Common use of Conditions Precedent to the payment of Grant Clause in Contracts

Conditions Precedent to the payment of Grant. The Secretary of State will not make the first payment of Grant and/or any subsequent payment of Grant unless all of the following preconditions have been complied with:- (a) the relevant Grant Claim is made on the Secretary of State System on line facility; (b) the expenditure is Eligible Expenditure; (c) the Grant Recipient has satisfied the Secretary of State that the Grant Recipient has sufficient Match Funding Committed at the Start Date to achieve Completion of the Project by the Agreed Project Completion Date; (d) the Grant Recipient has satisfied the Secretary of State that the Grant Recipient has all funding needed to pay for expenditure in relation to the Project which is Not Eligible Expenditure; (e) that Eligible Expenditure has been defrayed (that is that Eligible Expenditure has been incurred and that payment has been made by the Grant Recipient or a Delivery Partner) in respect of any Eligible Expenditure to which a Grant Claim relates; (f) any Security required as set out in the Project Specific Conditions is in place to the extent stated; and (g) the Conditions have been fully complied with provided that the Secretary of State may waive in whole or in part any Condition/s without prejudicing the Secretary of State’s right to require subsequent fulfilment of such Condition/s; provided always that the payment of a Grant Claim shall not operate as a waiver of any of the obligations in this clause 5.3 or exclude the right for the Secretary of State to exercise any of its rights under this Funding Agreement.

Appears in 4 contracts

Samples: Funding Agreement, Funding Agreement, Funding Agreement

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Conditions Precedent to the payment of Grant. The Secretary of State will not make the first payment of Grant and/or any subsequent payment of Grant unless all of the following preconditions have been complied with:- (a) the relevant Grant Claim is made on the Secretary of State System on line facility; (b) the expenditure is Eligible Expenditure; (c) the Grant Recipient has satisfied the Secretary of State that the Grant Recipient has sufficient Match Funding Committed at the Start Date to achieve Completion of the Project by the Agreed Project Completion Activity End Date; (d) the Grant Recipient has satisfied the Secretary of State that the Grant Recipient has all funding needed to pay for expenditure in relation to the Project which is Not Eligible Expenditure; (e) that Eligible Expenditure has been defrayed (that is that Eligible Expenditure has been incurred and that payment has been made by the Grant Recipient or a Delivery Partner) in respect of any Eligible Expenditure to which a Grant Claim relates; (f) any Security required as set out in the Project Specific Conditions is in place to the extent stated; and (g) the Conditions have been fully complied with provided that the Secretary of State may waive in whole or in part any Condition/s without prejudicing the Secretary of State’s right to require subsequent fulfilment of such Condition/s; provided provided, always that the payment of a Grant Claim shall not operate as a waiver of any of the obligations in this clause 5.3 or exclude the right for the Secretary of State to exercise any of its rights under this Funding Agreement.

Appears in 2 contracts

Samples: European Regional Development Fund Revenue Funding Agreement, European Regional Development Fund Revenue Funding Agreement

Conditions Precedent to the payment of Grant. The Secretary of State will not make the first payment of Grant and/or any subsequent payment of Grant unless all of the following preconditions have been complied with:- (a) the relevant Grant Claim is made on the Secretary of State System on line facility; (b) the expenditure is Eligible Expenditure; (c) the Grant Recipient has satisfied the Secretary of State that the Grant Recipient has sufficient Match Funding Committed at the Start Date to achieve Completion of the Project by the Agreed Project Completion Activity End Date; (d) the Grant Recipient has satisfied the Secretary of State that the Grant Recipient has all funding needed to pay for expenditure in relation to the Project which is Not Eligible Expenditure; (e) that Eligible Expenditure has been defrayed (that is that Eligible Expenditure has been incurred and that payment has been made by the Grant Recipient or a Delivery Partner) in respect of any Eligible Expenditure to which a Grant Claim relates; (f) any Security required as set out Preliminary Expenditure which is Eligible Expenditure has been used in the Project Specific Conditions is in place accordance with any conditions relating to the extent stated; andit; (g) [a Certificate of Title in respect of the ownership of the Site and the Grant Recipient’s estate or interest therein (being either the freehold estate or a Long Lease) has been issued to the Secretary of State by a firm of solicitors acceptable to the Secretary of State;] OR [the Grant Recipient has procured an opinion letter (from its in-house advisers or a firm of Solicitors appointed by it) in a form confirmed as being acceptable to the Secretary of State, as to the title to any Fixed Asset] (h) [the Grant Recipient has entered into the Deed of Covenant and entered a restriction on title at the Land Registry and provided evidence of the same]; (i) the Grant Recipient shall have supplied to the Secretary of State and the Secretary of State shall have approved the Project Specifications and the Secretary of State shall have satisfied itself that the Works to which the Grant Claim relates have been carried out; (j) [the provisions of clause 8.5 below in respect of the Legal Charge have been complied with in full]; (k) [the Deed of Guarantee has been executed simultaneously with this Funding Agreement.] (l) the Conditions have been fully complied with provided that the Secretary of State may waive in whole or in part any Condition/s without prejudicing the Secretary of State’s right to require subsequent fulfilment of such Condition/s; s provided always that the payment of a Grant Claim shall not operate as a waiver of any of the obligations in this clause 5.3 or exclude the right for the Secretary of State to exercise any of its rights under this Funding Agreement.

Appears in 2 contracts

Samples: European Regional Development Fund Capital Funding Agreement, European Regional Development Fund Capital Funding Agreement

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Conditions Precedent to the payment of Grant. The Secretary of State GLA will not make authorise the first payment of Grant and/or any subsequent payment of Grant unless all of the following preconditions have been complied with:- (a) the relevant Grant Claim is made on the Secretary of State System on line facility; (b) the expenditure is Eligible Expenditure; (c) the Grant Recipient has satisfied the Secretary of State GLA that the Grant Recipient has sufficient Match Funding Committed at the Start Date to achieve Completion of the Project by the Agreed Project Completion Activity End Date; (d) the Grant Recipient has satisfied the Secretary of State GLA that the Grant Recipient has all funding needed to pay for expenditure in relation to the Project which is Not Eligible Expenditure; (e) that Eligible Expenditure has been defrayed (that is that Eligible Expenditure has been incurred and that payment has been made by the Grant Recipient or a Delivery Partner) in respect of any Eligible Expenditure to which a Grant Claim relates; (f) any Security required as set out in the Project Specific Conditions is in place to the extent stated; and (g) the Conditions have been fully complied with provided that the Secretary of State may waive in whole or in part any Condition/s without prejudicing the Secretary of State’s right to require subsequent fulfilment of such Condition/s; provided always that the payment of a Grant Claim shall not operate as a waiver of any of the obligations in this clause 5.3 or exclude the right for the Secretary of State to exercise any of its rights under this Funding Agreement.

Appears in 1 contract

Samples: Funding Agreement

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