Offer by Tenderer

12.2  Where the Service Provider is required by this Agreement to carry out Market Testing and any  Prospective Tenderer or Tenderer (or anyone acting on its or their behalf or any of its or their directors, officers or employees) offers or agrees to give to the Service Provider or any Associated Entity any gift or consideration of any kind as inducement or reward:  

(a)  for doing or not doing (or for having done or not having done) any act in relation to the obtaining or performance of any sub-contract relating to this Agreement; or

(b)  for showing or not showing favour or disfavour to any person in relation to any sub-contract relating to this Agreement,

the Authority may (without prejudice to any of its other rights) by notice to the Service Provider require the Service Provider to procure, as soon as practicable, the termination of that person's involvement in the Market Testing or, if discovered after the award of the relevant contract, the termination of the relevant sub-contract (and the provisions of clause 54 (Termination for Corrupt Gifts) shall apply and be construed accordingly).  

12.3  The Service Provider shall notify the Authority of the occurrence (and details) of any Prohibited Act promptly on the Service Provider becoming aware of its occurrence.