23. Termination for Corrupt Gifts and Payments of Commission

  1. The Contractor shall not:
    1. offer or give or agree to give to any person employed by or on behalf of AGPLUS any gift or consideration of any kind as an inducement or reward for doing or not doing any act in relation to the obtaining or execution of the Contract or any other contract with AGPLUS or for showing or not showing favour or disfavour to any person in relation to the Contract or any other contract with AGPLUS; or
    2. enter into the Contract or any other contract with AGPLUS in connection with which commission (other than such commissions or bonuses as are payable by the Contractor to the Contractor’s own employees under the terms of their contracts of employment) has been paid by the Contractor or on the Contractor’s behalf, or to his knowledge, unless, before the Contract is made, particulars of any such commission and of the terms and conditions of any agreement for the payment thereof have been disclosed in writing to AGPLUS.
  2. In the event of any breach of this Condition by the Contractor or by anyone employed by the Contractor or acting on the Contractor’s behalf (whether with or without the Contractor’s knowledge), AGPLUS shall have the rights to terminate the Contract at any time by written notice to the Contractor and to recover from the Contractor the amount of any loss resulting from such termination and/or to recover from the Contractor the amount or value of any such gift, consideration or commission. Upon such termination, AGPLUS shall be free of any obligation to accept or pay for the Articles and/or the Services.
  3. In any dispute, difference or question arising in respect of: this Condition, the decision of AGPLUS shall be final and conclusive.

24. Waiver

The failure of either Party at any time to enforce any term of the Contract shall in no way affect its right thereafter to require complete performance by the other Party, nor shall the waiver of any breach of any term be taken or held to be a waiver of any subsequent breach of any such term or be a waiver of the term itself.

25. Severability

If any term, condition, clause or other provision of the Contract that is not of a fundamental nature in the operation of the Contract is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Contract shall not be affected thereby.

26. Special Conditions

In the event of any conflict or inconsistency between these General Conditions and any special conditions contained in the, such special conditions shall prevail.

27. Compliance with Statutes and Regulations

  1. The Contractor shall be responsible for ensuring that all operations and activities carried out by the Contractor pursuant to the Contract comply at all times with all relevant laws and statutes.
  2. The Contractor shall take all reasonable steps to ensure that all operations and activities carried out pursuant to the Contract by the Contractor’s employees, agents and subcontractors comply at all times with all relevant laws and statutes.

28. Arbitration

  1. Either Party may, after fourteen (14) days written notice to the other Party, refer any dispute, difference or question between the Parties with respect to any matter arising out of or relating to the Contract (except where the decision of AGPLUS is expressed to be final and conclusive in the Contract) to a single arbitrator to be agreed by the Parties for that purpose, or, in the absence of such agreement, to be appointed at the request of either Party by the President of the London Chamber of Commerce.
  2. Such reference shall be deemed to be a submission to arbitration under the Arbitration Act 1996 as amended or any statutory modification or re-enactment thereof.

29. Law

The Contract shall in all respects be construed as a contract made in England, subject to the laws of England and to the exclusive jurisdiction of the courts of England.