Default Events. 5.1 The following circumstances shall constitute a Default Event: 5.1.1 failure by the Grant Recipient to comply with its obligations in Condition 3 or Condition 8.5 and/or any information supplied in connection with its obligations in Condition 3 or Condition 8.5, whether in relation to the Contract Monitoring Outputs or otherwise is materially deficient, misleading or inaccurate; 5.1.2 the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 (in any case in whole or in part) and there is a resulting Material Adverse Effect in relation to: (a) the Approved Bid; or (b) a Named Project; 5.1.3 the Grant Recipient is subject to a Direction or a Report which has or will have a Material Adverse Effect; 5.1.4 a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied); 5.1.5 a breach of the Open Book Obligations; 5.1.6 the GLA determines (acting reasonably) that proper progress against the Grant Recipient's projections in the Approved Bid has not been made by the Grant Recipient in delivering the Approved Bid; 5.1.7 the Grant Recipient ceases operating; 5.1.8 the Grant Recipient's status as a Registered Provider is lost, relinquished or removed; 5.1.9 the Grant Recipient's Investment Partner status is lost or removed; 5.1.10 the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA understands that such a direction or recommendation is likely to be made; 5.1.11 a breach of Condition 8 or Condition 14 or a breach of the Submitted Standards in respect of a Named Project; 5.1.12 a failure or inability by the Grant Recipient to comply with: (a) the requirements of Condition 10; or (b) any obligation to pay or repay any amounts due under this Agreement; 5.1.13 any other breach of the Agreement which has a Material Adverse Effect; 5.1.14 the Grant Recipient (either by its own actions or omissions, or those of its contractors or agents) xxxxx the GLA's or the RSAP's reputation or brings the GLA or the RSAP into disrepute; and 5.1.15 a breach of Condition 2.7 or Condition 2.8 or Condition 4; 5.1.16 termination of a Tenancy Support Service Agreement or material amendment to a Tenancy Support Specification during the Minimum Period of Use with respect to any RSAP Dwelling comprised in the Named Project, save where this is replaced by an Alternative Tenancy Support Service Agreement; 5.1.17 any of the following events or circumstances occur: (a) a breach of the Estate Regeneration Requirement; (b) the Grant Recipient has failed to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section 8 Affordable Housing Capital Funding Guide); (c) having regard to any planning permission obtained for the Site or reports issued to residents affected by the delivery of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or (d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement; 5.1.18 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or 5.1.19 an Exemption Certificate expires or is withdrawn by the GLA; 5.1.20 the occurrence of a Minimum Period of Use Breach; 5.1.21 a breach of the Special Conditions; and 5.1.22 there has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant to Condition 4.4. 5.2 The Grant Recipient must notify the GLA immediately in writing on the occurrence of a Default Event. 5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA shall be entitled to reject the submission of any New Named Project, Additional Project or Substitute Project on OPS. 5.4 Where the Default Event is: 5.4.1 an occurrence specified in Conditions 5.1.3, 5.1.4, 5.1.7, 5.1.8, 5.1.9, and/or
Appears in 2 contracts
Default Events. 5.1 The following circumstances shall constitute a Default Event:
5.1.1 failure by the Grant Recipient to comply with its obligations in Condition 3 3, Condition 8.5 or Condition 8.5 12 and/or any information supplied in connection with its obligations in Condition 3 3, Condition 8.5 or Condition 8.512, whether in relation to the Contract Monitoring Outputs or otherwise is materially deficient, misleading or inaccurate;
5.1.2 the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 this Agreement (in any case in whole or in part) and there is a resulting Material Adverse Effect in relation to:
(a) the Approved Bid; or
(b) a Named Project;
5.1.3 the Grant Recipient is subject to a Section 15 Direction or a Section 114 Report which has or will have a Material Adverse Effect;
5.1.4 a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied);
5.1.5 a breach of the Open Book Obligations;
5.1.6 the GLA determines (acting reasonably) that proper progress against the Grant Recipient's projections in the Approved Bid has not been made by the Grant Recipient in delivering the Approved Bid;
5.1.7 the Grant Recipient ceases operating;
5.1.8 the Grant Recipient's status as a Registered Provider is lost, relinquished or removed;
5.1.9 the Grant Recipient's Investment Partner status is lost or removedremoved in its entirety;
5.1.10 the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA understands that such a direction or recommendation is likely to be made;
5.1.11 a breach of Condition 8 or (other than Condition 14 8.5) or a breach of the Submitted CASSH Minimum Standards in respect of a Named Project;
5.1.12 a failure or inability by the Grant Recipient to comply with:
(a) the requirements of Condition 10; or
(b) any obligation to pay or repay any amounts due under this Agreement;
5.1.13 any other breach of the Agreement which has a Material Adverse Effect;
5.1.14 the Grant Recipient (either by its own actions or omissions, or those of its contractors or agents) xxxxx the GLA's, DHSC's the CASSH's or the RSAPMayor of London's reputation or brings the GLA GLA, DHSC, the CASSH or the RSAP Mayor of London into disrepute; and;
5.1.15 a breach of Condition 2.7 4 or Condition 2.8 or Condition 4a CASSH Project Breach has occurred;
5.1.16 termination of a Tenancy Support Service Agreement or material amendment to a Tenancy Support Specification during the Minimum Period of Use with respect to any RSAP Dwelling comprised in the Named Project, save where this is replaced by an Alternative Tenancy Support Service Agreement;
5.1.17 any of the following events or circumstances occur:
(a) a breach of the Estate Regeneration Requirement;
(b) the Grant Recipient has failed to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section Section 8 Affordable Housing Capital Funding Guide);
(c) having regard to any planning permission obtained for the Site or reports issued to residents affected by the delivery of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or
(d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement;
5.1.18 5.1.17 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or;
5.1.19 5.1.18 an Exemption Certificate expires or is withdrawn by the GLA;
5.1.19 any Drawdown Condition is not satisfied within the relevant timescales required by the GLA (in its absolute discretion);
5.1.20 a failure to use a CASSH Dwelling for the occurrence of Agreed Purposes (save where the GLA has provided advance written consent or where the GLA has accepted a Minimum Period of Use BreachSubstitute Dwelling pursuant to Condition 16.3);
5.1.21 a breach of the Special Conditions; and;
5.1.22 there the Grant Recipient's Investment Partner status has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant restricted such that it does not extend to Condition 4.4the relevant Named Project.
5.2 The Grant Recipient must notify the GLA immediately in writing on the occurrence of a Default Event.
5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA shall be entitled to reject the submission of any New Named Project, Additional Project or Substitute Project Dwelling on OPS.
5.4 Where the Default Event is:
5.4.1 an occurrence specified in Conditions 5.1.3, 5.1.4, 5.1.7, 5.1.85.1.8 , 5.1.9, and/or5.1.9 and/ or
Appears in 2 contracts
Default Events. 5.1 The following circumstances shall constitute a Default Event:
5.1.1 failure by the Grant Recipient to comply with its obligations in Condition 3 3, Condition 8.5 or Condition 8.5 12 and/or any information supplied in connection with its obligations in Condition 3 3, Condition 8.5 or Condition 8.512, whether in relation to the Contract Monitoring Outputs or otherwise is materially deficient, misleading or inaccurate;
5.1.2 the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 this Agreement (in any case in whole or in part) and there is a resulting Material Adverse Effect in relation to:
(a) the Approved Bid; or
(b) a Named Project;
5.1.3 the Grant Recipient is subject to a Section 15 Direction or a Section 114 Report which has or will have a Material Adverse Effect;
5.1.4 a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied);
5.1.5 a breach of the Open Book Obligations;
5.1.6 the GLA determines (acting reasonably) that proper progress against the Grant Recipient's projections in the Approved Bid has not been made by the Grant Recipient in delivering the Approved Bid;
5.1.7 the Grant Recipient ceases operating;
5.1.8 the Grant Recipient's status as a Registered Provider is lost, relinquished or removed;
5.1.9 the Grant Recipient's Investment Partner status is lost or removedremoved in its entirety;
5.1.10 the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA understands that such a direction or recommendation is likely to be made;
5.1.11 a breach of Condition 8 or (other than Condition 14 8.5) or a breach of the Submitted SHAP Minimum Standards in respect of a Named Project;
5.1.12 a failure or inability by the Grant Recipient to comply with:
(a) the requirements of Condition 10; or
(b) any obligation to pay or repay any amounts due under this Agreement;
5.1.13 any other breach of the Agreement which has a Material Adverse Effect;
5.1.14 the Grant Recipient (either by its own actions or omissions, or those of its contractors or agents) xxxxx the GLA's, DLUHC's, the SHAP's or the RSAPMayor of London's reputation or brings the GLA GLA, DLUHC, the SHAP or the RSAP Mayor of London into disrepute; and;
5.1.15 a breach of Condition 2.7 or Condition 2.8 or Condition 4;
5.1.16 termination of or a Tenancy Support Service Agreement or material amendment to a the Tenancy Support Specification SLA during the Minimum Period of Use with respect to any RSAP SHAP Dwelling comprised in the Named Project, save where this is replaced by an Alternative Tenancy Support Service AgreementSLA or where the GLA agrees that the relevant Programme Client Group does not require a Tenancy Support SLA to be in place;
5.1.17 any of the following events or circumstances occur:
(a) a breach of the Estate Regeneration Requirement;
(b) the Grant Recipient has failed to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section Section 8 Affordable Housing Capital Funding Guide);
(c) having regard to any planning permission obtained for the Site or reports issued to residents affected by the delivery of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or
(d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement;
5.1.18 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or;
5.1.19 an Exemption Certificate expires or is withdrawn by the GLA;
5.1.20 any Drawdown Condition is not satisfied within the relevant timescales required by the GLA (in its absolute discretion);
5.1.21 the occurrence of a Minimum Period of Use Breach which falls within the description set out in:
(a) limbs (a) or (b) of the definition of Minimum Period of Use Breach; or
(b) limb (c) of the definition of Minimum Period of Use Breach;
5.1.21 5.1.22 a breach of the Special Conditions; and;
5.1.22 there 5.1.23 the Grant Recipient's Investment Partner status has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant restricted such that it does not extend to Condition 4.4the relevant Named Project.
5.2 The Grant Recipient must notify the GLA immediately in writing on the occurrence of a Default Event.
5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA shall be entitled to reject the submission of any New Named Project, Additional Project or Substitute Project Dwelling on OPS.
5.4 Where the Default Event is:
5.4.1 an occurrence specified in Conditions 5.1.3, 5.1.4, 5.1.7, 5.1.85.1.8 , 5.1.9, and/or5.1.9 and/ or
Appears in 1 contract
Samples: Capital Grant Agreement
Default Events. 5.1 The following circumstances shall constitute a Default Event:
5.1.1 failure by the Grant Recipient to comply with its obligations in Condition 3 3, Condition 8.5 or Condition 8.5 12 and/or any information supplied in connection with its obligations in Condition 3 3, Condition 8.5 or Condition 8.512, whether in relation to the Contract Monitoring Outputs or otherwise is materially deficient, misleading or inaccurate;
5.1.2 the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 this Agreement (in any case in whole or in part) and there is a resulting Material Adverse Effect in relation to:
(a) the Approved Bid; or
(b) a Named Project;
5.1.3 an Insolvency Event has occurred in relation to the Grant Recipient is subject to a Direction or a Report which has or will have a Material Adverse EffectRecipient;
5.1.4 a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied);
5.1.5 a breach of the Open Book Obligations;
5.1.6 the GLA determines (acting reasonably) that proper progress against the Grant Recipient's projections in the Approved Bid has not been made by the Grant Recipient in delivering the Approved Bid;
5.1.7 the Grant Recipient ceases operating;
5.1.8 the Grant Recipient's status as a Registered Provider is lost, relinquished or removed;
5.1.9 the Grant Recipient's Investment Partner status is lost or removedremoved in its entirety;
5.1.10 the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA understands that such a direction or recommendation is likely to be made;
5.1.11 a breach of Condition 8 or (other than Condition 14 8.5) or a breach of the Submitted CASSH Minimum Standards in respect of a Named Project;
5.1.12 a failure or inability by the Grant Recipient to comply with:
(a) the requirements of Condition 10; or
(b) any obligation to pay or repay any amounts due under this Agreement;
5.1.13 any other breach of the Agreement which has a Material Adverse Effect;
5.1.14 the Grant Recipient (either by its own actions or omissions, or those of its contractors or agents) xxxxx the GLA's, DHSC the CASSH's or the RSAPMayor of London's reputation or brings the GLA GLA, DHSC, the CASSH or the RSAP Mayor of London into disrepute; and;
5.1.15 a breach of Condition 2.7 4 or Condition 2.8 or Condition 4a CASSH Project Breach has occurred;
5.1.16 termination of a Tenancy Support Service Agreement or material amendment to a Tenancy Support Specification during the Minimum Period of Use with respect to any RSAP Dwelling comprised in the Named Project, save where this is replaced by an Alternative Tenancy Support Service Agreement;
5.1.17 any of the following events or circumstances occur:
(a) a breach of the Estate Regeneration Requirement;
(b) the Grant Recipient has failed to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section Section 8 Affordable Housing Capital Funding Guide);
(c) having regard to any planning permission obtained for the Site or reports issued to residents affected by the delivery of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or
(d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement;
5.1.18 5.1.17 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or;
5.1.19 5.1.18 an Exemption Certificate expires or is withdrawn by the GLA;
5.1.19 any Drawdown Condition is not satisfied within the relevant timescales required by the GLA (in its absolute discretion);
5.1.20 a failure to use a CASSH Dwelling for the occurrence of Agreed Purposes (save where the GLA has provided advance written consent or where the GLA has accepted a Minimum Period of Use BreachSubstitute Dwelling pursuant to Condition 16.3);
5.1.21 a breach of the Special Conditions; and;
5.1.22 there the Grant Recipient's Investment Partner status has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant restricted such that it does not extend to Condition 4.4the relevant Named Project.
5.2 The Grant Recipient must notify the GLA immediately in writing on the occurrence of a Default Event.
5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA shall be entitled to reject the submission of any New Named Project, Additional Project or Substitute Project Dwelling on OPS.
5.4 Where the Default Event is:
5.4.1 an occurrence specified in Conditions 5.1.3, 5.1.4, 5.1.7, 5.1.85.1.8 , 5.1.9, and/or5.1.9 and/ or
5.1.14 the GLA shall be entitled forthwith and without any liability to the Grant Recipient terminate the Agreement;
Appears in 1 contract
Samples: Capital Grant Agreement
Default Events. 5.1 The following circumstances shall constitute a Default Event:
5.1.1 failure by the Grant Recipient to comply with its obligations in Condition 3 or Condition 8.5 16 and/or any information supplied in connection with its obligations in Condition 3 or Condition 8.516, whether in relation to the Contract Monitoring Outputs an Officer's Certificate, or otherwise otherwise, is materially deficient, misleading or inaccurate;
5.1.2 the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 3 (in any case in whole or in part) and there is a resulting Material Adverse Effect in relation to:
(a) the Approved Bid; or
(b) a Named Project;Firm Scheme
5.1.3 the Grant Recipient is or becomes subject to a Direction or a Report direction made by the Secretary of State under Section 15 of the Local Government Act 1999 which has or will would in the opinion of the Agency have a Material Adverse EffectEffect in relation to the Grant Recipient's ability to deliver either the Approved Bid or a Firm Scheme;
5.1.4 a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied);
5.1.5 a breach of the Open Book Obligations and/or Transparency Obligations;
5.1.6 the GLA Agency determines (acting reasonably) that proper progress against the Grant Recipient's projections in the Approved Bid has not been made by the Grant Recipient in delivering the Approved Bid;
5.1.7 the Grant Recipient ceases operatingnot used;
5.1.8 the Grant Recipient's status as a Registered Provider is lost, relinquished lost or removed;
5.1.9 the Grant Recipient's Investment Partner status is lost or removed;
5.1.10 the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA Agency understands that such a direction or recommendation is likely to be made;
5.1.11 a breach of Condition 8 or Condition 14 or the Grant Recipient's obligations under Conditions 7.5.4;
5.1.12 a breach of the Submitted Standards in respect any of a Named ProjectConditions 7.1.1, 7.1.2 or 7.5 (other than 7.5.4);
5.1.12 5.1.13 a failure or inability by the Grant Recipient to comply with:
(a) the requirements of Condition 10Conditions 9.1 and 9.2; or
(b) any obligation to pay or repay the Agency any amounts due under this Agreement;
5.1.13 5.1.14 any other breach of the Agreement which has a Material Adverse Effect;Effect in relation to a Firm Scheme; and/or
5.1.14 5.1.15 the Grant Recipient (either by its own actions or omissions, omissions or those of its contractors or agents) xxxxx the GLA's or the RSAPAgency's reputation or brings the GLA Agency or the RSAP AHP 2015/18 into disrepute; and
5.1.15 a breach of Condition 2.7 disrepute or Condition 2.8 or Condition 4;
5.1.16 termination of a Tenancy Support Service Agreement or material amendment to a Tenancy Support Specification during the Minimum Period of Use with respect to any RSAP Dwelling comprised in the Named Project, save where this is replaced by an Alternative Tenancy Support Service Agreement;
5.1.17 any of the following events or circumstances occur:
(a) a breach of the Estate Regeneration Requirement;
(b) the Grant Recipient has failed fails to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section 8 Affordable Housing Capital Funding Guide);
(c) having regard to any planning permission obtained for the Site or reports issued to residents affected by the delivery terms of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or
(d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement;
5.1.18 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or
5.1.19 an Exemption Certificate expires or is withdrawn by the GLA;
5.1.20 the occurrence of a Minimum Period of Use Breach;
5.1.21 a breach of the Special Conditions; and
5.1.22 there has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant to Condition 4.47.8.
5.2 The Grant Recipient must notify the GLA Agency immediately in writing on the occurrence of a Default Event.
5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA Agency shall be entitled to reject the submission of any New Named Project, Additional Project Scheme or Substitute Project Scheme or Additional Scheme on OPSIMS.
5.4 Where the Default Event is:
5.4.1 an occurrence specified in Conditions Condition 5.1.3, 5.1.4, 5.1.7, 5.1.8, 5.1.95.1.9 and/or 5.1.15 the Agency shall be entitled forthwith and without any liability to the Grant Recipient terminate the Agreement;
5.4.2 an occurrence specified in Condition 5.1.1, and/or5.1.2(a), 5.1.5, 5.1.6, 5.1.10, 5.1.11 or 5.1.13 the Agency may serve notice on the Grant Recipient requiring the Grant Recipient to remedy the breach or failure and if within a period of thirty (30) Business Days following service of such notice:
(a) the breach or failure has not been remedied;
(b) where so permitted by the Agency the Grant Recipient has not given an undertaking to remedy the breach on terms satisfactory to the Agency; or
(c) if it becomes apparent that the Default Event is incapable of remedy either within such period or at all; the Agency shall be entitled on giving not less than ten (10) Business Days' notice and without any liability to the Grant Recipient to exercise the termination rights in Condition 5.5;
5.4.3 an occurrence specified in Conditions 5.1.2(b), 5.1.12, 5.1.14 or Condition 13.3.3(d), the Agency shall be entitled forthwith and without any liability to the Grant Recipient but without determining the whole of this Agreement terminate the Agreement insofar as it relates to the Firm Scheme to which the relevant occurrence relates.
5.5 Subject to Condition 5.7, where Condition 5.4.2 applies and:
5.5.1 there are no Continuing Firm Schemes, the Agency may terminate this Agreement in its entirety such termination to take effect at the end of the notice period referred to in Condition 5.4.2;
5.5.2 there are Continuing Firm Schemes the Agency may terminate this Agreement in relation to all but the Continuing Firm Schemes such termination to take effect at the end of the notice period referred to in Condition 5.4.2.
5.6 Where the Agency purports to terminate this Agreement in accordance with this Condition 5 and the Grant Recipient disputes its entitlement to do so the provisions of Condition 25 shall apply.
5.7 Condition 5.5.2 shall not apply in the circumstances contemplated in Condition 5.1.10 and in that case the provisions of Condition 5.5.1 shall be deemed to apply in place of those of Condition 5.5.2.
Appears in 1 contract
Samples: Empty Homes Agreement
Default Events. 5.1 The following circumstances shall constitute a Default Event:
5.1.1 : failure by the Grant Recipient to comply with its obligations in Condition 3 Condition 7.4, Condition 9, Condition 15 or Condition 8.5 16 and/or any information supplied in connection with its obligations in Condition 3 (including that within the Officer’s Certificate), Condition 7.4, Condition 9, Condition 15 or Condition 8.5, whether in relation to the Contract Monitoring Outputs or otherwise 16 is materially deficient, misleading or inaccurate;
5.1.2 ; the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 3 (in any case in whole or in part) or is in breach of any representation or warranty set out in such Schedule and there is likely to be a resulting Material Adverse Effect in relation to:
(a) : the Approved Bid; or
(b) a Named Project;
5.1.3 Firm Scheme; or an Indicative Scheme; an Insolvency Event has occurred in relation to the Grant Recipient is subject to a Direction or a Report which has or will have a Material Adverse Effect;
5.1.4 Recipient; a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied);
5.1.5 a breach ; the Grant Recipient fails to comply with the requirements of the Open Book Obligations;
5.1.6 the GLA Condition 7.8; Homes England determines (acting reasonably) that proper progress against the Grant Recipient's ’s projections in the Approved Bid or a Firm Scheme has not been made by the Grant Recipient in delivering the Approved Bid;
5.1.7 Bid or such Firm Scheme; the Grant Recipient ceases operating;
5.1.8 ; the Grant Recipient's ’s status as a Registered Provider is lost, relinquished or removed;
5.1.9 ; the Grant Recipient's ’s Investment Partner status is lost or removed;
5.1.10 ; the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA Homes England understands that such a direction or recommendation is likely to be made;
5.1.11 ; a breach of the Grant Recipient’s obligations under Condition 7.1.1(c), Condition 7.5.5 or Condition 17; a breach of Condition 8 7.1.1(a), or Condition 14 7.1.1(b), Condition 7.1.2, Condition 7.2, Condition 7.5 (excluding Condition 7.5.5) or a breach of the Submitted Standards in respect of a Named Project;
5.1.12 Condition 7.9; a failure or inability by the Grant Recipient to comply with:
(a) : the requirements of Condition 10Conditions 9.1 to 9.8 (as applicable); or
(b) or any obligation to pay or repay Homes England any amounts due under this Agreement;
5.1.13 ; any other breach of the Agreement which has a Material Adverse Effect;
5.1.14 Effect in relation to a Firm Scheme; the Grant Recipient (either by its own actions or omissions, or those of its contractors or agents) xxxxx Homes England’s reputation or that of the GLA's Move On Fund or brings Homes England or the RSAP's reputation or brings the GLA or the RSAP Move On Fund into disrepute; and
5.1.15 the Start on Site Date is not attained and following discussions with the Grant Recipient, Homes England (acting reasonably) considers that a breach of Condition 2.7 or Condition 2.8 or Condition 4;
5.1.16 termination of a Tenancy Support Service Agreement or material amendment Firm Scheme is unlikely to a Tenancy Support Specification during the Minimum Period of Use with respect to any RSAP Dwelling comprised in the Named Project, save where this is replaced reach Practical Completion by an Alternative Tenancy Support Service Agreement;
5.1.17 any of the following events or circumstances occur:
(a) a breach of the Estate Regeneration Requirement;
(b) 31 March 2021; and/or the Grant Recipient has failed fails to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section 8 Affordable Housing Capital Funding Guide);
(c) having regard to any planning permission obtained for the Site or reports issued to residents affected deliver a Firm Scheme by the delivery of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or
(d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement;
5.1.18 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or
5.1.19 an Exemption Certificate expires or is withdrawn by the GLA;
5.1.20 the occurrence of a Minimum Period of Use Breach;
5.1.21 a breach of the Special Conditions; and
5.1.22 there has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant to Condition 4.4.
5.2 31 March 2021. The Grant Recipient must notify the GLA Homes England immediately in writing on the occurrence of a Default Event.
5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA shall be entitled to reject the submission of any New Named Project, Additional Project or Substitute Project on OPS.
5.4 . Where the Default Event is:
5.4.1 : an occurrence specified in Condition 5.1.3, 5.1.4, 5.1.5, 5.1.7, 5.1.8, 5.1.9 and/or 5.1.15, Homes England shall be entitled forthwith and without any liability to the Grant Recipient to terminate the Agreement; an occurrence specified in Conditions 5.1.35.1.1, 5.1.45.1.2(a), 5.1.75.1.6, 5.1.85.1.10, 5.1.95.1.11 or 5.1.13 Homes England may serve notice on the Grant Recipient requiring the Grant Recipient to remedy the breach or failure and if within a period of thirty (30) Business Days following service of such notice: the breach or failure has not been remedied; where so permitted by Homes England the Grant Recipient has not given an undertaking to remedy the breach on terms satisfactory to Homes England; or if it becomes apparent that the Default Event is incapable of remedy either within such period or at all; Homes England shall be entitled on giving not less than ten (10) Business Days’ notice and without any liability to the Grant Recipient to exercise the termination rights in Condition 5.4; an occurrence specified in Conditions 5.1.2(b), and/or5.1.12, 5.1.14, 5.1.16, 5.1.17 or Condition 13.6.3(d), Homes England be entitled forthwith and without any liability to the Grant Recipient but without determining the whole of this Agreement terminate the Agreement insofar as it relates to the Firm Scheme to which the relevant occurrence relates. an occurrence specified in Condition 5.1.2(c), Homes England be entitled forthwith and without any liability to the Grant Recipient but without determining the whole of this Agreement terminate the Agreement insofar as it relates to the Indicative Scheme to which the relevant occurrence relates.
Appears in 1 contract
Samples: Grant Agreement
Default Events. 5.1 The following circumstances shall constitute a Default Event:
5.1.1 failure by the Grant Recipient to comply with its obligations in Condition 3 or Condition 8.5 16 and/or any information supplied in connection with its obligations in Condition 3 or Condition 8.516, whether in relation to the Contract Monitoring Outputs an Officer's Certificate, or otherwise otherwise, is materially deficient, misleading or inaccurate;
5.1.2 the Grant Recipient is unable to make the representations and give the warranties set out in Schedule 2 3 (in any case in whole or in part) and there is a resulting Material Adverse Effect in relation to:
(a) the Approved Bid; or
(b) a Named Project;Firm Scheme
5.1.3 the Grant Recipient is or becomes subject to a Direction or a Report direction made by the Secretary of State under Section 15 of the Local Government Act 1999 which has or will would in the opinion of the Agency have a Material Adverse EffectEffect in relation to the Grant Recipient's ability to deliver either the Approved Bid or a Firm Scheme;
5.1.4 a Prohibited Act has been committed by or on behalf of the Grant Recipient (in respect of which the Waiver Condition has not been satisfied);
5.1.5 a breach of the Open Book Obligations and/or Transparency Obligations;
5.1.6 the GLA Agency determines (acting reasonably) that proper progress against the Grant Recipient's projections in the Approved Bid has not been made by the Grant Recipient in delivering the Approved Bid;
5.1.7 the Grant Recipient ceases operatingnot used;
5.1.8 the Grant Recipient's status as a Registered Provider is lost, relinquished lost or removed;
5.1.9 the Grant Recipient's Investment Partner status is lost or removed;
5.1.10 the Regulator directs or recommends that grant is not to be paid to the Grant Recipient or the GLA Agency understands that such a direction or recommendation is likely to be made;
5.1.11 a breach of Condition 8 or Condition 14 or the Grant Recipient's obligations under Conditions 7.5.4;
5.1.12 a breach of the Submitted Standards in respect any of a Named ProjectConditions 7.1.1, 7.1.2 or 7.5 (other than 7.5.4);
5.1.12 5.1.13 a failure or inability by the Grant Recipient to comply with:
(a) the requirements of Condition 10Conditions 9.1 and 9.2; or
(b) any obligation to pay or repay the Agency any amounts due under this Agreement;
5.1.13 5.1.14 any other breach of the Agreement which has a Material Adverse Effect;Effect in relation to a Firm Scheme; and/or
5.1.14 5.1.15 the Grant Recipient (either by its own actions or omissions, omissions or those of its contractors or agents) xxxxx the GLA's or the RSAPAgency's reputation or brings the GLA Agency or the RSAP AHP 2015/18 into disrepute; and
5.1.15 a breach of Condition 2.7 disrepute or Condition 2.8 or Condition 4;
5.1.16 termination of a Tenancy Support Service Agreement or material amendment to a Tenancy Support Specification during the Minimum Period of Use with respect to any RSAP Dwelling comprised in the Named Project, save where this is replaced by an Alternative Tenancy Support Service Agreement;
5.1.17 any of the following events or circumstances occur:
(a) a breach of the Estate Regeneration Requirement;
(b) the Grant Recipient has failed fails to comply with the Estate Regeneration Requirement in circumstances where in the GLA's reasonable opinion the Estate Regeneration Requirement ought to have been complied with (having regard to section 8 Affordable Housing Capital Funding Guide);
(c) having regard to any planning permission obtained for the Site or reports issued to residents affected by the delivery terms of the Named Project, in the GLA's reasonable opinion, a breach of the Estate Regeneration Requirement is likely to occur; or
(d) in the GLA's opinion the Grant Recipient has partitioned the Site in order to avoid the application of the Resident Ballot Requirement;
5.1.18 the facts or circumstances upon which a Compliance Checklist or Exemption Certificate was provided (as applicable) change so that such certificate is no longer correct in all material respects; or
5.1.19 an Exemption Certificate expires or is withdrawn by the GLA;
5.1.20 the occurrence of a Minimum Period of Use Breach;
5.1.21 a breach of the Special Conditions; and
5.1.22 there has been a cessation of Tenancy Support Services in respect of an RSAP Dwelling and no alternative arrangement has been agreed pursuant to Condition 4.47.8.
5.2 The Grant Recipient must notify the GLA Agency immediately in writing on the occurrence of a Default Event.
5.3 Without prejudice to Condition 5.4, in the event of the occurrence of a Default Event and for so long as that Default Event subsists (or another Default Event has occurred and is continuing) the GLA Agency shall be entitled to reject the submission of any New Named Project, Additional Project Scheme or Substitute Project Scheme or Additional Scheme on OPSIMS.
5.4 Where the Default Event is:
5.4.1 an occurrence specified in Conditions 5.1.3, 5.1.4, 5.1.7, 5.1.8, 5.1.9, and/or
Appears in 1 contract
Samples: Empty Homes Agreement
