Changes to Firm Schemes. The Grant Recipient may propose changes to any Firm Scheme at any time prior to the Firm Scheme Completion Date. Any such changes must be proposed via IMS and must take account of any Tranche already received by
Changes to Firm Schemes.
10.1 The Developer may propose changes to any Firm Scheme at any time prior to the Firm Scheme Completion Date. Any such changes must be proposed via IMS and must take account of any Tranche already received by the Developer.
10.2 Where a Pre-First Claim Change is proposed, Homes England will be entitled to accept or reject such change or to accept it subject to adjustment by Homes England in accordance with the process set out in Clause 10.3 (Changes to Firm Schemes) unless Homes England agrees that the relevant change may be agreed by some other means.
10.3 If Homes England:
10.3.1 accepts a Pre-First Claim Change in principle, it shall be entitled to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the proposed change. Where the result of that recalculation is a lower Firm Scheme Grant figure than that set out in the Firm Scheme Details, Homes England will notify the Developer and the Developer will have twenty (20) Business Days from the date of receipt of Homes England's notification to advise Homes England as to whether it wishes to withdraw the Firm Scheme from this Agreement or proceed with it on the basis of the recalculated Firm Scheme Grant figure or to withdraw the proposed a Pre-First Claim Change. If:
(a) the Firm Scheme is withdrawn by the Developer, Homes England will (subject to any invocation by the Developer of Clause 10.14 (Changes to Firm Schemes) and any resulting operation of Clause 10 (Changes to Firm Schemes)) withdraw the Firm Scheme Grant allocated to such scheme and the Allocated Capital Grant figure will be reduced commensurately;
(b) the proposed Pre-First Claim Change is withdrawn by the Developer, the Developer shall reinstate in IMS the Firm Scheme Details ante the date of the proposed Pre-First Claim Change and, following Homes England's approval of such reinstated details in IMS, the Firm Scheme shall proceed on the basis of those reinstated Firm Scheme Details;
(c) the Developer wishes to proceed with the Firm Scheme, it must immediately amend the Firm Scheme Details in IMS to reflect the Pre- First Claim Change and the recalculated Firm Scheme Grant figure. The amended Firm Scheme Details (together with any adjustments to the sum and, save in respect of a Single Claim Scheme, percentages of any subsequent Tranche due resulting from the recalculated Firm Scheme Grant figure being lower than the original Firm Scheme Grant figure) will be deemed to be effective from the date of their accepta...
Changes to Firm Schemes. 8.1 The parties may from time to time agree changes to the Firm Scheme Details and where such changes are agreed they shall be implemented by the Grant Recipient amending the Firm Scheme Details in IMS and the electronic confirmation of that amendment by the Agency through IMS.
8.2 Where a Milestone Failure occurs or is in the opinion of the Agency reasonably likely to occur (having regard to the information supplied at the Review Meeting or pursuant to Condition 7.4) and such failure is directly caused by a Milestone Extension Event, the Agency shall subject to Conditions 8.3 and 8.4 extend the relevant Milestone Date and associated Firm Scheme Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event.
8.3 The Agency shall not be obliged to extend a Milestone Date where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the Agency’s reasonable opinion materially and adversely affect the delivery of the Programme Offer or (when taken individually or together with other extensions in relation to the Grant Recipient or other grant recipients under the AHP) materially and adversely affect the Agency’s projected expenditure profile in relation to any year of the AHP and in particular (but without limitation) such expenditure profile in relation to the last quarter of the relevant Financial Year
8.4 The Agency may not extend a Firm Scheme Completion Date beyond 31 March 2015.
Changes to Firm Schemes. The parties may from time to time agree changes to the Firm Scheme Details and where such changes are agreed they shall be implemented by the Provider amending the Firm Scheme Details in IMS and the electronic confirmation of that amendment by the Agency through IMS.
Changes to Firm Schemes. 8.1 The parties may from time to time agree changes to the Firm Scheme Details and where such changes are agreed they shall be implemented by the Grant Recipient amending the Firm Scheme Details in IMS and the electronic confirmation of that amendment by the Agency through IMS.
8.2 Where a Milestone Failure occurs or is in the opinion of the Agency reasonably likely to occur (having regard to the information pursuant to Condition 3 or Condition 7.4) and such failure is directly caused by a Milestone Extension Event, the Agency shall, subject always to Condition 8.3, extend the relevant Milestone Date and associated Firm Scheme Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event.
8.3 The Agency shall not under any circumstances be required or obliged to extend a Firm Scheme Completion Date beyond 31 March 2018.
Changes to Firm Schemes. 8.1 The Lead Partner (on behalf of the Relevant Consortium Member) and the Agency may from time to time agree changes to the Firm Scheme Details and where such changes are agreed they shall be implemented by the Lead Partner amending the Firm Scheme Details in IMS and the electronic confirmation of that amendment by the Agency through IMS.11
8.2 Where a Milestone Failure occurs or is in the opinion of the Agency reasonably likely to occur (having regard to the information supplied at the Review Meeting or pursuant to Condition 7.3) and such failure is directly caused by a Milestone Extension Event, the Agency shall subject to Conditions 8.3 and 8.4 extend the relevant Milestone Date and associated Firm Scheme Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event.
8.3 The Agency shall not be obliged to extend a Milestone Date where such extension would (when taken individually or together with other extensions granted) in the Agency’s reasonable opinion materially and adversely affect the delivery of the Programme Offer or (when taken individually or together with other extensions granted under this Agreement or other grant recipients under the AHP) materially and adversely affect the Agency’s projected expenditure profile in relation to any year of the AHP and in particular (but without limitation) such expenditure profile in relation to the last quarter of the relevant Financial Year
8.4 The Agency may not extend a Firm Scheme Completion Date beyond 31 March 2015.
Changes to Firm Schemes. 8.1 The parties may from time to time agree changes to the Firm Scheme Details and where such changes are agreed they shall be implemented by the Developer amending the Firm Scheme Details in IMS and the electronic confirmation of that amendment by the Agency through IMS.
8.2 Where a Milestone Failure occurs or is in the opinion of the Agency reasonably likely to occur (having regard to the information supplied pursuant to Condition 3 or to Condition
8.3 The Agency shall not be obliged to extend a Milestone Date where such extension would (when taken individually or together with other extensions in relation to the Developer) in the Agency’s reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions in relation to the Developer or other Developers under the AHP 2015/18) materially and adversely affect the Agency’s projected expenditure profile in relation to any year of the AHP 2015/18 and in particular (but without limitation) such expenditure profile in relation to the last quarter of the relevant Financial Year.
8.4 The Agency shall not be obliged to extend a Firm Scheme Completion Date beyond 31 March 2018.
8.5 The Developer may, where he considers (acting reasonably) that a Firm Scheme constitutes an Undeliverable Scheme, request the Agency to accept the substitution of a different scheme (a Substitute Scheme) in place of the Undeliverable Scheme.
8.6 If the Developer wishes to submit a Substitute Scheme, it must submit to the Agency through IMS such details of the relevant Substitute Scheme as the Agency may require. In submitting the details of the Substitute Scheme, the Developer is deemed to make and give the representations and warranties set out in Condition 6.1 in relation to the Substitute Scheme:
8.7 The Agency shall consider the submitted details and if the Agency is satisfied (a) with the information provided, (b) the level of grant funding requested and (c) that:
8.7.1 the Substitute Scheme offers value for money;
8.7.2 the Substitute Scheme is consistent with the Approved Bid (including the scheme cost information and information in relation to the level of the Developer's contribution);
8.7.3 the Developer's performance in respect of other Firm Schemes has satisfied the terms of this Agreement;
8.7.4 the Substitute Scheme can be fully delivered by 31 March 2018 (or such earlier date as is set out in IMS);
8.7.5 no Default subsists;
8.7.6 the Submitted ...
Changes to Firm Schemes. 8.1 The Lead Partner (on behalf of the Relevant Consortium Member) and the Agency may from time to time agree changes to the Firm Scheme Details and where such changes are agreed they shall be implemented by the Lead Partner amending the Firm Scheme Details in IMS and the electronic confirmation of that amendment by the Agency through IMS.11
8.2 Where a Milestone Failure occurs or is in the opinion of the Agency reasonably likely to occur (having regard to the information supplied at the Review Meeting or pursuant to Condition 7.3) and such failure is directly caused by a Milestone Extension Event, the Agency shall subject to Conditions 8.3 and 8.4 extend the relevant Milestone Date and associated Firm Scheme Completion Date by such period as it (acting reasonably)
Changes to Firm Schemes. 8.2 Where a Milestone Failure occurs or is in the opinion of the Agency reasonably likely to occur (having regard to the information supplied at the Review Meeting or pursuant to Condition 7.3) and such failure is directly caused by a Milestone Extension Event, the Agency shall subject to Conditions 8.3 and 8.4 extend the relevant Milestone Date and associated Firm Scheme Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event.
Changes to Firm Schemes. 5.1 The Grant Recipient may propose changes to any Firm Scheme at any time prior to the Firm Scheme Completion Date. Any such changes must be proposed via IMS and must take account of any Tranche already received by the Grant Recipient.
5.2 Where a Pre-First Claim Change is proposed, Homes England will be entitled to accept or reject such change or to accept it subject to adjustment by Homes England in accordance with the process set out in Clause 5.3 (Changes to Firm Schemes) unless Homes England agrees that the relevant change may be agreed by some other means.
5.3 If Homes England:
5.3.1 accepts a Pre-First Claim Change in principle, it shall be entitled to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the proposed change. Where the result of that recalculation is a lower Firm Scheme Grant figure than that set out in the Firm Scheme Details, Homes England will notify the Grant Recipient and the Grant Recipient will have twenty (20)
