Grant Claim Procedures. The parties acknowledge and agree that it is a condition precedent to the Grant Recipient making any claim for Firm Scheme Grant under this Clause 14 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: the Acceptance Date has passed; and the Grant Recipient possesses a Secure Legal Interest and the parties acknowledge and agree that for the purposes of this Clause 14.1.2 (Grant Claim Procedures), a Contractual Interest shall be disregarded and of no effect. Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. In submitting a claim pursuant to Clause 14.2 (Grant Claim Procedures) the Grant Recipient: is deemed to repeat the representations and warranties set out in Clause 5.2 (Firm Schemes) other than Clause 5.2.2(b) (Firm Schemes) and for the purposes of this Clause 14.3.1 (Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; represents and warrants to Homes England that: (a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS; (b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche; (c) it has procured a valuation of the relevant Site in accordance with Clause
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Grant Claim Procedures. 12.1 The parties acknowledge and agree that it is a condition precedent to the Grant Recipient making any claim for Firm Scheme Grant under this Clause 14 12 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: :
12.1.1 the Acceptance Date has passed; and and
12.1.2 the Grant Recipient possesses a Secure Legal Interest and the parties acknowledge and agree that for the purposes of this Clause 14.1.2 12.1.2 (Grant Claim Procedures), a Contractual Interest shall be disregarded and of no effect. .
12.2 Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. .
12.3 In submitting a claim pursuant to Clause 14.2 12.2 (Grant Claim Procedures) the Grant Recipient: :
12.3.1 is deemed to repeat the representations and warranties set out in Clause 5.2 4.2 (Firm Schemes) other than Clause 5.2.2(b4.2.2(b) (Firm Schemes) and for the purposes of this Clause 14.3.1 12.3.1 (Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; ;
12.3.2 represents and warrants to Homes England that:
(a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS;
(b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche;
(c) it has procured a valuation of the relevant Site in accordance with Clause
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Grant Claim Procedures. 14.1 The parties acknowledge and agree that it is a condition precedent to the Grant Recipient making any claim for Firm Scheme Grant under this Clause 14 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: :
14.1.1 the Acceptance Date has passed; and ;
14.1.2 the Grant Recipient possesses a Secure Legal Interest and Interest; and
14.1.3 where the parties acknowledge and agree that for claim is made in relation to a Firm Scheme in respect of which Homes England has permitted the purposes of this Clause 14.1.2 (Grant Claim Procedures)Recipient to hold an Alternative Interest, a Contractual Interest shall be disregarded and of no effect. any conditions attached to such approval which are then required to have been satisfied, have been satisfied.
14.2 Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. .
14.3 In submitting a claim pursuant to Clause 14.2 (Grant Claim Procedures) the Grant Recipient: :
14.3.1 is deemed to repeat the representations and warranties set out in Clause 5.2 (Firm Schemes) other than Clause 5.2.2(b) (Firm Schemes) and for the purposes of this Clause 14.3.1 (Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; );
14.3.2 represents and warrants to Homes England that:
(a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS;
(b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche;
(c) it has procured a valuation of the relevant Site in accordance with Clause
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 14.1 The parties acknowledge and agree that it is a condition precedent to the Grant Recipient Lead Partner making any claim for Firm Scheme Grant under this Clause clause 14 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: :
14.1.1 the Acceptance Date has passed; and and
14.1.2 the Grant Recipient Relevant Consortium Member possesses a Secure Legal Interest and the parties acknowledge and agree that for the purposes of this Clause clause 14.1.2 (Grant Claim Procedures), a Contractual Interest shall be disregarded and of no effect. .
14.2 Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient Lead Partner shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. .
14.3 In submitting permitting the Lead Partner to submit a claim pursuant to Clause clause 14.2 (Grant Claim Procedures) the Grant Recipient: Relevant Consortium Member is deemed to to:
14.3.1 repeat the representations and warranties set out in Clause clause 5.2 (Firm Schemes) other than Clause clause 5.2.2(b) (Firm Schemes) and for the purposes of this Clause clause
14.3.1 (( Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; represents ;
14.3.2 represent and warrants warrant to Homes England that:
(a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS;
(b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche;
(c) it has procured a valuation of the relevant Site in accordance with Clauseclause 11.12 (Operational Obligations) (where applicable);
(d) all confirmations and certifications made or to be made by the Lead Partner on the Relevant Consortium Member's behalf in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects and the Relevant Consortium Member has authorised the Lead Partner to make such confirmations and certifications;
(e) it is a Registered Provider;
(f) no Withholding Event or Default Event has occurred or arisen (excluding any Withholding Event or Default Event which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(g) the Relevant Consortium Member has provided Homes England with a Disposal Notification in accordance with the requirements of clause
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. The parties acknowledge and agree that it is a condition precedent to the Grant Recipient making any claim for Firm Scheme Grant under this Clause 14 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: the Acceptance Date has passed; and the Grant Recipient possesses a Secure Legal Interest and the parties acknowledge and agree that for the purposes of this Clause 14.1.2 (Grant Claim Procedures), a Contractual Interest shall be disregarded and of no effect. Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. In submitting a claim pursuant to Clause 14.2 (Grant Claim Procedures) the Grant Recipient: is deemed to repeat the representations and warranties set out in Clause 5.2 (Firm Schemes) other than Clause 5.2.2(b) (Firm Schemes) and for the purposes of this Clause 14.3.1 (Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; represents and warrants to Homes England that:
(a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS;
(b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche;
(c) it has procured a valuation of the relevant Site in accordance with Clause 11.14 (procure that prior to any AHP Dwelling comprised in such Firm Scheme being occupied, all certification required in respect of the Firm Scheme (or any part thereof) is obtained (including certification that such AHP Dwelling has passed "Gateway 3" when implemented) under any building safety legislation arising out of the Building Safety Xxxx 2021; and where any AHP Dwelling forms part of a building that is above either 18 metres or 7 storeys in height (whichever is the lower), register as a signatory to the Building a Safer Future Charter.
(a) Operational Obligations) (where applicable);
(b) all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects;
(c) the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
(d) no Withholding Event or Default Event has occurred or arisen (excluding any Withholding Event or Default Event which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(e) it has provided Homes England with a Disposal Notification in accordance with the requirements of Clause 11.12 (procure that prior to any AHP Dwelling comprised in such Firm Scheme being occupied, all certification required in respect of the Firm Scheme (or any part thereof) is obtained (including certification that such AHP Dwelling has passed "Gateway 3" when implemented) under any building safety legislation arising out of the Building Safety Xxxx 2021; and where any AHP Dwelling forms part of a building that is above either 18 metres or 7 storeys in height (whichever is the lower), register as a signatory to the Building a Safer Future Charter.
(a) Operational Obligations) in respect of any Disposal of the relevant Site;
(b) any Change in Control which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 12.1 The parties acknowledge and agree that it is a condition precedent to the Grant Recipient making any claim for Firm Scheme Grant under this Clause 14 12 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: :
12.1.1 the Acceptance Date has passed; and and
12.1.2 the Grant Recipient possesses a Secure Legal Interest and the parties acknowledge and agree that for the purposes of this Clause 14.1.2 12.1.2 (Grant Claim Procedures), a Contractual Interest shall be disregarded and of no effect. .
12.2 Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. .
12.3 In submitting a claim pursuant to Clause 14.2 12.2 (Grant Claim Procedures) the Grant Recipient: :
12.3.1 is deemed to repeat the representations and warranties set out in Clause 5.2 4.2 (Firm Schemes) other than Clause 5.2.2(b4.2.2(b) (Firm Schemes) and for the purposes of this Clause 14.3.1 12.3.1 (Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; ;
12.3.2 represents and warrants to Homes England that:
(a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS;
(b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche;
(c) it has procured a valuation of the relevant Site in accordance with ClauseClause 9.12 (Operational Obligations) (where applicable);
(d) all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects;
(e) the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
(f) no Withholding Event or Default Event has occurred or arisen (excluding any Withholding Event or Default Event which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(g) it has provided Homes England with a Disposal Notification in accordance with the requirements of Clause 9.10 (Operational Obligations) in respect of any Disposal of the relevant Site;
(h) any Change in Control or Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 10.21 (Review, Monitoring and Reporting);
(i) all information provided to Homes England pursuant to Clause 10 (Review, Monitoring and Reporting) and/or set out on IMS in relation to progress of the delivery of the Approved Capital Bid and each applicable Firm Scheme Delivery Timetable remains accurate and correct in all material respects;
(j) it has obtained all Consents necessary for the lawful Delivery of the Firm Scheme in accordance with the Firm Scheme Details as are then required or, with respect to a Firm Scheme which has achieved Practical Completion, to the extent that they are not obtained 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; and
(k) the Firm Scheme will be or has been Delivered (as applicable) in accordance with the Submitted Standards, the Strategic Objectives, the Firm Scheme Details and the requirements of this Agreement.
12.4 Where any Firm Scheme is identified on IMS as being an MMC Scheme, the parties may agree alternative Relevant Claim Stages and/or Milestones (which better reflect the nature and characteristics of Modern Methods of Construction) in IMS or in such other medium as Homes England may specify and where this Clause 12.4 (Grant Claim Procedures) applies Homes England reserves the right to require that the Grant Recipient makes additional representations and warranties as a condition of any claim for Firm Scheme Grant.
Appears in 1 contract
Samples: Grant Agreement
Grant Claim Procedures. 14.1 The parties acknowledge and agree that it is a condition precedent to the Grant Recipient making any claim for Firm Scheme Grant under this Clause 14 (Grant Claim Procedures) that with respect to the relevant Firm Scheme: :
14.1.1 the Acceptance Date has passed; and and
14.1.2 the Grant Recipient possesses a Secure Legal Interest and the parties acknowledge and agree that for the purposes of this Clause 14.1.2 (Grant Claim Procedures), a Contractual Interest shall be disregarded and of no effect. .
14.2 Subject to the Relevant Claim Stage having been achieved by the Relevant Claim Date, the Grant Recipient shall be entitled to submit a claim for the Applicable Tranche through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claim and payments set out in the Capital Funding Guide. .
14.3 In submitting a claim pursuant to Clause 14.2 (Grant Claim Procedures) the Grant Recipient: :
14.3.1 is deemed to repeat the representations and warranties set out in Clause 5.2 (Firm Schemes) other than Clause 5.2.2(b) (Firm Schemes) and for the purposes of this Clause 14.3.1 (Grant Claim Procedures) the parties acknowledge and agree that a Contractual Interest shall be disregarded and of no effect; ;
14.3.2 represents and warrants to Homes England that:
(a) the Relevant Claim Stage has been achieved and the date on which the Relevant Claim Stage was achieved is no later than the date forecast in IMS;
(b) where the claim is being made for a Tranche with respect to a Flex Scheme it has incurred Actual Development Costs to at least the value of the Applicable Tranche;
(c) it has procured a valuation of the relevant Site in accordance with ClauseClause 11.15 (procure that prior to any AHP Dwelling comprised in such Firm Scheme being occupied, all certification required in respect of the Firm Scheme (or any part thereof) is obtained (including certification that such AHP Dwelling has passed "Gateway 3" when implemented) under any building safety legislation arising out of the Building Safety Xxxx 2021; and
14.3.3 where any AHP Dwelling forms part of a building that is above either 18 metres or 7 storeys in height (whichever is the lower), register as a signatory to the Building a Safer Future Charter.
(a) Operational Obligations) (where applicable);
(b) all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects;
(c) the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
(d) no Withholding Event or Default Event has occurred or arisen (excluding any Withholding Event or Default Event which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(e) it has provided Homes England with a Disposal Notification in accordance with the requirements of Clause 11.12 (procure that prior to any AHP Dwelling comprised in such Firm Scheme being occupied, all certification required in respect of the Firm Scheme (or any part thereof) is obtained (including certification that such AHP Dwelling has passed "Gateway 3" when implemented) under any building safety legislation arising out of the Building Safety Xxxx 2021; and
14.3.4 where any AHP Dwelling forms part of a building that is above either 18 metres or 7 storeys in height (whichever is the lower), register as a signatory to the Building a Safer Future Charter.
(a) Operational Obligations) in respect of any Disposal of the relevant Site;
(b) any Change in Control or Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 12.21 (Review, Monitoring and Reporting);
(c) all information provided to Homes England pursuant to Clause 12 (Review, Monitoring and Reporting) and/or set out on IMS in relation to progress of the delivery of the Approved Capital Bid and each applicable Firm Scheme Delivery Timetable remains accurate and correct in all material respects;
(d) it has obtained all Consents necessary for the lawful Delivery of the Firm Scheme in accordance with the Firm Scheme Details as are then required or, with respect to a Firm Scheme which has achieved Practical Completion, to the extent that they are not obtained 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;
(e) the Firm Scheme will be or has been Delivered (as applicable) in accordance with the Submitted Standards, the Strategic Objectives, the Firm Scheme Details and the requirements of this Agreement; and
(f) it is participating in the Home Ownership Agency Arrangements (where applicable).
14.4 Where any Firm Scheme is identified on IMS as being an MMC Scheme, the parties may agree alternative Relevant Claim Stages and/or Milestones (which better reflect the nature and characteristics of Modern Methods of Construction) in IMS or in such other medium as Homes England may specify and where this Clause 14.4 (Grant Claim Procedures) applies Homes England reserves the right to require that the Grant Recipient makes additional representations and warranties as a condition of any claim for Firm Scheme Grant.
Appears in 1 contract
Samples: Grant Agreement