Common use of Disbursement of the Grant Clause in Contracts

Disbursement of the Grant. 1. Disbursements are made in accordance with the approved Project Implementation Plan (Annex II) based on requests for disbursements submitted by the Paying Authority. Provisions on advance payments, if any, are set out in the Grant Offer Letter (Annex I). The NMFA may retain a part of the grant as set out in the Grant Offer letter until the Project Completion Report referred to in Article 3.5 has been approved by the NMFA. 2. Before disbursement can be made, the NMFA shall be provided with a Project Interim Report both in electronic and hard copy, certified by the Focal Point and the Paying Authority in accordance with the Disbursement Guidelines and the Beneficiary State Reporting and Monitoring Guidelines. The Project Interim Report shall cover a period of at least 3 calendar months and be related to expenditures from that period. 3. When the required documents have been provided the NMFA shall verify that they are in the correct form and that the conditions for the disbursement have been met. Unless the NMFA decides to make use of remedies provided in Chapter 7, the NMFA shall as soon as possible and within two months from the receipt of the disbursement request, order its Disbursement Agent to execute the disbursement in question to the Paying Authority. Disbursements shall be made in EUR to the bank account of the Beneficiary State specified in the Grant Offer Letter (Annex I). The NMFA shall notify the Paying Authority when such disbursement order has been submitted. 4. In case of an error made in relation to a disbursement resulting in a higher amount paid than required under the Grant Agreement, the Focal Point shall, upon request from the NMFA, reimburse without delay any amount unduly disbursed. Similarly, if an error results in a lower amount paid than required, the NMFA shall, as soon as possible after being made aware of such an error, disburse the missing amount. 5. The principle of pro rata financing of costs incurred shall apply, meaning that the grant rate referred to in the Grant Offer Letter (Annex I) shall not be exceeded at any time during the implementation of the Project. This is without prejudice to Article 4.4. 6. When the disbursement has been made, and received by the Paying Authority in full, the NMFA has fulfilled its obligations relating to that disbursement.

Disbursement of the Grant. 1. Disbursements are made in accordance with the approved Project Implementation Plan (Annex II) based on requests for disbursements submitted by the Paying Authority. Provisions on advance payments, if any, are set out in the Grant Offer Letter (Annex I). The NMFA Financial Mechanism Committee may retain a part up to 5% of the grant as set out in the Grant Offer letter total project cost until the Project Completion Report referred to in Article 3.5 has been approved by the NMFAFinancial Mechanism Committee. 2. Before disbursement can be made, the NMFA Financial Mechanism Committee shall be provided with a Project Interim Report both in electronic and hard copy, certified by the Focal Point and the Paying Authority in accordance with the Disbursement Guidelines and the Beneficiary State Reporting and Monitoring Guidelines. The Project Interim Report shall cover a period of at least 3 calendar months and be related to expenditures from that period. 3. When the required documents have been provided the NMFA Financial Mechanism Committee shall verify that they are in the correct form and that the conditions for the disbursement have been met. Unless the NMFA Financial Mechanism Committee decides to make use of remedies provided in Chapter 7, the NMFA Financial Mechanism Committee shall as soon as possible and within two months from the receipt of the disbursement request, order its Disbursement Agent to execute the disbursement in question to the Paying Authority. Disbursements shall be made in EUR to the bank account of the Beneficiary State specified in the Grant Offer Letter (Annex I). The NMFA Financial Mechanism Committee shall notify the Paying Authority when such disbursement order has been submitted. 4. In case of an error made in relation to a disbursement resulting in a higher amount paid than required under the Grant Agreement, the Focal Point shall, upon request from the NMFAFinancial Mechanism Committee, reimburse without delay any amount unduly disbursed. Similarly, if an error results in a lower amount paid than required, the NMFA Financial Mechanism Committee shall, as soon as possible after being made aware of such an error, disburse the missing amount. 5. The principle of pro rata financing of costs incurred shall apply, meaning that the grant rate referred to in the Grant Offer Letter (Annex I) shall not be exceeded at any time during the implementation of the Project. This is without prejudice to Article 4.4. 6. When the disbursement has been made, and received by the Paying Authority in full, the NMFA Financial Mechanism Committee has fulfilled its obligations relating to that disbursement.

Disbursement of the Grant. 1In line with UK financial rules and regulations, disbursements, in advance of operational need should only be made when they have been properly justified. Disbursements This justification will need to be set out in writing as part of this arrangement. All payments will be made on submission of an appropriate claim from the Government, or where applicable, the acting, Procurement Agent. All claims should be accompanied by any relevant supporting documents and should include the necessary information to allow DFID to make payments to the bank details provided in Annex 3. The Request for Payment template in Annex 4 sets out the recommended format for this information which must include the following information: Title of Grant Project location/official address Amount of claim Details of expenditure (Type of expenditure including how the amount claimed is calculated, material purchased, labour used, name of supplier/contractor, services used etc.) Bank account details (To corroborate with the Bank details provided in Annex 3) Details of audit discharge being applied to the project and confirmation that the relevant audit authority has been informed of the claim. (See audit discharge options below) All claims must also include the following certification statements: “I certify that this claim is correct and that the sum requested is properly due on the basis of the information provided, project objectives and on the work carried out or future work plans. I have the authority to sign this on behalf of the Government of…” All outstanding claims should be submitted within 6 months of the project end date. Any monies paid out and subsequently to be refunded to the Government by a contractor or by a guarantor must be returned to DFID by the contractor or guarantor For expenditure where audit discharge is not received through the submission of invoices and supporting documentation, there are three options through which audit discharge can be ascertained. These are: A Partner Government certifies that a particular sum of money has been spent on approved purposes and this statement is independently audited and a certificate given by a local independent audit authority. Each annual audited statement is provided in triplicate to DFID and is countersigned by the appropriate audit authority; it shows the drawing made from the Grant and the actual expenditure incurred during each financial year and certifies that the expenditure was incurred in accordance with the approved Project Implementation Plan (Annex II) based on requests for disbursements submitted by the Paying Authority. Provisions on advance payments, if any, are set out in the Grant Offer Letter (Annex I). The NMFA may retain a part provisions of the grant as set out in MOU and any provisions on which the Grant Offer letter until the Project Completion Report referred to in Article 3.5 has been approved by the NMFA. 2. Before disbursement can be made, the NMFA shall be provided with a Project Interim Report both in electronic and hard copy, certified by the Focal Point and the Paying Authority in accordance with the Disbursement Guidelines and the Beneficiary State Reporting and Monitoring Guidelines. The Project Interim Report shall cover a period of at least 3 calendar months and be related to expenditures from that period. 3. When the required documents have been provided the NMFA shall verify that they are in the correct form and that the conditions project/programme was accepted for the disbursement have been met. Unless the NMFA decides to make use of remedies provided in Chapter 7, the NMFA shall as soon as possible and within two months financing from the receipt of the disbursement request, order its Disbursement Agent Grant. Completed Annual Audited Accounts relating to execute the disbursement in question to the Paying Authority. Disbursements shall expenditure actually and necessarily incurred and paid within a particular financial year must be made in EUR to the bank account of the Beneficiary State specified in the Grant Offer Letter (Annex I). The NMFA shall notify the Paying Authority when such disbursement order has been submitted. 4. In case of an error made in relation to a disbursement resulting in a higher amount paid than required under the Grant Agreement, the Focal Point shall, upon request from the NMFA, reimburse without delay any amount unduly disbursed. Similarly, if an error results in a lower amount paid than required, the NMFA shall, as soon as possible after being made aware of such an error, disburse the missing amount. 5. The principle of pro rata financing of costs incurred shall apply, meaning that the grant rate referred to in the Grant Offer Letter (Annex I) shall not be exceeded at any time during the implementation of the Project. This is without prejudice to Article 4.4. 6. When the disbursement has been made, and received by the Paying Authority in full, UK Government no later than 9 months after the NMFA has fulfilled its obligations relating to that disbursementend of the recipient’s financial year.

Disbursement of the Grant. 1a) After the Effective Date, the Department will disburse Grant funds to Grantee on a reimbursement basis as the Project progresses. Disbursements are made in accordance Grantee shall submit a request for disbursement consistent with the approved Project Implementation Plan (Annex II) procedures set forth in the Program Guides. A request for disbursement shall identify in detail all expenses incurred for which reimbursement is being sought and shall have attached copies of the supporting invoices and other documentation of such expenses as required by the Office. A request for disbursement must be based on requests the actual expenses incurred by Grantee for disbursements submitted by the Paying Authority. Provisions on advance paymentseligible, if anyapproved grant activities, are set out in and Grantee’s actual disbursement for eligible, approved grant activities. b) Requests for disbursement should be made allowing at minimum thirty (30) calendar days to receive the Grant Offer Letter (Annex I)funds. The NMFA may retain a part of request shall not exceed the grant as set out in the Grant Offer letter until the Project Completion Report referred to in Article 3.5 has been eligible costs incurred and approved by the NMFADepartment. The Department, in its sole reasonable discretion, may disburse funds for eligible costs anticipated to be incurred or costs incurred prior to the Effective Date. 2. Before disbursement can be made, c) The Department shall have the NMFA shall be provided right at any time to request that Grantee provide additional reasonable supporting documentation with a Project Interim Report both in electronic and hard copy, certified by the Focal Point and the Paying Authority in accordance with the Disbursement Guidelines and the Beneficiary State Reporting and Monitoring Guidelines. The Project Interim Report shall cover a period of at least 3 calendar months and be related to expenditures from that periodany request for payment. 3. When d) The Department reserves the required documents have been provided the NMFA shall verify that they are right not to disburse any Grant funds if, in the correct form and that the conditions Department’s determination: i) Grantee has failed to supply a material fact in a request for the disbursement have been met. Unless the NMFA decides to make use of remedies provided in Chapter 7, the NMFA shall as soon as possible and within two months from the receipt of the disbursement; ii) Xxxxxxx’s disbursement request, order its Disbursement Agent to execute when combined with all prior disbursement requests, exceeds the disbursement in question to the Paying Authority. Disbursements shall be made in EUR to the bank account total amount of the Beneficiary State specified in Grant; iii) Grantee has used any portion of the Grant Offer Letter (Annex I). The NMFA shall notify for uses or activities other than the Paying Authority when such disbursement order has been submitted. 4. In case of an error made in relation to a disbursement resulting Project, or in a higher amount paid than required under manner inconsistent with the Grant terms and conditions of this Agreement, the Focal Point shallAct, upon request from the NMFARegulations, reimburse without delay any amount unduly disbursed. Similarly, if an error results and the Guides; iv) Grantee is not performing or completing the Project in a lower amount paid than required, manner reasonably satisfactory to the NMFA shall, as soon as possible after being made aware of such an error, disburse the missing amountDepartment; or v) Grantee is in default under any other term or condition contained in this Agreement. 5. The principle of pro rata financing of costs incurred shall apply, meaning that the grant rate referred to in the Grant Offer Letter (Annex I) shall not be exceeded at any time during the implementation of the Project. This is without prejudice to Article 4.4. 6. When the disbursement has been made, and received by the Paying Authority in full, the NMFA has fulfilled its obligations relating to that disbursement.

Disbursement of the Grant. ORS shall disburse Grant funds to Grantee, subject to completion of Exhibit D, and Exhibit D Attachments 1-4 (where applicable), to the satisfaction of ORS. Disbursements are made Draft 1) Upon completion of the Project, Grantee shall submit: a. An Application for Disbursement (Exhibit D); b. A completed Affidavit of Completion, Eligible Expenses (Exhibit D, Attachment 1) Project Close Out, Attestation (Exhibit D, Attachment 2), Xxxxx Xxxxx Certification (Exhibit D, Attachment 3), and Build America, Buy America Certification (Exhibit D, Attachment 4); c. A summary of expenses and summary statistics, (as defined in accordance with the approved Project Implementation Plan (Annex IISection III.D(2) based below); d. Detailed invoice(s) provided certified, on requests for disbursements submitted company letterhead, signed by the Paying AuthorityPresident, Chief Executive Officer, or Chief Financial Officer, and delivered by electronic means to the ORS Manager of Finance. Provisions By submitting an Application for Disbursement, Affidavit of Completion, and other documentation referenced above, Grantee certifies or affirms that the necessary work has been completed, that the Eligible Expenses related to the Project are authorized and allowable for determining the amount of Grant funds to be disbursed pursuant to this Agreement, and that Grantee is entitled to the disbursement of Grant funds pursuant to this Agreement. 2) An Application for Disbursement shall identify the total number of structures listed in Exhibit A to be served, the total number of structures that have service available, and the corresponding percent of structures served. Grantee must provide a calculation of the total linear feet of all fiber and/or cable used in the construction of the middle/last mile fiber (excluding drops to businesses or homes). Statistics provided should closely align with GIS Shapefile deliverables. In addition, Grantee shall provide a summary of all expenses that were incurred throughout the Project and that are authorized and allowable for reimbursement pursuant to this Agreement in the format required by ORS. 3) ORS, in its sole discretion, may authorize the disbursement of funds on advance paymentsa percent completion basis calculated as: Total Number of Structures Available to be Served divided by Total Number of Structures to be Completed as indicated in Exhibit A. 4) ORS will not authorize disbursement of funds until, in its sole discretion, sufficient documentation is received showing the facilities are active within the Project Area. 5) ORS will not authorize late fees to Grantee and Grantee shall not be entitled to any late fees on the compensation due to Grantee under the terms of this Agreement. Draft 6) Grantee shall pay its subcontractor(s), if any. ORS and the State have no liability for payment to any subcontractors utilized by Grantee. 7) ORS will not authorize full payment of funds if Grantee withholds retainage from any subcontractors. 8) Except as excused by a force majeure event (see Section X), are set out in the Grant Offer Letter (Annex I). The NMFA may retain a part of event the grant as set out in the Grant Offer letter until Project is not completed by the Project Completion Report referred Date, Grantee shall not be entitled to in Article 3.5 has been approved by the NMFA. 2. Before disbursement can be made, the NMFA shall be provided with a Project Interim Report both in electronic and hard copy, certified by the Focal Point and the Paying Authority in accordance with the Disbursement Guidelines and the Beneficiary State Reporting and Monitoring Guidelines. The Project Interim Report shall cover a period of at least 3 calendar months and be related to expenditures from that period. 3. When the required documents have been provided the NMFA shall verify that they are in the correct form and that the conditions for the disbursement have been met. Unless the NMFA decides to make use of remedies provided in Chapter 7, the NMFA shall as soon as possible and within two months receive Grant funds from the receipt Program, shall withdraw any request for a disbursement of the disbursement requestGrant funds pursuant to this Agreement, order its Disbursement Agent and shall agree to execute the disbursement in question to the Paying Authority. Disbursements shall be made in EUR to the bank account of the Beneficiary State specified in the Grant Offer Letter (Annex I). The NMFA shall notify the Paying Authority when such disbursement order has been submitted. 4. In case of an error made in relation waive any claims to a disbursement resulting in a higher amount paid than required under the of Grant Agreement, the Focal Point shall, upon request funds from the NMFA, reimburse without delay any amount unduly disbursed. Similarly, if an error results in a lower amount paid than required, the NMFA shall, as soon as possible after being made aware of such an error, disburse the missing amountProgram. 59) ORS has the right to withhold or deny the disbursement of Grant funds if ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project. The principle of pro rata financing of costs incurred ORS shall apply, meaning that have the grant rate referred to in the Grant Offer Letter (Annex I) shall not be exceeded right at any time during to request that Grantee provide additional supporting documentation with any request for payment. ORS will authorize the implementation disbursement of any withheld or denied funds upon Xxxxxxx remedying an issue that resulted in the withholding or denial of Grant funds to ORS’s satisfaction and in ORS’s sole discretion. 10) If ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project, ORS retains the right to pursue any legal remedy, including, but not limited to, the recoupment or clawback of the Grant, whether pursuant to 31 C.F.R. § 35.10 or otherwise, and to the extent applicable, any costs and attorneys’ fees expended or incurred by ORS in pursuing such legal remedies. Draft 11) Throughout the duration of the Project, ORS, in its sole and absolute discretion, has the right to review the status of the Project. This Xxxxxxx acknowledges and agrees that ORS has final discretion as to the determination of the Project completion and its compliance with this Agreement, and that ORS also has the sole right and option, to disburse a portion of the Grant amount, which portion shall be determined by ORS if the Project fails to fully satisfy the terms of this Agreement. For example, if the approved project identified 2,000 households/businesses could be served but if ORS, in its sole discretion, determines that only 50% of the Project is without prejudice completed (i.e., only 1,000 households/businesses have broadband service available), ORS, in its sole discretion, may, but shall not be required to, limit the disbursement to Article 4.4the lesser of (a) 50% of the Grant amount, or (b) 50% of eligible expenses, subject to the agreed upon Project match. Notwithstanding this Section, however, ORS retains the right, and Xxxxxxx hereby agrees, that ORS may deny and withhold any disbursement of Grant funds in the event the Project is not fully completed by the Completion Date. Failure to complete priority areas outlined in Exhibit L and Exhibit M, may result in forfeiture of Grant funding and the obligation to reimburse to ORS any Grant funds previously disbursed to the Grantee. 612) The disbursement of the Grant funds shall be the only and the complete payment to Grantee for all expenses, of whatever nature, incurred by Xxxxxxx and claimed as Eligible Expenses under this Agreement. When However, under this Agreement, the State has no liabilities to Grantee other than the disbursement has been madeof Grant funds pursuant to this Agreement and subject to completion of a qualifying project as described herein. 13) Disbursement of the Grant funds will be made by ORS either by check or an automatic clearing house (ACH) transaction, depending on Grantee’s vendor registration. 14) ORS will withhold 3% of the awarded funds as retainage until such time grantee submits their FCC Broadband Data Collection (BDC) filing following the completion of the project to both the FCC and received by the Paying Authority SCBBO. The filing must show grantee reports all BSLs in full, the NMFA has fulfilled its obligations relating project area are now served. Grantees must provide copies of BDC timestamped submission confirmations (PDF) from the FCC to that disbursementthe SCBBO for review and approval prior to the release of the retainage.

Disbursement of the Grant. 1a) After the Effective Date, the Department will disburse Grant funds to Grantee on a reimbursement basis as the Project progresses. Disbursements are made in accordance Grantee shall submit a request for disbursement consistent with the approved Project Implementation Plan (Annex II) procedures set forth in the Program Guides, including the Office’s Contracting and Procedures Guide, as amended. A request for disbursement shall identify in detail all expenses incurred for which reimbursement is being sought, and shall have attached copies of the supporting invoices and other documentation of such expenses as required by the Office. A request for disbursement must be based on requests the actual expenses incurred by Grantee for disbursements submitted by the Paying Authority. Provisions on advance paymentseligible, if anyapproved grant activities, are set out in and Grantee’s actual disbursement for eligible, approved grant activities. b) Requests for disbursement should be made allowing at minimum thirty (30) calendar days to receive the Grant Offer Letter (Annex I)funds. The NMFA may retain a part of request shall not exceed the grant as set out in the Grant Offer letter until the Project Completion Report referred to in Article 3.5 has been eligible costs incurred and approved by the NMFADepartment. The Department, in its sole discretion, may disburse funds for eligible costs anticipated to be incurred or costs incurred prior to the Effective Date. 2. Before disbursement can be made, c) The Department shall have the NMFA shall be provided right at any time to request that Grantee provide additional reasonable supporting documentation with a Project Interim Report both in electronic and hard copy, certified by the Focal Point and the Paying Authority in accordance with the Disbursement Guidelines and the Beneficiary State Reporting and Monitoring Guidelines. The Project Interim Report shall cover a period of at least 3 calendar months and be related to expenditures from that periodany request for payment. 3. When d) The Department reserves the required documents have been provided the NMFA shall verify that they are right not to disburse any Grant funds if, in the correct form and that the conditions Department’s determination: i) Grantee has failed to supply a material fact in a request for the disbursement have been met. Unless the NMFA decides to make use of remedies provided in Chapter 7, the NMFA shall as soon as possible and within two months from the receipt of the disbursement; ii) Xxxxxxx’s disbursement request, order its Disbursement Agent to execute when combined with all prior disbursement requests, exceeds the disbursement in question to the Paying Authority. Disbursements shall be made in EUR to the bank account total amount of the Beneficiary State specified in Grant; iii) Grantee has used any portion of the Grant Offer Letter (Annex I). The NMFA shall notify for uses or activities other than the Paying Authority when such disbursement order has been submitted. 4. In case of an error made in relation to a disbursement resulting Project, or in a higher amount paid than required under manner inconsistent with the Grant terms and conditions of this Agreement, the Focal Point shallAct, upon request from the NMFARegulations, reimburse without delay any amount unduly disbursed. Similarly, if an error results and the Guides; iv) Grantee is not performing or completing the Project in a lower amount paid than required, manner satisfactory to the NMFA shall, as soon as possible after being made aware of such an error, disburse the missing amountDepartment; or v) Grantee is in default under any other term or condition contained in this Agreement. 5. The principle of pro rata financing of costs incurred shall apply, meaning that the grant rate referred to in the Grant Offer Letter (Annex I) shall not be exceeded at any time during the implementation of the Project. This is without prejudice to Article 4.4. 6. When the disbursement has been made, and received by the Paying Authority in full, the NMFA has fulfilled its obligations relating to that disbursement.