Firm Scheme substitution and additions. 9.1 The Grant Recipient may request Homes England to accept the substitution of a different scheme (a Substitute Scheme) in place of an Undeliverable Scheme or a Withdrawn Scheme. 9.2 If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England through IMS such details of the relevant Substitute Scheme as Homes England may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause 5.2 (Firm Schemes) in relation to a Firm Scheme. 9.3 Homes England shall consider the submitted details and if Homes England is satisfied: 9.3.1 with the information provided; 9.3.2 with the level of grant funding requested; 9.3.3 with the frequency of grant payment requested; 9.3.4 that the Substitute Scheme offers value for money; 9.3.5 that the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution); 9.3.6 that the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement; 9.3.7 that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and the Substitute Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS); 9.3.8 that no Bid Default, Fundamental Default nor Specified Default subsists; and 9.3.9 that the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Firm Scheme substitution and additions.
9.1 The Grant Recipient may request Homes England to accept the substitution of a different scheme (a Substitute Scheme) in place of an Undeliverable Scheme or a Withdrawn Scheme.
9.2 . If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England through IMS such details of the relevant Substitute Scheme as Homes England may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 . Homes England shall consider the submitted details and if Homes England is satisfied:
9.3.1 : with the information provided;
9.3.2 ; with the level of grant funding requested;
9.3.3 ; with the frequency of grant payment requested;
9.3.4 ; that the Substitute Scheme offers value for money;
9.3.5 ; that the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 ; that the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 ; that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and the Substitute Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS);
9.3.8 ; that no Bid Default, Fundamental Default nor Specified Default subsists; and
9.3.9 and that the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme. Where Homes England accepts a Substitute Scheme into the Approved Capital Bid pursuant to Clause 9.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS. With effect from the date of Home's England's confirmation under Clause 9.4 (Firm Scheme substitution and additions): the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement; the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by Homes England through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such Substitute Scheme. It is agreed by the parties that any Firm Scheme Grant received by the Grant Recipient in relation to the Undeliverable Scheme shall be deemed to have been received by the Grant Recipient in relation to the Substitute Scheme on the basis recorded in IMS. The Grant Recipient acknowledges and agrees that an Undeliverable Scheme constitutes a "project" for the purposes of and falls within paragraph 7(e) of the Recovery Determination. The parties shall be entitled from time to time to agree to add Additional Schemes to those comprised within the Original Approved Capital Bid. Where Clause 9.8 (Firm Scheme substitution and additions) applies, the Grant Recipient shall submit to Homes England through IMS such details of the proposed Additional Scheme as Homes England may require. In submitting such details, the Grant Recipient makes the same representations and warranties in relation to the proposed Additional Scheme as it makes to Homes England pursuant to Clause 5.2 (Firm Schemes). the Additional Scheme offers value for money; the Grant Recipient's performance in respect of other Firm Schemes comprised within the Approved Capital Bid has been of an acceptable standard and has satisfied the terms of this Agreement; Start on Site for the Additional Scheme will occur on or before 30 September 2025 (or such other date as Homes England may in its absolute discretion agree) and the Additional Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS); no Bid Default, Fundamental Default nor Specified Default subsists; and the Submitted Standards and the Strategic Objectives submitted in respect of such Additional Scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Additional Scheme into the Approved Capital Bid. Where Homes England accepts an Additional Scheme into the Approved Capital Bid pursuant to Clause 9.10 (Firm Scheme substitution and additions) it shall confirm such acceptance to the Grant Recipient through IMS. With effect from the date of Home's England's confirmation under Clause 9.11 (Firm Scheme substitution and additions): the Additional Scheme shall be deemed to be a Firm Scheme for the purposes of this Agreement and immediately subject to its whole terms and conditions; the details set out by the Grant Recipient in respect of the Additional Scheme in IMS and as confirmed by Homes England through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such new Firm Scheme. If Homes England agrees to make available any grant funding in relation to a Substitute Scheme or Additional Scheme, the Allocated Capital Grant will (subject to Clause 9.6 (Firm Scheme substitution and additions)) be deemed to be increased or decreased (as appropriate) by the Firm Scheme Grant agreed by Homes England in IMS in relation to the relevant Firm Scheme.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Firm Scheme substitution and additions.
9.1 8.1 The Grant Recipient may may, where he considers (acting reasonably) that a Firm Scheme constitutes an Undeliverable Scheme, request Homes England the Agency to accept the substitution of a different scheme (a Substitute Scheme) in place of an the Undeliverable Scheme or a Withdrawn Scheme.
9.2 8.2 If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England the Agency through IMS such details of the relevant Substitute Scheme as Homes England the Agency may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause Condition 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 Homes England 8.3 The Agency shall consider the submitted details and if Homes England the Agency is satisfied:
9.3.1 satisfied (a) with the information provided;
9.3.2 with , (b) the level of grant funding requested;requested and (c) that:
9.3.3 with the frequency of grant payment requested;
9.3.4 that 8.3.1 the Substitute Scheme offers value for money;
9.3.5 that 8.3.2 the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 that 8.3.3 the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and 8.3.4 the Substitute Scheme can be fully delivered by 31 March 2026 2018 (or such other earlier date agreed by Homes England (in its absolute discretion) as is set out in IMS);
9.3.8 that 8.3.5 no Bid Default, Fundamental Default nor Specified Default subsists; and
9.3.9 that 8.3.6 the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England satisfactory the Agency shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme.
8.4 Where the Agency accepts a Substitute Scheme into the Approved Bid pursuant to Condition 8.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS.
8.5 With effect from the Substitute Scheme Acceptance Date:
8.5.1 the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement; and
8.5.2 the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by the Agency through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement.
8.6 It is agreed by the parties that any Firm Scheme Grant received by the Grant Recipient in relation to the Undeliverable Scheme shall be deemed to have been received by the Grant Recipient in relation to the Substitute Scheme.
8.7 The parties shall be entitled from time to time to agree to add Additional Schemes to those comprised within the Original Approved Bid.
8.8 Where Condition 8.7 (Firm Scheme substitution and additions) applies, the Grant Recipient shall submit to the Agency through IMS such details of the proposed Additional Scheme as the Agency may require. In submitting such details, the Grant Recipient makes the same representations and warranties in relation to the proposed Additional Scheme as it makes to the Agency pursuant to Condition 5.2 (Firm Schemes).
8.9 The Agency shall consider the Additional Scheme and if the Agency is satisfied that:
8.9.1 the Additional Scheme offers value for money;
8.9.2 the Grant Recipient’s performance in respect of other Firm Schemes comprised within the Approved Bid has been of an acceptable standard and has satisfied the terms of this Agreement;
8.9.3 the Additional Scheme can be fully delivered by 31 March 2018 (or such other date as is set out and agreed by the Agency in and through IMS);
8.9.4 no Bid Default, Fundamental Default nor Specified Default subsists;
8.9.5 the Submitted Standards submitted in respect of such scheme by the Grant Recipient are satisfactory the Agency shall be entitled (but not obliged) to accept the Additional Scheme into the Approved Bid.
8.10 Where the Agency accepts an Additional Scheme into the Approved Bid pursuant to Condition 8.9 (Firm Scheme substitutions and additions) it shall confirm such acceptance to the Grant Recipient through IMS.
8.11 With effect from the Additional Scheme Acceptance Date:
8.11.1 the Additional Scheme shall be deemed to be a Firm Scheme for the purposes of this Agreement and immediately subject to its whole terms and conditions;
8.11.2 the details set out by the Grant Recipient in respect of the Additional Scheme in IMS and as confirmed by the Agency through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and
8.11.3 the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such new Firm Scheme.
8.12 If the Agency agrees to make available any grant funding in relation to a Substitute Scheme or Additional Scheme, the Allocated Grant will (subject to Condition 8.6 (Firm Scheme substitution and additions)) be deemed to be increased or decreased (as appropriate) by the Firm Scheme Grant agreed by the Agency in IMS in relation to the relevant Firm Scheme.
Appears in 1 contract
Samples: Grant Agreement
Firm Scheme substitution and additions.
9.1 The Grant Recipient may request Homes England to accept the substitution of a different scheme (a Substitute Scheme) in place of an Undeliverable Scheme or a Withdrawn Scheme.
9.2 If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England through IMS such details of the relevant Substitute Scheme as Homes England may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 Homes England shall consider the submitted details and if Homes England is satisfied:
9.3.1 with the information provided;
9.3.2 with the level of grant funding requested;
9.3.3 with the frequency of grant payment requested;
9.3.4 that the Substitute Scheme offers value for money;
9.3.5 that the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 that the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and the Substitute Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS);
9.3.8 that no Bid Default, Fundamental Default nor Specified Default subsists; and
9.3.9 that the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme.
9.4 Where Homes England accepts a Substitute Scheme into the Approved Capital Bid pursuant to Clause 9.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS.
9.5 With effect from the date of Home's England's confirmation under Clause 9.4 (Firm Scheme substitution and additions):
9.5.1 the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement;
9.5.2 the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by Homes England through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and
9.5.3 the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such Substitute Scheme.
9.6 It is agreed by the parties that any Firm Scheme Grant received by the Grant Recipient in relation to the Undeliverable Scheme shall be deemed to have been received by the Grant Recipient in relation to the Substitute Scheme on the basis recorded in IMS.
9.7 The Grant Recipient acknowledges and agrees that an Undeliverable Scheme constitutes a "project" for the purposes of and falls within paragraph 7(e) of the Recovery Determination.
9.8 The parties shall be entitled from time to time to agree to add Additional Schemes to those comprised within the Original Approved Capital Bid.
Appears in 1 contract
Samples: Grant Agreement
Firm Scheme substitution and additions.
9.1 8.1 The Grant Recipient may may, where he considers (acting reasonably) that a Firm Scheme constitutes an Undeliverable Scheme, request Homes England the Agency to accept the substitution of a different scheme (a Substitute Scheme) in place of an the Undeliverable Scheme or a Withdrawn Scheme.
9.2 8.2 If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England the Agency through IMS such details of the relevant Substitute Scheme as Homes England the Agency may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause Condition 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 Homes England 8.3 The Agency shall consider the submitted details and if Homes England the Agency is satisfied:
9.3.1 satisfied (a) with the information provided;
9.3.2 with , (b) the level of grant funding requested;requested and (c) that:
9.3.3 with the frequency of grant payment requested;
9.3.4 that 8.3.1 the Substitute Scheme offers value for money;
9.3.5 that 8.3.2 the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 that 8.3.3 the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and 8.3.4 the Substitute Scheme can be fully delivered by 31 March 2026 2018 (or such other earlier date agreed by Homes England (in its absolute discretion) as is set out in IMS);
9.3.8 that 8.3.5 no Bid Default, Fundamental Default nor Specified Default subsists; and;
9.3.9 that 8.3.6 the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England ; and
8.3.7 the Substitute Scheme has received the support of the Local Housing Authority (which it acknowledges will be verified by the Agency with the Local Housing Authority) the Agency shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme.
8.4 Where the Agency accepts a Substitute Scheme into the Approved Bid pursuant to Condition 8.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS.
8.5 With effect from the Substitute Scheme Acceptance Date:
8.5.1 the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement; and
8.5.2 the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by the Agency through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement.
8.6 It is agreed by the parties that any Firm Scheme Grant received by the Grant Recipient in relation to the Undeliverable Scheme shall be deemed to have been received by the Grant Recipient in relation to the Substitute Scheme.
8.7 The parties shall be entitled from time to time to agree to add Additional Schemes to those comprised within the Original Approved Bid.
8.8 Where Condition 8.7 (Firm Scheme substitution and additions) applies, the Grant Recipient shall submit to the Agency through IMS such details of the proposed Additional Scheme as the Agency may require. In submitting such details, the Grant Recipient makes the same representations and warranties in relation to the proposed Additional Scheme as it makes to the Agency pursuant to Condition 5.2 (Firm Schemes).
8.9 The Agency shall consider the Additional Scheme and if the Agency is satisfied that:
8.9.1 the Additional Scheme offers value for money;
8.9.2 the Grant Recipient’s performance in respect of other Firm Schemes comprised within the Approved Bid has been of an acceptable standard and has satisfied the terms of this Agreement;
8.9.3 the Additional Scheme can be fully delivered by 31 March 2018 (or such other date as is set out and agreed by the Agency in and through IMS);
8.9.4 no Bid Default, Fundamental Default nor Specified Default subsists;
8.9.5 the Submitted Standards submitted in respect of such scheme by the Grant Recipient are satisfactory; and
8.9.6 the Additional Scheme has received the support of the Local Housing Authority (which it acknowledges will be verified by the Agency with the Local Housing Authority) the Agency shall be entitled (but not obliged) to accept the Additional Scheme into the Approved Bid.
8.10 Where the Agency accepts an Additional Scheme into the Approved Bid pursuant to Condition 8.9 (Firm Scheme substitutions and additions) it shall confirm such acceptance to the Grant Recipient through IMS.
8.11 With effect from the Additional Scheme Acceptance Date:
8.11.1 the Additional Scheme shall be deemed to be a Firm Scheme for the purposes of this Agreement and immediately subject to its whole terms and conditions;
8.11.2 the details set out by the Grant Recipient in respect of the Additional Scheme in IMS and as confirmed by the Agency through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and
8.11.3 the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such new Firm Scheme.
8.12 If the Agency agrees to make available any grant funding in relation to a Substitute Scheme or Additional Scheme, the Allocated Grant will (subject to Condition 8.6 (Firm Scheme substitution and additions)) be deemed to be increased or decreased (as appropriate) by the Firm Scheme Grant agreed by the Agency in IMS in relation to the relevant Firm Scheme.
Appears in 1 contract
Samples: Grant Agreement
Firm Scheme substitution and additions.
9.1 8.1 The Grant Recipient may may, where he considers (acting reasonably) that a Firm Scheme constitutes an Undeliverable Scheme, request Homes England the Agency to accept the substitution of a different scheme (a Substitute Scheme) in place of an the Undeliverable Scheme or a Withdrawn Scheme.
9.2 8.2 If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England the Agency through IMS such details of the relevant Substitute Scheme as Homes England the Agency may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause Condition 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 Homes England 8.3 The Agency shall consider the submitted details and if Homes England the Agency is satisfied:
9.3.1 satisfied (a) with the information provided;
9.3.2 with , (b) the level of grant funding requested;requested and (c) that:
9.3.3 with the frequency of grant payment requested;
9.3.4 that 8.3.1 the Substitute Scheme offers value for money;
9.3.5 that 8.3.2 the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 that 8.3.3 the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and 8.3.4 the Substitute Scheme can be fully delivered by 31 March 2026 2018 (or such other earlier date agreed by Homes England (in its absolute discretion) as is set out in IMS);
9.3.8 that 8.3.5 no Bid Default, Fundamental Default nor Specified Default subsists; and;
9.3.9 that 8.3.6 the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England ; and
8.3.7 the Substitute Scheme has received the support of the Local Housing Authority (which it acknowledges will be verified by the Agency with the Local Housing Authority) the Agency shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme.
8.4 Where the Agency accepts a Substitute Scheme into the Approved Bid pursuant to Condition 8.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS.
8.5 With effect from the Substitute Scheme Acceptance Date:
8.5.1 the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement; and
8.5.2 the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by the Agency through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement.
8.6 It is agreed by the parties that any Firm Scheme Grant received by the Grant Recipient in relation to the Undeliverable Scheme shall be deemed to have been received by the Grant Recipient in relation to the Substitute Scheme.
8.7 The Grant Recipient acknowledges and agrees that an Undeliverable Scheme constitutes a "project" for the purposes of and falls within Paragraph 7(e) of the Recovery Determination.
8.8 The parties shall be entitled from time to time to agree to add Additional Schemes to those comprised within the Original Approved Bid.
8.9 Where Condition 8.8 (Firm Scheme substitution and additions) applies, the Grant Recipient shall submit to the Agency through IMS such details of the proposed Additional Scheme as the Agency may require. In submitting such details, the Grant Recipient makes the same representations and warranties in relation to the proposed Additional Scheme as it makes to the Agency pursuant to Condition 5.2 (Firm Schemes).
8.10 The Agency shall consider the Additional Scheme and if the Agency is satisfied that:
8.10.1 the Additional Scheme offers value for money;
8.10.2 the Grant Recipient’s performance in respect of other Firm Schemes comprised within the Approved Bid has been of an acceptable standard and has satisfied the terms of this Agreement;
8.10.3 the Additional Scheme can be fully delivered by 31 March 2018 (or such other date as is set out and agreed by the Agency in and through IMS);
8.10.4 no Bid Default, Fundamental Default nor Specified Default subsists;
8.10.5 the Submitted Standards submitted in respect of such scheme by the Grant Recipient are satisfactory; and
8.10.6 the Additional Scheme has received the support of the Local Housing Authority (which it acknowledges will be verified by the Agency with the Local Housing Authority) the Agency shall be entitled (but not obliged) to accept the Additional Scheme into the Approved Bid.
8.11 Where the Agency accepts an Additional Scheme into the Approved Bid pursuant to Condition 8.10 (Firm Scheme substitutions and additions) it shall confirm such acceptance to the Grant Recipient through IMS.
8.12 With effect from the Additional Scheme Acceptance Date:
8.12.1 the Additional Scheme shall be deemed to be a Firm Scheme for the purposes of this Agreement and immediately subject to its whole terms and conditions;
8.12.2 the details set out by the Grant Recipient in respect of the Additional Scheme in IMS and as confirmed by the Agency through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and
8.12.3 the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such new Firm Scheme.
8.13 If the Agency agrees to make available any grant funding in relation to a Substitute Scheme or Additional Scheme, the Allocated Grant will (subject to Condition 8.6 (Firm Scheme substitution and additions)) be deemed to be increased or decreased (as appropriate) by the Firm Scheme Grant agreed by the Agency in IMS in relation to the relevant Firm Scheme.
Appears in 1 contract
Samples: Grant Agreement
Firm Scheme substitution and additions.
9.1 The Grant Recipient may request Homes England to accept the substitution of a different scheme (a Substitute Scheme) in place of an Undeliverable Scheme or a Withdrawn Scheme.
9.2 If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England through IMS such details of the relevant Substitute Scheme as Homes England may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 Homes England shall consider the submitted details and if Homes England is satisfied:
9.3.1 with the information provided;
9.3.2 with the level of grant funding requested;
9.3.3 with the frequency of grant payment requested;
9.3.4 that the Substitute Scheme offers value for money;
9.3.5 that the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 that the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and the Substitute Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS);
9.3.8 that no Bid Default, Fundamental Default nor Specified Default subsists; and
9.3.9 that the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme.
Appears in 1 contract
Samples: Grant Agreement
Firm Scheme substitution and additions.
9.1 The Grant Recipient may request Homes England to accept the substitution of a different scheme (a Substitute Scheme) in place of an Undeliverable Scheme or a Withdrawn Scheme.
9.2 . If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England through IMS such details of the relevant Substitute Scheme as Homes England may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 Homes England shall consider the submitted details and if Homes England is satisfied:
9.3.1 . with the information provided;
9.3.2 ; with the level of grant funding requested;
9.3.3 ; with the frequency of grant payment requested;
9.3.4 ; that the Substitute Scheme offers value for money;
9.3.5 ; that the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 ; that the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 ; that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and the Substitute Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS);
9.3.8 ; that no Bid Default, Fundamental Default nor Specified Default subsists; and
9.3.9 and that the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme. Where Homes England accepts a Substitute Scheme into the Approved Capital Bid pursuant to Clause 9.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS. With effect from the date of Home's England's confirmation under Clause 9.4 (Firm Scheme substitution and additions): the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement; the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by Homes England through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such Substitute Scheme.
Appears in 1 contract
Samples: Grant Agreement
Firm Scheme substitution and additions.
9.1 The Grant Recipient may request Homes England to accept the substitution of a different scheme (a Substitute Scheme) in place of an Undeliverable Scheme or a Withdrawn Scheme.
9.2 . If the Grant Recipient wishes to submit a Substitute Scheme, it must submit to Homes England through IMS such details of the relevant Substitute Scheme as Homes England may require. In submitting the details of the Substitute Scheme, the Grant Recipient is deemed to make and give the same representations and warranties in relation to the Substitute Scheme as it gives pursuant to Clause 5.2 (Firm Schemes) in relation to a Firm Scheme.
9.3 . Homes England shall consider the submitted details and if Homes England is satisfied:
9.3.1 : with the information provided;
9.3.2 ; with the level of grant funding requested;
9.3.3 ; with the frequency of grant payment requested;
9.3.4 ; that the Substitute Scheme offers value for money;
9.3.5 ; that the Substitute Scheme is consistent with the Approved Capital Bid (including the scheme cost information and information in relation to the level of the Grant Recipient's contribution);
9.3.6 ; that the Grant Recipient's performance in respect of other Firm Schemes and/or Indicative Schemes has satisfied the terms of this Agreement;
9.3.7 ; that Start on Site for the Substitute Scheme will occur on or before 30 September 2025 (or such other date agreed by Homes England (in its absolute discretion) in IMS) and the Substitute Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS);
9.3.8 ; that no Bid Default, Fundamental Default nor Specified Default subsists; and
9.3.9 and that the Submitted Standards and the Strategic Objectives submitted in respect of such scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Substitute Scheme as a Firm Scheme. Where Homes England accepts a Substitute Scheme into the Approved Capital Bid pursuant to Clause 9.3 (Firm Scheme substitution and additions) it will confirm its acceptance of such scheme to the Grant Recipient through IMS. With effect from the date of Home's England's confirmation under Clause 9.4 (Firm Scheme substitution and additions): the Substitute Scheme shall constitute a Firm Scheme and shall be immediately subject to the whole terms and conditions of this Agreement; the details set out by the Grant Recipient in respect of the Substitute Scheme in IMS and as confirmed by Homes England through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such Substitute Scheme. It is agreed by the parties that any Firm Scheme Grant received by the Grant Recipient in relation to the Undeliverable Scheme shall be deemed to have been received by the Grant Recipient in relation to the Substitute Scheme on the basis recorded in IMS. The Grant Recipient acknowledges and agrees that an Undeliverable Scheme constitutes a "project" for the purposes of and falls within paragraph 7(e) of the Recovery Determination. The parties shall be entitled from time to time to agree to add Additional Schemes to those comprised within the Original Approved Capital Bid. Where Clause 9.8 (Firm Scheme substitution and additions) applies, the Grant Recipient shall submit to Homes England through IMS such details of the proposed Additional Scheme as Homes England may require. In submitting such details, the Grant Recipient makes the same representations and warranties in relation to the proposed Additional Scheme as it makes to Homes England pursuant to Clause 5.2 (Firm Schemes). Homes England shall consider the Additional Scheme and if Homes England is satisfied that: the Additional Scheme offers value for money; the Grant Recipient's performance in respect of other Firm Schemes comprised within the Approved Capital Bid has been of an acceptable standard and has satisfied the terms of this Agreement; Start on Site for the Additional Scheme will occur on or before 30 September 2025 (or such other date as Homes England may in its absolute discretion agree) and the Additional Scheme can be fully delivered by 31 March 2026 (or such other date agreed by Homes England (in its absolute discretion) in IMS); no Bid Default, Fundamental Default nor Specified Default subsists; and the Submitted Standards and the Strategic Objectives submitted in respect of such Additional Scheme by the Grant Recipient are satisfactory, Homes England shall be entitled (but not obliged) to accept the Additional Scheme into the Approved Capital Bid. Where Homes England accepts an Additional Scheme into the Approved Capital Bid pursuant to Clause 9.10 (Firm Scheme substitution and additions) it shall confirm such acceptance to the Grant Recipient through IMS. With effect from the date of Home's England's confirmation under Clause 9.11 (Firm Scheme substitution and additions): the Additional Scheme shall be deemed to be a Firm Scheme for the purposes of this Agreement and immediately subject to its whole terms and conditions; the details set out by the Grant Recipient in respect of the Additional Scheme in IMS and as confirmed by Homes England through IMS shall be deemed to be Firm Scheme Details for the purposes of this Agreement; and the Grant Recipient must ensure that it complies with all of its obligations under this Agreement as they apply to such new Firm Scheme. If Homes England agrees to make available any grant funding in relation to a Substitute Scheme or Additional Scheme, the Allocated Capital Grant will (subject to Clause 9.6 (Firm Scheme substitution and additions)) be deemed to be increased or decreased (as appropriate) by the Firm Scheme Grant agreed by Homes England in IMS in relation to the relevant Firm Scheme.
Appears in 1 contract
Samples: Grant Agreement
