Default and Recovery. 6.1 Without prejudice to SDS’ other rights and remedies, the occurrence of any of the following shall be an event of default: 6.1.1 any information given to SDS by or on behalf of the Recipient is found to be false or misleading, including any information in relation to any Approved Activity being provided by any third party, for which the Recipient shall remain liable; 6.1.2 the occurrence of an Insolvency Event; 6.1.3 the Recipient xxxxx the reputation of SDS in its dealings, publicity or communications, or where the Recipient and/or any of its directors, staff, sub-contractors or representatives (including any Recipient Supply Chain Entity) conducts themselves in a manner which, in the reasonable opinion of SDS, brings or is likely to bring SDS, any Scottish Minister, or the funding scheme operated by SDS into disrepute. This shall be deemed to include any instance where the Recipient and/or any of its directors, staff, sub-contractors or representatives (including any Recipient Supply Chain Entity) is charged with any criminal offence deemed to be a serious criminal offence by SDS, at SDS’ entire discretion; 6.1.4 the Recipient is in breach of its obligations to SDS in terms of the Agreement; 6.1.5 in the reasonable opinion of SDS, the objectives of the Funding Purposes are unlikely to be, or have not been, met by the Recipient; 6.1.6 in the reasonable opinion of SDS, the Recipient’s progress in carrying out the Approved Activity is not satisfactory; or 6.1.7 in the reasonable opinion of SDS, the Recipient (a) takes undue advantage of the offer of grant; or (b) fails to act with integrity in relation to the grant. 6.2 In the event of default, and at SDS’ entire discretion:- 6.2.1 SDS shall be entitled to suspend and/or terminate the Agreement (or any part thereof) and any other contract the Recipient has with SDS, immediately on notice; and/or 6.2.2 SDS shall be entitled to demand that the Recipient repay the Contribution, or such proportion thereof as SDS may reasonably determine, to SDS within 14 days of demand; or 6.2.3 SDS may as an alternative give the Recipient written notice confirming details of the default, giving the Recipient a period of time as SDS may reasonably determine within which the Recipient is to remedy the default. In such circumstances, if the Recipient shall fail to remedy the default within such period of time, SDS shall be entitled to rely on any or all of the remedies referred to in clauses 6.2.1 and 6.2.2. 6.3 SDS shall be entitled to deduct from any payments due to the Recipient under this Agreement, any sums due to SDS by the Recipient howsoever and whensoever arising, and any sums due to SDS by any person to whom the undertaking of the Recipient has been transferred. 6.4 In the event that either party is in material breach of its respective data protection obligations contained in clause 12.9 or the Schedule, the party not in breach shall (without prejudice to its other rights and remedies) be entitled to terminate the Agreement immediately on notice. 6.5 Without prejudice to SDS’s other rights and remedies, the Recipient must immediately inform The Growth and Inward investment Service Development team by email (xxxx@xxx.xx.xx) in the event that there is any material change in the Recipient’s circumstances, including without limitation, circumstances:- 6.5.1 where the Recipient ought reasonably to be aware that the information provided in its Application submitted to SDS, was inadequate, incomplete or materially misleading or inaccurate, or is no longer adequate, complete, representative, accurate or likely to be fulfilled; 6.5.2 which are likely to impact the Recipient’s ability to perform any of the requirements of the Agreement; providing all detail that SDS may reasonably require. 6.6 The Recipient shall repay to SDS any money incorrectly paid to it in error. This includes (without limitation) situations where either an incorrect sum of money has been paid or where any payment has been paid in error before all conditions attaching to the Contribution payment have been complied with by the Recipient.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Default and Recovery. 6.1 Without prejudice to SDS’ other rights and remedies, the The occurrence of any of the following shall be an event of default:
6.1.1 any information given to SDS by or on behalf of the Recipient is found to be false or misleading, including any information in relation to any Approved Activity being provided by any third party, for which the Recipient shall remain liable;
6.1.2 the occurrence of an Insolvency Event;
6.1.3 the Recipient xxxxx the reputation of SDS in its dealings, publicity or communications, or where the Recipient and/or any of its directors, staff, sub-sub- contractors or representatives (including any Recipient Supply Chain Entity) conducts themselves in a manner which, in the reasonable opinion of SDS, brings or is likely to bring SDS, any Scottish Minister, or the funding scheme operated by SDS into disrepute. This shall be deemed to include (without limitation) any instance where the Recipient and/or any of its directors, staff, sub-contractors or representatives (including any Recipient Supply Chain Entity) is charged with any criminal offence deemed to be a serious criminal offence by SDS, at SDS’ entire discretion;
6.1.4 the Recipient is in breach of its obligations to SDS in terms of the Agreement, or the Programme Contract, or otherwise;
6.1.5 in the reasonable opinion of SDS, the objectives of the Funding Relief Purposes are unlikely to be, or have not been, met by the RecipientRecipient during the Covid-19 Relief Period;
6.1.6 in the reasonable opinion of SDS, the Recipient’s progress in carrying out the Approved Activity Relief Purposes is not satisfactory; or
6.1.7 in the reasonable opinion of SDS, the Recipient
(a) takes undue advantage of the offer of grantrelief; or
(b) fails to act with integrity in relation to the grantrelief.
6.2 In the event of default, and at SDS’ entire discretion:-
6.2.1 SDS shall be entitled to suspend and/or terminate the Agreement (or any part thereof) and any other contract the Recipient has with SDS, immediately on notice; and/or
6.2.2 SDS shall be entitled to demand that the Recipient repay the Contribution, or such proportion thereof as SDS may reasonably determine, to SDS within 14 days of demand; or
6.2.3 SDS may as an alternative give the Recipient written notice confirming details of the default, giving the Recipient a period of time as SDS may reasonably determine within which the Recipient is to remedy the default. In such circumstances, if the Recipient shall fail to remedy the default within such period of time, SDS shall be entitled to rely on any or all of the remedies referred to in clauses 6.2.1 and 6.2.2.
6.3 SDS shall be entitled to deduct from any payments due to the Recipient under this Agreement, any sums due to SDS by the Recipient howsoever and whensoever arising, and any sums due to SDS by any person to whom the undertaking of the Recipient has been transferred.
6.4 In the event that either party is in material breach of its respective data protection obligations contained in clause 12.9 11.9 or the Schedule, the party not in breach shall (without prejudice to its other rights and remedies) be entitled to terminate the Agreement immediately on notice.
6.5 Without prejudice to SDS’s other rights and remedies, the Recipient must immediately immedi- ately inform The Growth and Inward investment Service Development team NTP Contracts by email (xxxx@xxx.xx.xxxxxxxxxxxxxx@xxx.xx.xx) in the event that there is any material change in the Recipient’s circumstances, including without limitation, circumstances:-
6.5.1 where the Recipient ought reasonably to be aware that the information provided pro- vided in its Application submitted to SDS, was inadequate, incomplete or materially misleading or inaccurate, or is no longer adequate, complete, representativerep- resentative, accurate or likely to be fulfilled;
6.5.2 which are likely to impact the Recipient’s ability to perform any of the requirements re- quirements of the Agreement; providing all detail that SDS may reasonably require.
6.6 The Recipient shall repay to SDS any money incorrectly paid to it in error. This includes (without limitation) situations where either an incorrect sum of money has been paid or where any payment has been paid in error before all conditions attaching to the Contribution payment have been complied with by the Recipient.
Appears in 1 contract
Samples: Grant Agreement
Default and Recovery. 6.1 Without prejudice to SDS’ other rights and remedies, the The occurrence of any of the following shall be an event of default:
6.1.1 any information given to SDS by or on behalf of the Recipient is found to be false or misleading, including any information in relation to any Approved Activity being provided by any third party, for which the Recipient shall remain liable;
6.1.2 the occurrence of an Insolvency Event;
6.1.3 the Recipient xxxxx the reputation of SDS in its dealings, publicity or communications, or where the Recipient and/or any of its directors, staff, sub-sub- contractors or representatives (including any Recipient Supply Chain Entity) conducts themselves in a manner which, in the reasonable opinion of SDS, brings or is likely to bring SDS, any Scottish Minister, or the funding scheme operated by SDS into disrepute. This shall be deemed to include (without limitation) any instance where the Recipient and/or any of its directors, staff, sub-contractors or representatives (including any Recipient Supply Chain Entity) is charged with any criminal offence deemed to be a serious criminal offence by SDS, at SDS’ entire discretion;
6.1.4 the Recipient is in breach of its obligations to SDS in terms of the Agreement, or the Programme Contract, or otherwise;
6.1.5 in the reasonable opinion of SDS, the objectives of the Funding Relief Purposes are unlikely to be, or have not been, met by the RecipientRecipient during the Covid-19 Relief Period;
6.1.6 in the reasonable opinion of SDS, the Recipient’s progress in carrying out the Approved Activity Relief Purposes is not satisfactory; or
6.1.7 in the reasonable opinion of SDS, the Recipient
(a) takes undue advantage of the offer of grantrelief; or
(b) fails to act with integrity in relation to the grantrelief.
6.2 In the event of default, and at SDS’ entire discretion:-
6.2.1 SDS shall be entitled to suspend and/or terminate the Agreement (or any part thereof) and any other contract the Recipient has with SDS, immediately on notice; and/or
6.2.2 SDS shall be entitled to demand that the Recipient repay the Contribution, or such proportion thereof as SDS may reasonably determine, to SDS within 14 days of demand; or
6.2.3 SDS may as an alternative give the Recipient written notice confirming details of the default, giving the Recipient a period of time as SDS may reasonably determine within which the Recipient is to remedy the default. In such circumstances, if the Recipient shall fail to remedy the default within such period of time, SDS shall be entitled to rely on any or all of the remedies referred to in clauses 6.2.1 and 6.2.2.
6.3 SDS shall be entitled to deduct from any payments due to the Recipient under this Agreement, any sums due to SDS by the Recipient howsoever and whensoever arising, and any sums due to SDS by any person to whom the undertaking of the Recipient has been transferred.
6.4 In the event that either party is in material breach of its respective data protection obligations contained in clause 12.9 11.9 or the Schedule, the party not in breach shall (without prejudice to its other rights and remedies) be entitled to terminate the Agreement immediately on notice.
6.5 Without prejudice to SDS’s other rights and remedies, the Recipient must immediately immedi- ately inform The Growth and Inward investment Service Development team NTP Contracts by email (xxxx@xxx.xx.xxxxxxxxxxxxxx@xxx.xx.xx) in the event that there is any material change in the Recipient’s circumstances, including without limitation, circumstances:-
6.5.1 where the Recipient ought reasonably to be aware that the information provided pro- vided in its Application Applications submitted to SDS, was inadequate, incomplete or materially misleading or inaccurate, or is no longer adequate, complete, representativerep- resentative, accurate or likely to be fulfilled;
6.5.2 which are likely to impact the Recipient’s ability to perform any of the requirements re- quirements of the Agreement; providing all detail that SDS may reasonably require.
6.6 The Recipient shall repay to SDS any money incorrectly paid to it in error. This includes (without limitation) situations where either an incorrect sum of money has been paid or where any payment has been paid in error before all conditions attaching to the Contribution payment have been complied with by the Recipient.
Appears in 1 contract
Samples: Grant Agreement
