Common use of Authority Obligations Clause in Contracts

Authority Obligations. The Authority shall:37 [inform the DFE promptly if it is notified that there shall be any delay to [Services Availability] at the Site]; provide the DFE with such information as it may reasonably require on a quarterly basis on the operation of the Project Agreement to the extent that it relates to the School; inform the DFE promptly (providing such details as the DFE may reasonably require) on becoming aware of any breach or non-compliance by the Academy with its obligations under the School Agreement or this Agreement or where it is reasonably foreseeable to the Authority that any breach of or non‑compliance with the School Agreement or this Agreement by the Academy shall occur; forthwith inform the DFE whenever any Relevant Notice is served under any Project Document; promptly inform the DFE of any proposed changes to the Project Documents or the School Agreement or any other relevant contract which may (assessed objectively) lead to additional potential liabilities for the Academy and/or the DFE under the terms of this Agreement which have a value equal to or greater than the De Minimis Amount taking into consideration all other changes in a Financial Year which have not previously been notified to DFE under this Clause 6.5; promptly inform the DFE whenever it exercises any rights or remedies under the Project Documents in connection with a breach thereof by any of the counterparties and/or relating to poor performance of obligations under the Project Agreement by the Contractor (but not including the making of Payment Mechanism deductions) where these relate to the School or are relevant to the School Agreement and which have a value equal to or greater than the De Minimis Amount taking into consideration all other events in a Financial Year which have not previously been notified to DFE under this Clause 6.6; exercise such rights or remedies that the Authority may have available to it under the Project Documents at the direction of the DFE in circumstances where the DFE considers (acting reasonably) that the exercise of the relevant right or remedy shall assist the DFE in mitigating its potential or actual exposure under this Agreement;38 promptly pay to the Academy any sums or monies recovered from the Contractor and which are properly due to the Academy under the School Agreement. immediately notify the DFE and the Academy on receipt of a Project Agreement Termination Notice and any Contractor Termination Notice and provide all relevant information (including a copy of the relevant notice); immediately notify the DFE and the Academy following confirmation from the Contractor that the breach giving rise to the Contractor Termination Notice has been remedied; following receipt of a Contractor Termination Notice, where DFE notifies the Authority that it intends to exercise its Intervention Rights, the Authority shall immediately advise the DFE whether or not the breach has been remedied; and promptly notify the DFE and the Academy of any breach of the Project Agreement which, if it was repeated or continued, could give rise to the right for the Contractor to serve a Contractor Termination Notice under the Project Agreement.

Authority Obligations. ‌ The Authority shall:37 [shall: 6.1 inform the DFE promptly if it is notified that there shall be any delay to [Services Availability] Availability (as defined in the Project Agreement) at the Site]; ; 6.2 provide the DFE with such information as it may reasonably require on a quarterly basis on the operation of the Project Agreement to the extent that it relates to the School; ; 6.3 inform the DFE promptly (providing such details as the DFE may reasonably require) on becoming aware of any breach or non-compliance by the Academy with its obligations under the School Agreement or this Agreement or where it is reasonably foreseeable to the Authority that any breach or non-compliance of or non‑compliance with the School Agreement or this Agreement by the Academy shall occur; ; 6.4 forthwith inform the DFE whenever any Relevant Notice is served under any Project Document; ; 6.5 promptly inform the DFE of any proposed changes to the Project Documents or the School Agreement or any other relevant contract which may (assessed objectively) lead to additional potential liabilities for the Academy and/or the DFE under the terms of this Agreement which have a value equal to or greater than the De Minimis Amount taking into consideration all other changes in a Financial Year which have not previously been notified to DFE under this Clause 6.5; Agreement; 6.6 promptly inform the DFE whenever it exercises any rights or remedies under the Project Documents in connection with a breach thereof by any of the counterparties and/or relating to poor performance of obligations under the Project Agreement by the Contractor (but not including the making of Payment Mechanism payment mechanism deductions) where these relate to the School Academy or are relevant to the School Agreement and which have a value equal to or greater than the De Minimis Amount taking into consideration all other events in a Financial Year which have not previously been notified to DFE under this Clause 6.6; Agreement; 6.7 exercise such rights or remedies that the Authority may have available to it under the Project Documents at the direction of the DFE in circumstances where the DFE considers (acting reasonably) that the exercise of the relevant right or remedy shall assist the DFE in mitigating its potential or actual exposure under this Agreement;38 Agreement; 6.8 promptly pay to the Academy any sums or monies recovered from the Contractor and which are properly due to the Academy under the School Agreement. . 6.9 immediately notify the DFE and the Academy on receipt of a Project Agreement Termination Notice and any Contractor Termination Notice (as defined in the Project Agreement) and provide all relevant information (including a copy of the relevant noticeTermination Notice); ; 6.10 immediately notify the DFE and the Academy following confirmation from the Contractor that the breach giving rise to the Contractor Termination Notice has been remedied; ; 6.11 following receipt of a Contractor Termination Notice, where DFE notifies the Authority that it intends to exercise its Intervention Flooding Rights, the Authority shall immediately advise the DFE whether or not the breach has been remedied; and and 6.12 promptly notify the DFE and the Academy of any breach of the Project Agreement which, if it was repeated or continued, could give rise to the right for the Contractor to serve a Contractor Termination Notice under the Project Agreement.

Authority Obligations. The Authority shall:37 shall:42 6.1 [inform the DFE DfE promptly if it is notified that there shall be any delay to [Services Availability] at the Site]; ; 6.2 provide the DFE DfE with such information as it may reasonably require on a quarterly basis on the operation of the Project Agreement to the extent that it relates to the School; ; 6.3 inform the DFE DfE promptly (providing such details as the DFE DfE may reasonably require) on becoming aware of any breach or non-compliance by the Academy with its obligations under the School Agreement or this Agreement or where it is reasonably foreseeable to the Authority that any breach of or non‑compliance non compliance with the School Agreement or this Agreement by the Academy shall occur; ; 6.4 forthwith inform the DFE DfE whenever any Relevant Notice is served under any Project Document; ; 6.5 promptly inform the DFE DfE of any proposed changes to the Project Documents or the School Agreement or any other relevant contract which may (assessed objectively) lead to additional potential liabilities for the Academy and/or the DFE DfE under the terms of this Agreement which have a value equal to or greater than the De Minimis Amount taking into consideration all other changes in a Financial Year which have not previously been notified to DFE DfE under this Clause 6.5; ; 6.6 promptly inform the DFE DfE whenever it exercises any rights or remedies under the Project Documents in connection with a breach thereof by any of the counterparties and/or relating to poor performance of obligations under the Project Agreement by the Contractor (but not including the making of Payment Mechanism deductions) where these relate to the School or are relevant to the School Agreement and which have a value equal to or greater than the De Minimis Amount taking into consideration all other events in a Financial Year which have not previously been notified to DFE DfE under this Clause 6.6; ; 6.7 exercise such rights or remedies that the Authority may have available to it under the Project Documents at the direction of the DFE DfE in circumstances where the DFE DfE considers (acting reasonably) that the exercise of the relevant right or remedy shall assist the DFE DfE in mitigating its potential or actual exposure under this Agreement;38 Agreement;43 6.8 promptly pay to the Academy any sums or monies recovered from the Contractor and which are properly due to the Academy under the School Agreement. . 6.9 immediately notify the DFE DfE and the Academy on receipt of a Project Agreement Termination Notice and any Contractor Termination Notice and provide all relevant information (including a copy of the relevant notice); ; 6.10 immediately notify the DFE DfE and the Academy following confirmation from the Contractor that the breach giving rise to the Contractor Termination Notice has been remedied; ; 6.11 following receipt of a Contractor Termination Notice, where DFE DfE notifies the Authority that it intends to exercise its Intervention Rights, the Authority shall immediately advise the DFE DfE whether or not the breach has been remedied; and and 6.12 promptly notify the DFE DfE and the Academy of any breach of the Project Agreement which, if it was repeated or continued, could give rise to the right for the Contractor to serve a Contractor Termination Notice under the Project Agreement.

Authority Obligations. The 27.1 Subject always to compliance with the ESFA Funding Rules, the Authority shall:37 [inform shall: 27.1.1 from the DFE promptly if it is notified that there commencement of the relevant Apprenticeship Programme, employ and pay the Apprentice in accordance with the Law, agreed employment terms and conditions for the duration of the relevant Apprenticeship Programme which shall be not less than the period set out in the relevant Apprenticeship Programme (subject to earlier termination of this agreement in accordance with its terms and/or the Apprentice’s employment contract); 27.1.2 promptly do all acts and not omit to do any delay thing reasonably requested of the Authority by the Supplier for the purposes of the Supplier’s: (a) compliance with the Funding Rules; and (b) obtaining any payment to [Services Availability] at the Site]; provide the DFE with such information as which it may reasonably require on be entitled under the Funding Rules; 27.1.3 enter into and procure that each Apprentice enters into: (a) an Apprenticeship Agreement (this Contract only); and (b) a quarterly basis on commitment statement or training plan as required by the operation Funding Rules, Each of which must be in place for the entire length of the Project Agreement Apprenticeship and meet the requirements of the Funding Rules and made available to the extent that it relates to the School; inform the DFE promptly (providing Supplier on request; 27.1.4 provide such details training and/or carry out such actions as the DFE may reasonably require) on becoming aware of any breach or non-compliance by the Academy with its obligations under the School Agreement or this Agreement or where it is reasonably foreseeable are assigned to the Authority in the Apprenticeship Programme and in any event support each Apprentice in their learning and development to the reasonable satisfaction of the Supplier; 27.1.5 notify in writing the Supplier of any Break in Learning; 27.1.6 confirm promptly on request by providing signed declarations to the Supplier: (a) each Apprentice’s eligibility for apprenticeship funding; (b) any eligibility for 16-18 year old incentive payments (if applicable); (c) the average number of employees employed by the Authority in the three years immediately preceding the first day of an Apprenticeship and (if applicable) the Authority’s eligibility for small Authority incentive payment; (d) any other matters on which the Supplier requires written evidence that any breach is in the possession of or non‑compliance the Authority in order for the Supplier to comply with the School Agreement Funding Rules; (e) the address or this Agreement by addresses where the Academy Apprentice shall occurbe carrying out their working hours; forthwith inform and (f) whether learning support is available to support Apprentices with additional learning needs, 27.1.7 ensure, and on request confirm, that: (a) the DFE whenever any Relevant Notice Apprentice is served under any Project Document; promptly inform employed for a suitable number of hours per week and that training both on and off the DFE job is included in those hours of any proposed changes employment; (b) the funding for the Apprenticeship is not used to pay the apprentice’s wages; (c) the Apprentice is enabled to complete the Apprenticeship within their working hours and make available time for the Apprentice to be able to complete the Apprenticeship Programme including: (i) permitting the time stated in the current ESFA Funding Rules of each Apprentice’s employed hours to be used for off-the-job training; (ii) releasing the Apprentice to the Project Documents or Supplier for undertaking such training and courses with the School Agreement or Supplier as set out in the Apprentice Proposal; (iii) providing the Xxxxxxxxxx xxx use of equipment necessary to enable the Apprentice to fulfil training objectives; (iv) cooperating with the Supplier to arrange for any other relevant contract which may necessary End-Point Assessment and allowing the Apprentice to attend the same (assessed objectivelyv) lead to Provide additional potential liabilities off the job paid hours for the Academy and/or completion of English and Maths functional skills up to level 2 if the DFE under apprentice is unable to provide compliant evidence of previous achievement. 27.1.8 comply with the terms of this Agreement which any agreement between the Authority and the ESFA; 27.1.9 comply with any Mandatory Policies that shall have a value equal been specified by the Authority at the time of Tender, or as may be required by an Authority as part of their general business 27.2 To secure an efficient working relationship between the Supplier and the Authority and to protect the interests of the Apprentice, the Authority shall: 27.2.1 cooperate in good faith with the Supplier and any Subcontractor and/or Apprentice Assessment Organisation to enable the successful delivery and completion of each Apprenticeship; 27.2.2 where indicated in the Contract Particulars that the Supplier will be providing on-line administrative tasks, provide to the Supplier on request all necessary log-in information to enable the Supplier to access the Authority’s Digital Account for the purposes of confirming the Funding available in respect of an Apprentice and uploading on behalf of the Authority information required pursuant to the Funding Rules relating to the Apprentice, the Apprenticeship Programme and/or other relevant matters; 27.2.3 allow the Supplier, it’s staff, auditors, contractors or greater than agents, including the De Minimis Amount taking into consideration all other changes in a Financial Year which have not previously been notified Supplier’s Representative, access to DFE the Apprentice, the Authority’s premises and any relevant records or documents, including health and safety records, to allow the Supplier to comply with the Supplier’s obligations under this Clause 6.5; agreement. Such access shall be as reasonably agreed between the parties or on reasonable notice from the Supplier; 27.2.4 promptly inform notify the DFE whenever Supplier in writing when it exercises any rights becomes aware or remedies under the Project Documents in connection with develops a breach thereof by any of the counterparties and/or relating to poor performance of obligations under the Project Agreement by the Contractor (but not including the making of Payment Mechanism deductions) where these relate to the School or are relevant to the School Agreement and which have a value equal to or greater than the De Minimis Amount taking into consideration all other events in a Financial Year which have not previously been notified to DFE under this Clause 6.6; exercise such rights or remedies reasonable suspicion that the Authority may have available Apprentice wishes to it under the Project Documents at the direction of the DFE in circumstances where the DFE considers (acting reasonably) that the exercise of the relevant right or remedy shall assist the DFE in mitigating its potential or actual exposure under this Agreement;38 promptly pay to the Academy any sums or monies recovered withdraw from the Contractor and which are properly due to the Academy under the School Agreement. Apprenticeship; 27.2.5 immediately notify the DFE and Supplier if the Academy on receipt of a Project Agreement Termination Notice and any Contractor Termination Notice and provide all relevant information (including a copy of the relevant notice); immediately notify the DFE and the Academy following confirmation from the Contractor that the breach giving rise to the Contractor Termination Notice has been remedied; following receipt of a Contractor Termination Notice, where DFE notifies Apprentice informs the Authority that it intends they no longer wish to exercise its Intervention Rights, continue with the Authority shall immediately advise the DFE whether or not the breach has been remediedApprenticeship; and 27.2.6 appoint an Authority’s Representative and promptly notify the DFE and the Academy Supplier of any breach change of the Project Agreement which, if it was repeated or continued, could give rise Authority’s Representative from time to the right for the Contractor to serve a Contractor Termination Notice under the Project Agreementtime.