10.1 and/or 10.2, or has reason to believe that it has or any of the Personnel have:
10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
10.4.2 been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act; or
10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of the Contract or otherwise suspects that any person directly or indirectly connected with the Contract has committed or attempted to commit a Prohibited Act.
10.5 If the Contractor notifies the DFE pursuant to clause 10.4, the Contractor shall respond promptly to the DFE’s enquiries, co-operate with any investigation, and allow the DFE to audit any books, records and any other relevant documentation.
10.6 If the Contractor is in Default under clauses 10.1 and/or 10.2, the DFE may by notice:
10.6.1 require the Contractor to remove from performance of the Contract any Staff Personnel whose acts or omissions have caused the Default; or
10.6.2 immediately terminate the Contract.
10.7 Any notice served by the DFE under clause 10.6 shall specify the nature of the Prohibited Act, the identity of the party who the DFE believes has committed the Prohibited Act and the action that the DFE has taken (including, where relevant, the date on which the Contract shall terminate).
Appears in 1 contract
Sources: Contract