Common use of Funding and Payment Clause in Contracts

Funding and Payment. In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. The Provider will comply with the Funding Rules published by the Department as amended from time to time. The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 35.3.9 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic funding year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, 26.1.6 the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Provider at the Provider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and/or to recover from the Provider, Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause Clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the ProviderEmployer, the Department agrees to pay the Provider Employer the amounts set out in Schedule 2 of this Agreement on condition that the Provider Employer delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider Employer must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider Employer will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the ProviderEmployer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider Employer to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider Employer and will not constitute any admission by the Department as to the performance by the Provider Employer of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ProviderEmployer, arising from this Agreement or any other agreement between the Provider Employer and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 35.3.8 of this Agreement on written notice if the Provider Employer does not recruit and/or data returns reveal that no Learners have been enrolled for the academic funding year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Employer is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Employer at the Employer’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to recover from the Employer Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Employer under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider Employer under the Agreement, or by raising an invoice for payment by the ProviderEmployer, or by making deductions from future payments due to the Provider Employer under the Agreement. Failure to settle such amounts by the Provider Employer will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause Clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ProviderEmployer's cost (or the Department will procure and recharge to the Provider Employer at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 36.3.9 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners Pupils have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Provider at the Provider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to recover from the Provider Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 35.3.8 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Provider at the Provider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and/or to recover from the Provider Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Provider under this Agreement.. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause Clause is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the ProviderEmployer, the Department agrees to pay the Provider Employer the amounts set out in Schedule 2 of this Agreement on condition that the Provider Employer delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider Employer must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider Employer will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the ProviderEmployer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider Employer to address concerns about its financial viability. The payment of Funding . 26.1.5 Payment by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider Employer and will not constitute any admission by the Department as to the performance by the Provider Employer of its obligations under this Agreementhereunder. Prior to any such payment of Fundingpayment, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ProviderEmployer, arising from this Agreement or any other agreement Agreement between the Provider Employer and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 35.3.7 of this Agreement on written notice if the Provider Employer does not recruit and/or data returns reveal that no Learners have been enrolled for the academic funding year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic funding year and will take action to recover Funds where payments have already occurred. Without prejudice . 26.1.7 Where the Department carries out a review, investigation or audit of a sample of the evidence which the Employer is required to any other provisions in provide under this Agreement, such or its preceding Agreement where applicable, to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department reserves the right at its absolute discretion to require the Employer, or the Department may (itself or via a third party) at the Employer’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Employer an amount based on the error rate identified and the total value of the Agreement. Such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider Employer under the Agreement, or by raising an invoice for payment by the ProviderEmployer, or by making deductions from future payments due to the Provider Employer under the AgreementAgreement in the timescales as advised by the Department. Failure to settle such amounts by the Provider Employer will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this the Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.8 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ProviderEmployer's cost (or the Department will procure and recharge to the Provider Employer at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.9 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.10 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. The payment of Funding . 26.1.5 Payment by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreementhereunder. Prior to any such payment of Fundingpayment, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement Agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. Without prejudice . 26.1.7 Where the Department carries out a review, investigation or audit of a sample of the evidence which the Provider is required to any other provisions in provide under this Agreement, such or its preceding Agreement where applicable, to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department reserves the right at its absolute discretion to require the Provider, or the Department may (itself or via a third party) at the Provider’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Provider an amount based on the error rate identified and the total value of the Agreement. Such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the AgreementAgreement in the timescales as advised by the Department. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this the Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.8 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.9 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). . 26.1.10 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. The payment of Funding . 26.1.5 Payment by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreementhereunder. Prior to any such payment of Fundingpayment, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement Agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 36.3.7 of this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. Without prejudice . 26.1.7 Where the Department carries out a review, investigation or audit of a sample of the evidence which the Provider is required to any other provisions in provide under this Agreement, such or its preceding Agreement where applicable, to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department reserves the right at its absolute discretion to require the Provider, or the Department may (itself or via a third party) at the Provider’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Provider an amount based on the error rate identified and the total value of the Agreement. Such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the AgreementAgreement in the timescales as advised by the Department. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this the Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.8 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.9 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). . 26.1.10 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 36.3.9 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems material in the data that the Provider is required to provide under the Agreement to 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 36.3.9 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Provider at the Provider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to recover from the Provider Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. In consideration of the Services to be provided by the Provider, the Department 26.1.1 The Authority agrees to pay the Provider the amounts set out in Schedule on Schdule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this AgreementAgreement and subject to the necessary funds being available when payment fall due. The Provider agrees and accepts that payments can only be made to the extent that the Authority has available funds. 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this AgreementAgreement and no Funding shall be paid until the Authority is satisfied that such payment will be used for proper expenditure in the delivery of the Services. The amount of funding shall not be increased in the event of any overspend by the Provider in its delivery of the Services. 26.1.3 The Provider will comply with the Funding Rules published by the Department Authority as amended from time to time. . 26.1.4 The Department Authority reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department Authority are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. The payment of Funding . 26.1.5 Payment by the Department Authority will be without prejudice to any claims or rights, which the Department Authority may have against the Provider and will not constitute any admission by the Department Authority as to the performance by the Provider of its obligations under this Agreementhereunder. Prior to any such payment of Fundingpayment, the Department Authority will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement Agreement between the Provider and the Department. The Department shall be entitled to terminateAuthority. 26.1.6 Where the Authority carries out a review, pursuant to Clause 36.3.8 investigation or audit of this Agreement on written notice if a sample of the evidence which the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year is required to which this Agreement relates. Where the Department terminates the Agreement provide under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7or its preceding Agreement where applicable, may be recovered by making adjustments to data submitted support the payments made by the Provider under Authority and identifies errors in that evidence which it deems are material, the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. Authority reserves 26.1.7 Where the DepartmentAuthority, in accordance with Clause 26.1.7clause 26.1.6, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department Authority will procure and recharge to the Provider at its sole discretion). Where a full funding finding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.8 The Department Authority may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 clause 44 (Amendments to this Agreement). . 26.1.9 All payments by the Department Authority will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. The payment of Funding . 26.1.5 Payment by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreementhereunder. Prior to any such payment of Fundingpayment, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement Agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Clause 26.1.7 Where the Department terminates carries out a review, investigation or audit of a sample of the Agreement evidence which the Provider is required to provide under this Clause 26.1.6Agreement, or its preceding Agreement where applicable, to support the payments made by the Department and identifies errors in that evidence which it deems are material, the Department will withdraw reserves the allocation of Funding for the academic year and will take action right at its absolute discretion to recover Funds where payments have already occurred. Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by require the Provider, or by making deductions the Department may (itself or via a third party) at the Provider’s cost, to carry out 100% audit of all or part of the Services and/or to recover from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the an amount of recovery under this clause is final. based on 26.1.8 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.9 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.10 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the ProviderEmployer, the Department agrees to pay the Provider Employer the amounts set out in Schedule 2 of this Agreement on condition that the Provider Employer delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider Employer must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider Employer will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the ProviderEmployer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider Employer to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider Employer and will not constitute any admission by the Department as to the performance by the Provider Employer of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ProviderEmployer, arising from this Agreement or any other agreement between the Provider Employer and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 35.3.8 of this Agreement on written notice if the Provider Employer does not recruit and/or data returns reveal that no Learners have been enrolled for the academic funding year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Employer is required to provide under the Agreement to support the payment of Funding, the 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider Employer under the Agreement, or by raising an invoice for payment by the ProviderEmployer, or by making deductions from future payments due to the Provider Employer under the Agreement. Failure to settle such amounts by the Provider Employer will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause Clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ProviderEmployer's cost (or the Department will procure and recharge to the Provider Employer at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 35.3.8 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Provider at the Provider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and/or to recover from the Provider Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause Clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 35.3.8 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Provider at the Provider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to recover from the Provider Funding equivalent to an amount based on the error rate identified and the total value of the Funding paid to the Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.

Funding and Payment. 26.1.1 In consideration of the Services to be provided by the Provider, the Department agrees to pay the Provider the amounts set out in Schedule 2 of this Agreement on condition that the Provider delivers the Services in accordance with the terms and conditions of this Agreement. . 26.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. . 26.1.3 The Provider will comply with the Funding Rules published by the Department as amended from time to time. . 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Provider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Provider to address concerns about its financial viability. . 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Provider and will not constitute any admission by the Department as to the performance by the Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Provider, arising from this Agreement or any other agreement between the Provider and the Department. . 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 36.3.8 of 35.3.8 this Agreement on written notice if the Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. . 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Provider is required to provide under the Agreement to support the payment of Funding, the 26.1.8 Without prejudice to any other provisions in this Agreement, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the Provider under the Agreement, or by raising an invoice for payment by the Provider, or by making deductions from future payments due to the Provider under the Agreement. Failure to settle such amounts by the Provider will constitute a Serious Breach under Clause 35 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this clause is final. . 26.1.9 Where the Department, in accordance with Clause 26.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Provider's cost (or the Department will procure and recharge to the Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. . 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 44 (Amendments to this Agreement). . 26.1.11 All payments by the Department will be made via BACS. Tax Compliance (a) in the case of a request mentioned in Clause 26.1.12 the Provider: (i) fails to provide information in response to the request within a reasonable time; or (ii) provides information which does not demonstrate either how the Provider complies with Clauses 26.1.12 and 26.1.14 or why those clauses do not apply to it; (iii) it receives information which demonstrates that is not complying with its obligations under the Income Tax (Earnings and Pensions) Act 2003 and all other statutes and regulations relating to income tax.