Common use of GRANT RECIPIENT’S OBLIGATIONS Clause in Contracts

GRANT RECIPIENT’S OBLIGATIONS. 4.1 Throughout this Agreement the Grant Recipient shall:- (i) provide the Project/Service specified within the Schedule; (ii) perform and deliver the Project/Service in a timely and professional manner and with the level of experience, skill and care reasonably to be expected within the industry from a supplier of similar services. (iii) ensure the Project/Services are performed at all times by appropriately qualified and trained personnel, and in accordance with all relevant statutes and other legislative requirements, the provisions and requirements of this Agreement, and good industry practice; (iv) devote to its obligations in terms of this Agreement, such resources including time, labour, attention and skill as are necessary for the satisfactory performance of those obligations; (v) use and apply the entire amounts of the Grant Funding solely for the purposes of providing the Project/Service, except where otherwise explicitly authorised in writing by the Council. The Grant Recipient’s use of any part of the Grant Funding for any other purpose shall be regarded as a material breach of this Agreement; (vi) ensure that documentation used in connection with the Project/Service clearly records that the Council is a funder of the Project/Service. (vii) if applicable, be registered and subject to inspection in accordance with the terms of the Public Services Reform (Scotland) Xxx 0000, and shall comply fully with the terms of the Act; (viii) provide services that are non-denominational, culturally sensitive and inclusive, catering for Service Users of all faiths, or none; (ix) take no action which could or is likely to bring the Council into disrepute; (x) throughout the duration of this Agreement observe and comply with all legislation, statutory enactments, by-laws and regulations applicable to the Project/Service and any variation, amendment or replacement thereof; (xi) notify the Council if for any reason it is unable to sustain the Project/Service. Upon receipt of such notification the Council shall be entitled to review the payments and amounts made or which would have been made to the Grant Recipient during the period in which the Grant Recipient is unable to sustain the Project/Service, and may, in its sole discretion, reduce or vary such amounts; (xii) notify the Council in writing as soon as is reasonably practicable of any loss of personal data as defined at clause 5.2.2 and/or breach of confidentiality; and (xiii) shall not be party political and the Grant Recipient shall not use any Grant Funding received by them from the Council in any way which would result in this amount being made or perceived to have been made for any purpose to any political party or any separate body, company or other legal entity subsidiary to, or otherwise associated with any political party.

GRANT RECIPIENT’S OBLIGATIONS. 4.1 Throughout 3.1 The Grant Recipient shall carry out the Project in accordance with the implementation programme set forth in Annexe 1 of this Agreement Agreement. 3.2 The Grant Recipient shall co-operate with JOA in all matters relating to the performance of the Grant Recipient’s obligations under this agreement and shall act with all due skill and diligence in the performance of its obligations. 3.3 The Grant Recipient shall use the Grant exclusively for the purposes of the Programme and Grant Funds shall not be used for any other purpose without the prior written agreement of JOA. 3.4 The Grant Recipient shall immediately report to JOA any loss of or abuse of funds for any reason. 3.5 The Grant Recipient shall promptly repay to JOA any money incorrectly paid to it either as a result of an administrative error or otherwise. 3.6 The Grant Recipient agrees that as a condition of receiving any funds the Grant Recipient shall:-shall: (ia) provide warrant that the Project/Service specified within Grant shall be used by the Schedule; (ii) perform and deliver Grant Recipient solely for the Project/Service in a timely and professional manner and with delivery of the level of experience, skill and care reasonably to be expected within the industry from a supplier of similar services. (iii) ensure the Project/Services are performed at all times by appropriately qualified and trained personnel, Project and in accordance with all relevant statutes the agreed Project budget and other legislative requirements, the provisions and requirements of this Agreement, and good industry practicedelivery plan; (ivb) devote make all reasonable endeavours to its obligations in terms of this Agreement, such resources including time, labour, attention and skill as are necessary for the satisfactory performance of those obligations; (v) use and apply the entire amounts of spend the Grant Funding solely for in accordance with any Project budget and delivery plan and within the purposes of providing the Project/ServiceGrant Period, except where otherwise explicitly authorised in writing by the Council. The Grant Recipient’s use of and not spend any part of the Grant Funding for on the delivery of the Project after the Grant Period has ended. Should any other purpose part of the Grant remain unspent at the end of the Grant Period, the Grant Recipient shall be regarded as a material breach of this Agreementensure that any unspent monies are returned promptly to JOA; (vic) ensure that documentation used due diligence is undertaken in connection with relation to all partner organisations to whom funds will be remitted, and confirm that none of the Project/Service clearly records that persons who have an active role in the Council management, decision-making, or work for the partner organisation in whatever capacity is a funder of the Project/Service. (vii) if applicablePolitically Exposed Person, be registered and subject to inspection or has been involved in accordance with the terms of the Public Services Reform (Scotland) Xxx 0000money laundering, and shall comply fully with the terms of the Actdrug trafficking, terrorism or other criminal activities in any jurisdiction; (viiid) provide services ensure that are non-denominational, culturally sensitive any liabilities arising at the end of the Project (including any redundancy liabilities for staff employed by the Grant Recipient to deliver the Project) shall be the responsibility of and inclusive, catering shall be managed and paid for Service Users of all faiths, or noneby the Grant Recipient; (ixe) take no action which could or is likely provide to bring the Council into disreputeJOA all information, reports, statistics, study results and data reasonably requested by JOA to track and assess progress and performance of any Project; (xf) throughout the duration acknowledge and agree that all allocations of this Agreement observe and comply with all legislation, statutory enactments, by-laws and regulations applicable Grants are subject to the Project/Service availability of funds and where such funds cease to be available or are in any variation, amendment way restricted then Grants may not be capable of being paid in part or replacement thereof; (xi) notify the Council if full and JOA shall not be responsible for any reason it is unable failure to sustain the Project/Service. Upon receipt of pay Grants in any such notification the Council shall be entitled to review the payments and amounts made or which would have been made to the Grant Recipient during the period in which the Grant Recipient is unable to sustain the Project/Service, and may, in its sole discretion, reduce or vary such amounts; (xii) notify the Council in writing as soon as is reasonably practicable of any loss of personal data as defined at clause 5.2.2 and/or breach of confidentialitycircumstances; and (xiiig) shall not be party political and the Grant Recipient shall not grant an unlimited, perpetual, royalty free, irrevocable, transferable, world- wide licence to JOA to use any Grant Funding received by them from the Council in any way which would result in this amount being made or perceived to have been made for any purpose to any political party or any separate body, company or other legal entity subsidiary to, or otherwise associated with any political partyproject reports/study results etc.

GRANT RECIPIENT’S OBLIGATIONS. 4.1 Throughout this Agreement 3.1 The Grant Recipient shall co-operate with the Grant Recipient shall:- Funder (iand where the Grant Funder directs the Programme Manager) provide in all matters relating to the Project/Service specified within performance of the Schedule; (ii) perform Grant Recipient’s obligations under this agreement and deliver the Project/Service in a timely and professional manner and shall act with the level of experience, all due skill and care reasonably to be expected within diligence in the industry from a supplier performance of similar servicesits obligations. (iii) ensure 3.2 The Grant Recipient shall allocate the Project/Services are performed at all times by appropriately qualified and trained personnel, and Grant to the Programme in accordance with all relevant statutes the terms and other legislative requirements, the provisions and requirements conditions of this Agreement, agreement and good industry practice; (iv) devote to its obligations in terms of this Agreement, such resources including time, labour, attention and skill as are necessary for at the satisfactory performance of those obligations; (v) use and apply the entire amounts direction of the Grant Funding solely Funder. 3.3 The Grant Recipient shall use the Grant exclusively for the purposes of providing the Project/Service, except where otherwise explicitly authorised in writing by Programme and Grant shall not be used for any other purpose without the Council. prior written agreement of the Grant Funder. 3.4 The Grant Recipient’s use Recipient shall immediately report to the Grant Funder and Programme Manager any loss of or abuse of the Grant for any reason. 3.5 The Grant Recipient shall not transfer any part of the Grant Funding to any bank account which is not an ordinary business account within the clearing bank system, without the prior written notification to and consent of the Grant Funder. 3.6 The Grant Recipient shall promptly repay to the Grant Funder any money incorrectly paid to it either as a result of an administrative error or otherwise. 3.7 The Grant Recipient is responsible for any other purpose ensuring they are compliant with the EU de minimis regulation. In this case, the Grant is awarded as de-minimis aid under the EU state aid de-minimis regulation1 and are subject to the conditions in Schedule 4 and conditional on receipt by the Grant Funder of the declaration in that Schedule. 3.8 The Grant Recipient agrees that as a condition of receiving the Grant the Grant Recipient shall: (a) warrant that the Grant shall be regarded as a material breach used by the Grant Recipient solely for the delivery of this Agreementthe Programme and in accordance with any agreed Programme budget and delivery plan in coordination with the Programme Manager; (vib) ensure that documentation used where the Grant Recipient has obtained matching funding from a third party in connection with the Project/Service clearly records that the Council is a funder relation to its delivery of the Project/Service. (vii) if applicableProgramme, or has provided match funding itself the amount of such matching funding shall be registered and subject to inspection used in accordance with the terms of the Public Services Reform (Scotland) Xxx 0000, any agreed Programme budget and shall comply fully with the terms of the Act; (viii) provide services that are non-denominational, culturally sensitive and inclusive, catering for Service Users of all faiths, delivery plan or none; (ix) take no action which could or is likely to bring the Council into disrepute; (x) throughout the duration of this Agreement observe and comply with all legislation, statutory enactments, by-laws and regulations applicable to the Project/Service and any variation, amendment or replacement thereof; (xi) notify the Council if for any reason it is unable to sustain the Project/Service. Upon receipt of such notification the Council shall be entitled to review the payments and amounts made or which would have been made its use otherwise notified to the Grant Recipient during and the period Programme Manager; (c) make all reasonable endeavours to spend the Grant in which accordance with any Programme budget and delivery plan and within the Grant Period, and not spend any part of the Grant on the delivery of the Programme after the Grant Period has ended. Should any part of the Grant remain unspent at the end of the Grant Period, the Grant Recipient is unable shall ensure that any unspent monies are returned promptly to sustain the Project/Service, and may, in its sole discretion, reduce or vary such amountsGrant Funder; (xiid) notify ensure that any liabilities arising at the Council end of the Programme (including any redundancy liabilities for staff employed by the Grant Recipient to deliver the Programme) shall be the responsibility of and shall be managed and paid for by the Grant Recipient; 1 Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de-minimis aid (OJ L 352, 24.12.2013, p.1). (e) provide to the Grant Funder all information, reports, statistics, study results and data reasonably requested by the Grant Funder to track and assess progress and performance of the Programme; (f) acknowledge and agree that the Grant is subject to availability and where such Grant cease to be available the Grant may not be capable of being paid in writing as soon as is reasonably practicable of part or full and the Grant Funder shall not be responsible for any loss of personal data as defined at clause 5.2.2 and/or breach of confidentialityfailure to pay the Grant in any such circumstances; and (xiiig) shall not be party political and grant an unlimited, perpetual, royalty free, irrevocable, transferable, world-wide licence to the Grant Recipient shall Funder to use Programme reports/study results. (h) warrant that Grant is not use any Grant Funding received by them from the Council in any way which would result in this amount being made used to support activity intended to influence or perceived attempt to have been made for any purpose to any influence Parliament, Government or political party or any separate body, company or other legal entity subsidiary toparties, or otherwise associated with any political partyattempt to influence the awarding or renewal of contract or grant agreements or attempt to influence legislative or regulatory action.

GRANT RECIPIENT’S OBLIGATIONS. 4.1 Throughout 3.1 The Grant Recipient shall carry out the Project in accordance with the implementation plan set forth in Annexe 1 of this agreement, or as subsequently agreed in writing with XXX, any such amendment to specifically refer to this Agreement and to note that it is intended to act as an amendment to Annexe 1. 3.2 The Grant Recipient shall co-operate with JOA in all matters relating to the performance of the Grant Recipient’s obligations under this agreement and shall act with all due skill and diligence in the performance of its obligations. 3.3 The Grant Recipient shall use the Grant exclusively for the purposes of the Project and Grant funds shall not be used for any other purpose without the prior written agreement of JOA. 3.4 The Grant Recipient shall immediately report to JOA any loss of or abuse of funds for any reason, in accordance with clause 14 of this agreement. 3.5 The Grant Recipient shall promptly repay to JOA any money incorrectly paid to it either as a result of an administrative error or otherwise. 3.6 As a condition of receiving any funds the Grant Recipient (a) warrants that the Grant shall be used by the Grant Recipient shall:- (i) provide solely for the Project/Service specified within delivery of the Schedule; (ii) perform and deliver the Project/Service in a timely and professional manner and with the level of experience, skill and care reasonably to be expected within the industry from a supplier of similar services. (iii) ensure the Project/Services are performed at all times by appropriately qualified and trained personnel, Project and in accordance with all relevant statutes the detailed budget and other legislative requirementsimplementation plan, the provisions and requirements of this Agreement, and good industry practiceas agreed with XXX from time to time; (ivb) devote to its obligations in terms of this Agreement, such resources including time, labour, attention and skill as are necessary for the satisfactory performance of those obligations; (v) use and apply the entire amounts of the Grant Funding solely for the purposes of providing the Project/Service, except where otherwise explicitly authorised in writing by the Council. The Grant Recipient’s use of Should any part of the Grant Funding for any other purpose remain or look likely to remain unspent at the end of the Grant Period, the Grant Recipient shall be regarded as notify the JOA of the same in advance off the end of the Project, unless a material breach No-Cost Extension is agreed in advance in accordance with clause 9 of this Agreementagreement, the Grant Recipient use reasonable endeavours to ensure that any unspent monies are returned promptly to JOA and in any event within 60 calendar days of the Project’s termination; (vic) shall ensure that documentation appropriate due diligence is undertaken in relation to all Project Partners to whom funds will be remitted, and prior to any such remittance, the Grant Recipient shall confirm that, to the best of the Grant Recipient’s knowledge, none of the persons who have an active role in the management or decision-making for the Project Partner is a Politically Exposed Person, or has been involved in money laundering, drug trafficking, terrorism or other criminal activities in any jurisdiction; (d) shall use reasonable endeavours to ensure any monies provided by it to any Project Partner will be used in connection with an economic, efficient and effective manner and that any liabilities of the Grant Recipient arising at the end of the Project (including any redundancy liabilities for staff employed by the Grant Recipient to deliver the Project/Service clearly records that ) shall be the Council is a funder responsibility of and shall be managed and paid for by the Grant Recipient; (e) shall promptly provide to JOA all information, reports, statistics, study results and data reasonably requested by JOA to contribute toward XXX’s knowledge base and / or to track and assess the progress and performance of the Project/Service. (vii) if applicable, be registered and subject to inspection in accordance with the terms of the Public Services Reform (Scotland) Xxx 0000, and shall comply fully with the terms of the Act; (viiif) provide services acknowledges and agrees that all allocations of Grant Instalments are non-denominational, culturally sensitive and inclusive, catering for Service Users of all faiths, or none; (ix) take no action which could or is likely to bring the Council into disrepute; (x) throughout the duration of this Agreement observe and comply with all legislation, statutory enactments, by-laws and regulations applicable subject to the Project/Service availability of funds and where such funds cease to be available or are in any variation, amendment way restricted then Grant Instalments may not be capable of being paid in part or replacement thereof; (xi) notify the Council if full and JOA shall not be responsible for any reason it is unable failure to sustain the Project/Service. Upon receipt of pay Grant Instalments in any such notification the Council shall be entitled to review the payments and amounts made or which would have been made to the Grant Recipient during the period in which the Grant Recipient is unable to sustain the Project/Service, and may, in its sole discretion, reduce or vary such amounts; (xii) notify the Council in writing as soon as is reasonably practicable of any loss of personal data as defined at clause 5.2.2 and/or breach of confidentialitycircumstances; and (xiiig) shall grants an unlimited, perpetual, royalty free, irrevocable, transferable, world- wide licence to JOA to share products of the Project, including but not be party political limited to project reports and study results, with other funders, agencies and interested parties. Such grant to survive the termination of this agreement. All intellectual property created by the Grant Recipient shall not use any for this Project remains the property of the Grant Funding received by them from the Council in any way which would result in this amount being made or perceived to have been made for any purpose to any political party or any separate body, company or other legal entity subsidiary to, or otherwise associated with any political partyRecipient.