Grant Claim Procedures. 12.1 Subject to a Named Project having reached the First Payment Date, the Grant Recipient may apply to the GLA for the First Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide. 12.2 In submitting an application pursuant to Condition 12.1 the Grant Recipient is deemed to: 12.2.1 repeat the representations and warranties set out in Condition 5.3; 12.2.2 represent and warrant to the GLA that the First Payment Date has been reached and that such date is no later than that submitted in OPS; 12.2.3 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects; 12.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner; 12.2.5 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen; 12.2.6 represent and warrant to the GLA that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and 12.2.7 represent and warrant to the GLA that no Section 114 Report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of any such report. 12.3 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Payment Date, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide. 12.4 In submitting an application pursuant to Condition 12.3 the Grant Recipient is deemed to represent and warrant to the GLA that: 12.4.1 the Named Project has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement; 12.4.2 the Named Project has reached Start on Site or Practical Completion (as applicable); 12.4.3 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects; 12.4.4 it is a Registered Provider and retains its status as an Investment Partner; 12.4.5 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued; 12.4.6 if the Grant Recipient has reached Final Claim Stage, and it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 12.4.6 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effect; and 12.4.7 no Withholding Event or Default Event has occurred or arisen; 12.4.8 the Named Project Grant does not exceed thirty per centum (30%) of the Development Costs for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme Funds. 12.5 Any amount of Named Project Grant not claimed by the Grant Recipient during the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extension.
Appears in 3 contracts
Samples: Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement
Grant Claim Procedures. 12.1 Subject to a Named Project having reached the First Acquisition Tranche Payment Date, the Grant Recipient Lead Partner may apply to the GLA for the First Acquisition Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient Lead Partner must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 In submitting an application pursuant to Condition 12.1 the Grant Recipient is deemed to:
12.2.1 repeat the representations and warranties set out in Condition 5.3;
12.2.2 . represent and warrant to the GLA that the First Payment Date has been reached and that such date is no later than that submitted in OPS;
12.2.3 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 represent and warrant to the GLA that the Grant Recipient is it possesses a Registered Provider and retains its status as an Investment Partner;
12.2.5 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen;
12.2.6 Secure Legal Interest; represent and warrant to the GLA that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issuedRegistered Provider; and
12.2.7 represent and warrant to the GLA that no Section 114 Report has been made nor it is the Grant Recipient not aware of any circumstances that would give rise circumstance which may materially impact the ability of the Consortium to deliver the making of any such report.
12.3 Annual Committed Number within each Start Year. Subject to a Named Project having reached the relevant Final Claim Stage by the Second Start on Site Tranche Payment DateDate and where such Named Project is an Estate Regeneration Project, the Grant Recipient Estate Regeneration Funding Condition having been satisfied, the Lead Partner may apply to the GLA for the Second Tranche Grant Start on Site Xxxxxxx Xxxxx payable in respect of that Named Project to be paid to it. The Grant Recipient Lead Partner must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.. represent and warrant to the GLA that it possesses a Secure Legal Interest; represent and warrant to the GLA that Start on Site has been achieved and that such date is no later than that submitted in OPS;
12.4 (a) the Named Project is not an Estate Regeneration Project; or
(b) the Estate Regeneration Requirement has been or will be complied with and to the best of its knowledge (having made all reasonable and proper enquiries): i no material facts or circumstances exist which prejudice such compliance or mean that the Compliance Checklist or the Exemption Certificate (as applicable) is no longer correct in all material respects; and ii the Exemption Certificate remains extant and has not been withdrawn by the GLA; represent and warrant that it is likely to meet its Annual Committed Number for each Start Year; and represent and warrant that the Named Project is or will be compliant with the Certified Standards. In submitting an application pursuant to Condition 12.3 14.4 on its own behalf the Grant Recipient Lead Partner is deemed to represent and warrant to the GLA that:
12.4.1 GLA: in the Named Project has been procuredterms set out in Conditions 14.5.1 to 14.5.3 (inclusive) and Error! Reference source not found. to Error! Reference source not found. (inclusive); and all notifications, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement;
12.4.2 the Named Project has reached Start on Site or Practical Completion (as applicable);
12.4.3 all confirmations and certifications made or to be made by the Grant Recipient it pursuant to Conditions 8.1.3 and/or 11 Condition 12 or otherwise in OPS in relation to the Named Project have been been, are or will be correct in all material respects;
12.4.4 . In permitting the Lead Partner to submit an application pursuant to Condition 14.7 or in the case where Practical Completion has been achieved but no sum is payable by way of Practical Completion Tranche Grant as determined through OPS, the Relevant Consortium Member is deemed to repeat the representations and warranties set out in Condition 14.5 (save for Condition 14.5.2 and14.5.8) and to further represent and warrant to the GLA that: it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 Provider; it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient it has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 if the Grant Recipient has reached Final Claim Stage, and ; it possesses a Secure Legal Completed Interest in the Site Site; the Named Project satisfies the Additionality Condition and for the purposes of this Condition 12.4.6 the parties acknowledge and agree that limb Affordable Percentage Condition;
(da) of the definition of Secure Legal Interest shall it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be disregarded and of no effectissued; and
12.4.7 no Withholding Event or Default Event (b) it has occurred or arisen;
12.4.8 not nor have any of its officers made a Section 114 Report nor is it aware of any circumstances which would give rise to the making of a Section 114 Report. Where any Named Project Grant does not exceed thirty per centum (30%) of is identified on OPS as being an MMC Project, the Development Costs GLA and the Lead Partner may agree alternative dates for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme Funds.
12.5 Any amount payment of Named Project Grant not claimed by and/or Milestones (which better reflect the Grant Recipient during the Availability Period will be cancelled unless nature and characteristics of Modern Methods of Construction) in OPS or in such other medium as GLA in its absolute discretion agrees to an extension.may specify and where this Condition
Appears in 2 contracts
Samples: Consortium Grant Agreement, Consortium Grant Agreement
Grant Claim Procedures. 12.1 13.1 Subject to a Named Project having reached the relevant First Payment Date, the Grant Recipient may apply to the GLA for the First Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 13.2 In submitting an application pursuant to Condition 12.1 13.1 the Grant Recipient is deemed to:
12.2.1 13.2.1 repeat the representations and warranties set out in Condition 5.35.2;
12.2.2 13.2.2 represent and warrant to the GLA that the First Payment Date has been reached and that such date is no later than that submitted in OPS;
12.2.3 13.2.3 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 11.8 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 13.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
12.2.5 13.2.5 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen;
12.2.6 13.2.6 represents and warrants to the GLA that to the best of its knowledge (having made all reasonable and proper enquiries) no material facts or circumstances exist which threaten the satisfaction of the Affordable Starts Condition;
13.2.7 represent and warrant to the GLA that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
12.2.7 13.2.8 represent and warrant to the GLA that no Section 114 Report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of any such report.
12.3 13.3 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Payment Date, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.4 13.4 In submitting an application pursuant to Condition 12.3 13.3 the Grant Recipient is deemed to represent and warrant to the GLA that:
12.4.1 13.4.1 in the case of a Named Project scheduled to achieve Start on Site in the Financial Year 2017/2018, that Start on Site has been achieved by the Start on Site Date;
13.4.2 in the case of a Named Project other than one described in Condition 13.4.1, the Named Project will be or has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement;
12.4.2 13.4.3 the Named Project has reached Start on Site or Practical Completion (as applicable);
12.4.3 13.4.4 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects;
12.4.4 13.4.5 it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 13.4.6 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 13.4.7 if the Grant Recipient has reached the Final Claim Stage described in limb (b) of the definition of Final Claim Stage, and it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 12.4.6 13.4.7 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effect; and;
12.4.7 13.4.8 no Withholding Event or Default Event has occurred or arisen;; and
12.4.8 13.4.9 to the Named Project Grant does not exceed thirty per centum best of its knowledge (30%having made all reasonable and proper enquiries) no material facts or circumstances exist which threaten the satisfaction of the Development Costs for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme FundsAffordable Starts Condition.
12.5 Any amount of Named Project Grant not claimed by the Grant Recipient during the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extension.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Grant Claim Procedures. 12.1 13.1 Subject to a Named Project having reached the relevant First Payment Date, the Grant Recipient may apply to the GLA for the First Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 13.2 In submitting an application pursuant to Condition 12.1 13.1 the Grant Recipient is deemed to:
12.2.1 13.2.1 repeat the representations and warranties set out in Condition 5.35.2;
12.2.2 13.2.2 represent and warrant to the GLA that the First Payment Date has been reached and that such date is no later than that submitted in OPS;
12.2.3 13.2.3 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 Condition 11.8 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 13.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
12.2.5 13.2.5 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen;
12.2.6 13.2.6 represents and warrants to the GLA that to the best of its knowledge (having made all reasonable and proper enquiries) no material facts or circumstances exist which threaten the satisfaction of the Affordable Starts Condition;
13.2.7 represent and warrant to the GLA that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
12.2.7 13.2.8 represent and warrant to the GLA that no Section 114 Report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of any such report.
12.3 13.3 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Payment Date, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.4 13.4 In submitting an application pursuant to Condition 12.3 13.3 the Grant Recipient is deemed to represent and warrant to the GLA that:
12.4.1 13.4.1 in the case of a Named Project scheduled to achieve Start on Site in the Financial Year 2017/2018, that Start on Site has been achieved by the Start on Site Date;
13.4.2 in the case of a Named Project other than one described in Condition 13.4.1, the Named Project will be or has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement;
12.4.2 13.4.3 the Named Project has reached Start on Site or Practical Completion (as applicable);
12.4.3 13.4.4 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects;
12.4.4 13.4.5 it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 13.4.6 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 13.4.7 if the Grant Recipient has reached the Final Claim Stage described in limb (b) of the definition of Final Claim Stage, and it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 12.4.6 13.4.7 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effect; and;
12.4.7 13.4.8 no Withholding Event or Default Event has occurred or arisen;; and
12.4.8 13.4.9 to the Named Project Grant does not exceed thirty per centum best of its knowledge (30%having made all reasonable and proper enquiries) no material facts or circumstances exist which threaten the satisfaction of the Development Costs for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme FundsAffordable Starts Condition.
12.5 Any amount of Named Project Grant not claimed by the Grant Recipient during the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extension.
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Grant Claim Procedures. 12.1 13.1 Subject to a Named Project having reached the First Payment DateDate and where such Named Project is an Estate Regeneration Project, the Estate Regeneration Funding Condition having been satisfied, the Grant Recipient may apply to the GLA for the First Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 13.2 In submitting an application pursuant to Condition 12.1 13.1 the Grant Recipient is deemed to:
12.2.1 13.2.1 repeat the representations and warranties set out in Condition 5.35.2;
12.2.2 13.2.2 represent and warrant to the GLA that the First Payment Date has been reached and that such date is no later than that submitted in OPS;
12.2.3 13.2.3 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 Condition 12 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 13.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
12.2.5 13.2.5 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen;
12.2.6 13.2.6 represent and warrant to the GLA that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and;
12.2.7 13.2.7 represent and warrant to the GLA that no Section 114 Report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of any such report; and
13.2.8 represent and warrant to the GLA that either:
(a) the Named Project is not an Estate Regeneration Project; or
(b) the Estate Regeneration Requirement has been or will be complied with and to the best of the Grant Recipient's knowledge (having made all reasonable and proper enquiries): i no material facts or circumstances exist which prejudice such compliance or mean that the Compliance Checklist or the Exemption Certificate (as applicable) is no longer correct in all material respects; and ii the Exemption Certificate remains extant and has not been withdrawn by the GLA.
12.3 13.3 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Payment Date, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.4 13.4 In submitting an application pursuant to Condition 12.3 13.3 the Grant Recipient is deemed to repeat the representation and warranties set out at Condition 13.2 and to further represent and warrant to the GLA that:
12.4.1 13.4.1 the Named Project has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement;
12.4.2 13.4.2 the Named Project has reached Start on Site or Practical Completion (as applicable);
12.4.3 13.4.3 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects;
12.4.4 13.4.4 it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 13.4.5 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 13.4.6 if the Grant Recipient has reached Final Claim Stage, and it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 12.4.6 13.4.6 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effect; and
12.4.7 13.4.7 no Withholding Event or Default Event has occurred or arisen;
12.4.8 the Named Project Grant does not exceed thirty per centum (30%) of the Development Costs for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme Funds.
12.5 Any amount of Named Project Grant not claimed by the Grant Recipient during the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extension.
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 12.1 14.1 Subject to a Named Project having reached the First Acquisition Tranche Payment Date, the Grant Recipient may apply to the GLA for the First Acquisition Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 14.2 In submitting an application pursuant to Condition 12.1 14.1, the Grant Recipient is deemed to:
12.2.1 14.2.1 represent and warrant to the GLA that it possesses a Secure Legal Interest;
14.2.2 represent and warrant to the GLA that the Acquisition Milestone has been achieved and that such date is no later than that submitted in OPS by the Grant Recipient and accepted by the GLA (in its absolute discretion);
14.2.3 repeat the representations and warranties set out in Condition 5.36.2;
12.2.2 14.2.4 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient in OPS in relation to the Named Project have been, are or will be correct in all material respects;
14.2.5 represent and warrant to the GLA that the First Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
14.2.6 represent and warrant to the GLA that no Withholding Event or Default Event has occurred or arisen and the Grant Recipient is in compliance with the terms of this Agreement in all material respects;
14.2.7 represent and warrant that, save where otherwise agreed with the GLA (in its absolute discretion), the Minimum Building Safety Standards have or will be met in respect of the Named Project;
14.2.8 represent and warrant that the AHP Minimum Standards have or will be met in respect of the Named Project; and
14.2.9 represent and warrant that it is not aware of any circumstance which may materially impact its ability to deliver the Annual Committed Number within each Start Year;
14.2.10 represent and warrant that it is not subject to an Insolvency Event nor do any circumstances exist which would permit the occurrence of such an Insolvency Event; and
14.2.11 represent and warrant that where the Named Project is an SSH Project:
(a) such project comprises (or will comprise) only of dwellings which comply with any criteria, standards or commitments set out in the Named Project Details in respect of the relevant Agreed Client Group and/or SSH Housing;
(b) the Grant Recipient has provided (or will provide) the GLA with the Exemption Evidence before any tenant occupies an SSH Dwelling which comprises Exempt Accommodation;
(c) the Grant Recipient has complied with its obligations in Condition 11.9.2 (where applicable); and
(d) such project does not fall in whole or in part within the definition of a Residential Care Home;
14.2.12 represent and warrant that where the Named Project is a CHAP Project each CHAP Dwelling comprised within such project is or will be in a fit condition (subject to ongoing repairs and maintenance) to be occupied for the Agreed Purposes for at least thirty (30) years from the date of its acquisition and does not form part of any known or anticipated plans for demolition within such timeframe.
14.3 Subject to a Named Project having reached the Start on Site Tranche Payment Date and where such Named Project is an Estate Regeneration Project, the Estate Regeneration Funding Condition having been satisfied, the Grant Recipient may apply to the GLA for the Start on Site Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
14.4 In submitting an application pursuant to Condition 14.3 or in the case where Start on Site has been reached achieved but no sum is payable by way of Start on Site Tranche Grant as determined through OPS, the Grant Recipient is deemed to:
14.4.1 repeat the representations and warranties set out in Condition 6.2 (save for Condition 6.2.2(a));
14.4.2 represent and warrant to the GLA that it possesses a Secure Legal Interest;
14.4.3 represent and warrant to the GLA that Start on Site has been achieved and that such date is no later than that submitted in OPS;
12.2.3 14.4.4 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 Condition 13.2 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 14.4.5 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
12.2.5 14.4.6 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisenarisen and the Grant Recipient is in compliance with the terms of this Agreement in all material respects;
12.2.6 14.4.7 represent and warrant to the GLA that either:
(a) the Named Project is not an Estate Regeneration Project; or
(b) the Estate Regeneration Requirement has been or will be complied with and to the best of the Grant Recipient's knowledge (having made all reasonable and proper enquiries): i no material facts or circumstances exist which prejudice such compliance or mean that the Compliance Checklist or the Exemption Certificate (as applicable) is no longer correct in all material respects; and ii the Exemption Certificate remains extant and has not been withdrawn by the GLA;
14.4.8 represent and warrant that the Additionality Condition is satisfied and the Affordable Percentage Condition will be satisfied by Practical Completion of a Named Project;
14.4.9 represent and warrant that the Grant Recipient is likely to meet its Annual Committed Number for each Start Year;
14.4.10 represent and warrant that the AHP Minimum Standards have or will be met in respect of the Named Project;
14.4.11 represent and warrant that it is not subject to any Section 15 Direction an Insolvency Event nor do any circumstances exist which would permit the occurrence of such a direction to be issuedan Insolvency Event; and
12.2.7 14.4.12 represent and warrant to that where the GLA that no Section 114 Report has been made nor Named Project is an SSH Project:
(a) such project comprises (or will comprise) only of dwellings which will comply with any criteria, standards or commitments set out in the Named Project Details in respect of the relevant Agreed Client Group and/or SSH Housing;
(b) the Grant Recipient aware has provided (or will provide) the GLA with the Exemption Evidence before any tenant occupies an SSH Dwelling which comprises Exempt Accommodation;
(c) the Grant Recipient has complied with its obligations in Condition 11.9.2 (where applicable); and
(d) such project does not fall in whole or in part within the definition of a Residential Care Home;
14.4.13 represent and warrant that where the Named Project is a CHAP Project each CHAP Dwelling comprised within such project is or will be in a fit condition (subject to ongoing repairs and maintenance) to be occupied for the Agreed Purposes for at least thirty (30) years from the date of its acquisition and does not form part of any circumstances that would give rise to the making of any known or anticipated plans for demolition within such reporttimeframe.
12.3 14.5 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Practical Completion Tranche Payment Date, the Grant Recipient may apply to the GLA for the Second Practical Completion Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.4 14.6 In submitting an application pursuant to Condition 12.3 14.5 or in the case where Practical Completion has been achieved but no sum is payable by way of Practical Completion Tranche Grant as determined through OPS, the Grant Recipient is deemed to repeat the representations and warranties set out in Condition 14.4 (save for Conditions 14.4.2 and 14.4.8) and to further represent and warrant to the GLA that:
12.4.1 14.6.1 the Named Project has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this AgreementAgreement and the AHP Minimum Standards have been met in respect of the Named Project;
12.4.2 14.6.2 the Named Project has reached Start on Site or Practical Completion (as applicable)Completion;
12.4.3 14.6.3 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects;
12.4.4 14.6.4 it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 14.6.5 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 if the Grant Recipient has reached Final Claim Stage, and 14.6.6 it possesses a Secure Legal Completed Interest in the Site and for the purposes of this Condition 12.4.6 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effectSite; and
12.4.7 no Withholding Event or Default Event has occurred or arisen;
12.4.8 14.6.7 the Named Project Grant does not exceed thirty per centum (30%) of satisfies the Development Costs Additionality Condition and the Affordable Percentage Condition.
14.7 Where any Named Project is identified on OPS as being an MMC Project, the parties may agree alternative dates for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme Funds.
12.5 Any amount payment of Named Project Grant not claimed by and/or Milestones (which better reflect the nature and characteristics of Modern Methods of Construction) in OPS or in such other medium as the GLA may specify and where this Condition 14.7 applies the GLA reserves the right to:
14.7.1 require that the Grant Recipient during makes additional representations and warranties as a condition of any claim for Named Project Grant; and
14.7.2 include any additional delivery obligations having regard to the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extensionuse of the Modern Methods of Construction.
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 12.1 13.1 Subject to a Named Project having reached the First Payment Date, the Grant Recipient may apply to the GLA for the First Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 13.2 In submitting an application pursuant to Condition 12.1 13.1 the Grant Recipient is deemed to:
12.2.1 13.2.1 repeat the representations and warranties set out in Condition 5.35.2;
12.2.2 13.2.2 represent and warrant to the GLA that the First Payment Date has been reached and that such date is no later than that submitted in OPS;
12.2.3 13.2.3 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 Condition 12 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 13.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;; and
12.2.5 13.2.5 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen;
12.2.6 represent and warrant to the GLA that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
12.2.7 represent and warrant to the GLA that no Section 114 Report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of any such report.
12.3 13.3 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Payment Date, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.4 13.4 In submitting an application pursuant to Condition 12.3 13.3 the Grant Recipient is deemed to represent and warrant to the GLA that:
12.4.1 13.4.1 the Named Project has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement;
12.4.2 13.4.2 the Named Project has reached Start on Site or Practical Completion (as applicable);
12.4.3 13.4.3 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects;
12.4.4 13.4.4 it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 13.4.5 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 13.4.6 if the Grant Recipient has reached Final Claim Stage, and it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 12.4.6 13.4.6 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effect; and
12.4.7 13.4.7 no Withholding Event or Default Event has occurred or arisen;
12.4.8 the Named Project Grant does not exceed thirty per centum (30%) of the Development Costs for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme Funds.
12.5 Any amount of Named Project Grant not claimed by the Grant Recipient during the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extension.
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 12.1 14.1 Subject to a Named Project having reached the First Acquisition Tranche Payment Date, the Grant Recipient may apply to the GLA for the First Acquisition Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.2 14.2 In submitting an application pursuant to Condition 12.1 14.1, the Grant Recipient is deemed to:
12.2.1 repeat 14.2.1 represent and warrant to the representations and warranties set out in Condition 5.3GLA that it possesses a Secure Legal Interest;
12.2.2 14.2.2 represent and warrant to the GLA that the First Payment Date Acquisition Milestone has been reached achieved and that such date is no later than that submitted in OPSOPS by the Grant Recipient and accepted by the GLA (in its absolute discretion);
12.2.3 14.2.3 repeat the representations and warranties set out in Condition 6.2;
14.2.4 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
12.2.4 14.2.5 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
12.2.5 14.2.6 represent and warrants warrant to the GLA that no Withholding Event or Default Event has occurred or arisenarisen and the Grant Recipient is in compliance with the terms of this Agreement in all material respects;
12.2.6 14.2.7 represent and warrant to that, save where otherwise agreed with the GLA (in its absolute discretion), the Minimum Building Safety Standards have or will be met in respect of the Named Project;
14.2.8 represent and warrant that the AHP Minimum Standards have or will be met in respect of the Named Project; and
14.2.9 represent and warrant that it is not aware of any circumstance which may materially impact its ability to deliver the Annual Committed Number within each Start Year;
14.2.10 represent and warrant that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
12.2.7 14.2.11 represent and warrant that it has not nor have any of its officers made a Section 114 Report nor is it aware of any circumstances which would give rise to the making of a Section 114 Report; and
14.2.12 represent and warrant that where the Named Project is an SSH Project:
(a) such project comprises (or will comprise) only of dwellings which comply with any criteria, standards or commitments set out in the Named Project Details in respect of the relevant Agreed Client Group and/or SSH Housing;
(b) the Grant Recipient has provided (or will provide) the GLA with the Exemption Evidence before any tenant occupies an SSH Dwelling which comprises Exempt Accommodation;
(c) the Grant Recipient has complied with its obligations in Condition 11.9.2 (where applicable); and
(d) such project does not fall in whole or in part within the definition of a Residential Care Home;
14.2.13 represent and warrant that where the Named Project is a CHAP Project:
(a) each CHAP Dwelling comprised within such project is or will be in a fit condition (subject to ongoing repairs and maintenance) to be occupied for the Agreed Purposes for at least thirty (30) years from the date of its acquisition and does not form part of any known or anticipated plans for demolition within such timeframe; and
(b) each CHAP Dwelling comprised within such project has been or will be delivered within the boundary of the Grant Recipient's borough, unless otherwise approved by the GLA in writing.
14.3 Subject to a Named Project having reached the Start on Site Tranche Payment Date and where such Named Project is an Estate Regeneration Project, the Estate Regeneration Funding Condition having been satisfied, the Grant Recipient may apply to the GLA for the Start on Site Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
14.4 In submitting an application pursuant to Condition 14.3 or in the case where Start on Site has been achieved but no sum is payable by way of Start on Site Tranche Grant as determined through OPS, the Grant Recipient is deemed to:
14.4.1 repeat the representations and warranties set out in Condition 6.2 (save for Condition 6.2.2(a));
14.4.2 represent and warrant to the GLA that it possesses a Secure Legal Interest;
14.4.3 represent and warrant to the GLA that Start on Site has been achieved and that such date is no later than that submitted in OPS;
14.4.4 represent and warrant to the GLA that all notifications, confirmations and certifications made or to be made by the Grant Recipient pursuant to Condition 13.2 or otherwise in OPS in relation to the Named Project have been, are or will be correct in all material respects;
14.4.5 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
14.4.6 represent and warrants to the GLA that no Withholding Event or Default Event has occurred or arisen and the Grant Recipient is in compliance with the terms of this Agreement in all material respects;
14.4.7 represent and warrant to the GLA that either:
(a) the Named Project is not an Estate Regeneration Project; or
(b) the Estate Regeneration Requirement has been or will be complied with and to the best of the Grant Recipient's knowledge (having made all reasonable and proper enquiries): i no material facts or circumstances exist which prejudice such compliance or mean that the Compliance Checklist or the Exemption Certificate (as applicable) is no longer correct in all material respects; and ii the Exemption Certificate remains extant and has not been withdrawn by the GLA;
14.4.8 represent and warrant that the Additionality Condition is satisfied and the Affordable Percentage Condition will be satisfied by Practical Completion of a Named Project;
14.4.9 represent and warrant that the Grant Recipient is likely to meet its Annual Committed Number for each Start Year;
14.4.10 represent and warrant that the AHP Minimum Standards have or will be met in respect of the Named Project;
14.4.11 represent and warrant that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued;
14.4.12 represent and warrant that it has not nor have any of its officers made a Section 114 Report has been made nor is the Grant Recipient it aware of any circumstances that which would give rise to the making of a Section 114 Report; and
14.4.13 represent and warrant that where the Named Project is an SSH Project:
(a) such project comprises (or will comprise) only of dwellings which will comply with any criteria, standards or commitments set out in the Named Project Details in respect of the relevant Agreed Client Group and/or SSH Housing;
(b) the Grant Recipient has provided (or will provide) the GLA with the Exemption Evidence before any tenant occupies an SSH Dwelling which comprises Exempt Accommodation;
(c) the Grant Recipient has complied with its obligations in Condition 11.9.2 (where applicable); and
(d) such reportproject does not fall in whole or in part within the definition of a Residential Care Home;
14.4.14 represent and warrant that where the Named Project is a CHAP Project:
(a) each CHAP Dwelling comprised within such project is or will be in a fit condition (subject to ongoing repairs and maintenance) to be occupied for the Agreed Purposes for at least thirty (30) years from the date of its acquisition and does not form part of any known or anticipated plans for demolition within such timeframe; and
(b) each CHAP Dwelling comprised within such project has been or will be delivered within the boundary of the Grant Recipient's borough, unless otherwise approved by the GLA in writing.
12.3 14.5 Subject to a Named Project having reached the relevant Final Claim Stage by the Second Practical Completion Tranche Payment Date, the Grant Recipient may apply to the GLA for the Second Practical Completion Tranche Grant payable in respect of that Named Project to be paid to it. The Grant Recipient must make its application through OPS and in accordance with the requirements of OPS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guide.
12.4 14.6 In submitting an application pursuant to Condition 12.3 14.5 or in the case where Practical Completion has been achieved but no sum is payable by way of Practical Completion Tranche Grant as determined through OPS, the Grant Recipient is deemed to repeat the representations and warranties set out in Condition 14.4 (save for Conditions 14.4.2 and 14.4.8) and to further represent and warrant to the GLA that:
12.4.1 14.6.1 the Named Project has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this AgreementAgreement and the AHP Minimum Standards have been met in respect of the Named Project;
12.4.2 14.6.2 the Named Project has reached Start on Site or Practical Completion (as applicable)Completion;
12.4.3 14.6.3 all confirmations and certifications made or to be made by the Grant Recipient pursuant to Conditions 8.1.3 and/or 11 or otherwise in OPS in relation to the Named Project have been are or will be correct in all material respects;
12.4.4 14.6.4 it is a Registered Provider and retains its status as an Investment Partner;
12.4.5 14.6.5 it has obtained all Consents necessary for the lawful development of the Named Project in accordance with the Named Project Details as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 if the Grant Recipient has reached Final Claim Stage, and 14.6.6 it possesses a Secure Legal Completed Interest in the Site and for the purposes of this Condition 12.4.6 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effectSite; and
12.4.7 no Withholding Event or Default Event has occurred or arisen;
12.4.8 14.6.7 the Named Project Grant does not exceed thirty per centum (30%) of satisfies the Development Costs Additionality Condition and the Affordable Percentage Condition.
14.7 Where any Named Project is identified on OPS as being an MMC Project, the parties may agree alternative dates for the Named Project and no AHP Dwelling is or will be subsidised by GLA Programme Funds.
12.5 Any amount payment of Named Project Grant not claimed by and/or Milestones (which better reflect the nature and characteristics of Modern Methods of Construction) in OPS or in such other medium as the GLA may specify and where this Condition 14.7 applies the GLA reserves the right to:
14.7.1 require that the Grant Recipient during makes additional representations and warranties as a condition of any claim for Named Project Grant; and
14.7.2 include any additional delivery obligations having regard to the Availability Period will be cancelled unless GLA in its absolute discretion agrees to an extensionuse of the Modern Methods of Construction.
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 12.1 Subject to a Named Project Firm Scheme having reached the First Payment Date, Start on Site Date the Grant Recipient Lead Partner may apply to the GLA for the First Tranche Grant payable in respect of that Named Project Firm Scheme to be paid to it. The Grant Recipient Lead Partner must make its application through OPS IMS and in accordance with the requirements of OPS IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Affordable Housing Capital Funding Guide.
12.2 In submitting permitting the Lead Partner to submit an application pursuant to Condition 12.1 the Grant Recipient Relevant Consortium Member is deemed to:
12.2.1 repeat in relation to the Firm Scheme the representations and warranties set out in Condition 5.38.3 (mutatis mutandis);
12.2.2 represent and warrant to the GLA that the First Payment Start on Site Date has been reached and that such date is no later than that submitted therefor in OPSIMS;
12.2.3 represent and warrant to the GLA that all notifications, it is aware of the confirmations and certifications made or to be made by the Grant Recipient pursuant Lead Partner on the Relevant Consortium Member's behalf (and has authorised the Lead Partner to Conditions 8.1.3 and/or 11 or otherwise make such confirmations and certifications) in OPS IMS in relation to the Named Project Firm Scheme and such confirmations and certifications have been, are or will be correct in all material respects;
12.2.4 represent and warrant to the GLA that the Grant Recipient it is a Registered Provider and retains its status as an Investment PartnerProvider;
12.2.5 represent and warrants warrant to the GLA that no Withholding Event or Default Termination Event has occurred or arisen;
12.2.6 represent and warrant to the GLA GLA, where it is a LA Provider, that it is not subject to any direction of the Secretary of State under Section 15 Direction of the Local Government Act 1999 nor do any circumstances exist which would permit entitle the Secretary of State to issue such a direction to be issued; andwhich in either case would adversely affect delivery of Firm Scheme;
12.2.7 represent and warrant to the GLA GLA, where it is a LA Provider, that no Section 114 Report report has been made nor is the Grant Recipient it aware of any circumstances that would give rise to the making of a report under Section 114(3) or Section 114A of the Local Government Finance Act 1988 which in either case would adversely affect delivery of the Firm Scheme;
12.2.8 represent and warrant to the GLA, where it is a LA Provider, that no declaration, finding or judgement of a court with relevant jurisdiction has been made which renders any such reportEquity Loan void, invalid or unenforceable.
12.3 Subject to a Named Project Firm Scheme having reached the relevant Final Claim Stage by the Second Payment DatePractical Completion, the Grant Recipient Lead Partner may apply to the GLA for the Second Tranche Grant payable in respect of that Named Project Firm Scheme to be paid to it. The Grant Recipient Lead Partner must make its application through OPS IMS and in accordance with the requirements of OPS IMS from time to time and in compliance with the applicable procedures set out in the Affordable Housing Capital Funding Guidetime.
12.4 In submitting permitting the Lead Partner to submit an application pursuant to Condition 12.3 the Grant Recipient Relevant Consortium Member is deemed to represent and warrant to the GLA that:
12.4.1 the Named Project Firm Scheme has been procured, designed, constructed and delivered (as applicable) in accordance with the requirements of this Agreement;
12.4.2 the Named Project Firm Scheme has reached Start on Site or Practical Completion (as applicable)Completion;
12.4.3 all it is aware of the confirmations and certifications made or to be made by the Grant Recipient pursuant Lead Partner on the Relevant Consortium Member's behalf (and has authorised the Lead Partner to Conditions 8.1.3 and/or 11 or otherwise make such confirmations and certifications) in OPS IMS in relation to the Named Project Firm Scheme and such confirmations and certifications have been are or will be correct in all material respects;
12.4.4 it is a Registered Provider and retains its status as an Investment PartnerProvider;
12.4.5 it has obtained all Consents necessary for the lawful development of the Named Project Firm Scheme in accordance with the Named Project Firm Scheme Details and to the Submitted Standards as are then required or to the extent that they are not obtained that the Grant Recipient Relevant Consortium Member has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
12.4.6 if the Grant Recipient has reached Final Claim Stage, and it possesses a Secure Legal Interest in the Site and for the purposes purpose of this Condition 12.4.6 the parties acknowledge and agree that limb (d) of the definition of Secure Legal Interest shall be disregarded and of no effect; and;
12.4.7 no Withholding Event or Default Termination Event has occurred or arisen;
12.4.8 the Named Project Grant does Tenure Mix or Flexible Tenure Mix (as applicable) in relation to the Firm Scheme is consistent with the Firm Scheme Details;
12.4.9 all Flexible Dwellings within the Firm Scheme have been acquired, reserved by or let to Eligible Purchasers;
12.4.10 where it is a LA Provider, it is not exceed thirty per centum (30%) subject to any direction of the Development Costs Secretary of State under Section 15 of the Local Government Act 1999 nor do any circumstances exist which would entitle the Secretary of State to issue such a direction which in either case would adversely affect delivery of the Firm Scheme; and
12.4.11 where it is a LA Provider, no report has been made nor is it aware of any circumstances that would give rise to the making of a report under Section 114(3) or Section 114A of the Local Government Finance Act 1988 which in either case would adversely affect delivery of the Firm Scheme.
12.5 The Relevant Consortium Member shall be entitled to disclose against the warranty given in Condition 12.4.9 and must provide details of the then current acquisition, reservation and letting position in relation to the Firm Scheme.
12.6 In submitting an application pursuant to Condition 12.1 or 12.3 on its own behalf the Lead Partner is deemed to represent and warrant to the GLA:
12.6.1 in the terms set out in Conditions 12.2.1, 12.2.2 and 12.2.4 to 12.2.8 (inclusive) for the Named Project purposes of an application made pursuant to Condition 12.1; and
12.6.2 in the terms set out in Conditions 12.4.1, 12.4.2 and no AHP Dwelling is 12.4.4 to 12.4.11 (inclusive) for the purposes of an application made pursuant to Condition 12.3;
12.6.3 that all confirmations and certifications made or to be made by it in IMS in relation to the Firm Scheme have been, are or will be subsidised by GLA Programme Fundscorrect in all material respects.
12.5 Any amount of Named Project Grant not claimed by 12.7 In submitting an application pursuant to Condition 12.1 or Condition 12.3 the Grant Recipient during Lead Partner is deemed to represent and warrant to the Availability Period will be cancelled unless GLA in that it retains its absolute discretion agrees to status as an extensionInvestment Partner.
Appears in 1 contract
Samples: Consortium Delivery Agreement