Common use of If Homes England Clause in Contracts

If Homes England. 7.5.1 accepts the Pre-Final Claim Change in principle, it shall be entitled to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the proposed change. Where the result of that recalculation is a lower Firm Scheme Grant figure than that set out in the Firm Scheme Details, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of receipt of Homes England's notification to advise Homes England as to whether the Relevant Consortium Member wishes to withdraw the Firm Scheme from this Agreement, proceed with the Firm Scheme on the basis (a) the Firm Scheme is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member), Homes England will permanently withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Grant as has then been received by it (if any), such repayment to be made within fifteen (15) Business Days of receipt of Homes England's written demand for the same; (b) the Relevant Consortium Member wishes to proceed with the Firm Scheme, the Lead Partner must immediately amend the Firm Scheme Details in IMS to reflect both the Pre-Final Claim Change and the recalculated Firm Scheme Grant figure and the amended Firm Scheme Details will be deemed to be effective from the date of their acceptance by Homes England (through IMS). The remaining Tranches due to be paid to the Lead Partner in respect of the Firm Scheme (each a Remaining Tranche) will be adjusted downwards to take account of the recalculated Firm Scheme Grant figure in such proportions as Homes England shall determine. If such adjustment would result in any Remaining Tranches being a negative figure (and being therefore an overpayment of Firm Scheme Grant), the Relevant Consortium Member must pay Homes England a sum equivalent to the difference (expressed as a positive sum) between the negative figure and zero within fifteen (15) Business Days of receipt of Homes England's written demand for the same; (c) the Lead Partner (on behalf of the Relevant Consortium Member) wishes to retract the Pre-Final Claim Change, it must do so immediately via IMS and the Firm Scheme will proceed as contemplated ante the Lead Partner's submission of the Pre-Final Claim Change; or (d) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.1(a) (Changes to Firm Schemes or the Consortium) shall apply. 7.5.2 accepts the Pre-Final Claim Change (including any change to the Firm Scheme Grant figure) as proposed by the Lead Partner (on behalf of the Relevant Consortium Member), it will accept the change through IMS and the relevant Firm Scheme Details will be deemed to have been amended with effect from the date of such acceptance; 7.5.3 rejects the Pre-Final Claim Change, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of Homes England's notification to advise Homes England as to whether Relevant Consortium Member wishes to proceed with the Firm Scheme on the original basis or to withdraw it. If: (a) the Relevant Consortium Member wishes to withdraw the Firm Scheme, Homes England will permanently withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Grant as has then been received by it, such repayment to be made within fifteen (15) Business Days of receipt of Homes England's written demand for the same; or (b) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.3(a) (Changes to Firm Schemes or the Consortium) shall apply.

If Homes England. 7.5.1 7.3.1 accepts the a Pre-Final First Claim Change in principle, it shall be entitled to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the proposed change. Where the result of that recalculation is a lower Firm Scheme Grant figure than that set out in the Firm Scheme Details, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of receipt of Homes England's notification to advise Homes England as to whether the Relevant Consortium Member wishes to withdraw the Firm Scheme from this Agreement, Agreement or proceed with it on the basis of the recalculated Firm Scheme on Grant figure or to withdraw the basisproposed a Pre-First Claim Change. If: (a) the Firm Scheme is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member), Homes England will permanently (subject to any invocation by the Relevant Consortium Member of clause 9.1 (Firm Scheme substitution and additions) and any resulting operation of clause 9 (Firm Scheme substitution and additions)) withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Allocated Capital Grant as has then been received by it (if any), such repayment to figure will be made within fifteen (15) Business Days of receipt of Homes England's written demand for the samereduced commensurately; (b) the proposed Pre-First Claim Change is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member), the Lead Partner shall reinstate in IMS the Firm Scheme Details ante the date of the proposed Pre-First Claim Change and, following Homes England's approval of such reinstated details in IMS, the Firm Scheme shall proceed on the basis of those reinstated Firm Scheme Details; (c) the Relevant Consortium Member wishes to proceed with the Firm Scheme, the Lead Partner must immediately amend the Firm Scheme Details in IMS to reflect both the Pre-Final First Claim Change and the recalculated Firm Scheme Grant figure and the figure. The amended Firm Scheme Details (together with any adjustments to the sum and percentages of any subsequent Tranche due resulting from the recalculated Firm Scheme Grant figure being lower than the original Firm Scheme Grant figure) will be deemed to be effective from the date of their acceptance by Homes England (through IMS). The remaining Tranches due to be paid to the Lead Partner in respect of the Firm Scheme (each a Remaining Tranche) will be adjusted downwards to take account of the recalculated Firm Scheme Grant figure in such proportions as Homes England shall determine. If such adjustment would result in any Remaining Tranches being a negative figure (and being therefore an overpayment of Firm Scheme Grant), the Relevant Consortium Member must pay Homes England a sum equivalent to the difference (expressed as a positive sum) between the negative figure and zero within fifteen (15) Business Days of receipt of Homes England's written demand for the same; (c) the Lead Partner (on behalf of the Relevant Consortium Member) wishes to retract the Pre-Final Claim Change, it must do so immediately via IMS and the Firm Scheme will proceed as contemplated ante the Lead Partner's submission of the Pre-Final Claim Change; or (d) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.1(a) (Changes to Firm Schemes or the Consortium) shall applyAgreement. 7.5.2 7.3.2 accepts the a Pre-Final First Claim Change (including any change to the Firm Scheme Grant figure) as proposed by the Lead Partner (on behalf of the Relevant Consortium Member)Partner, it will accept the change through IMS and the relevant Firm Scheme Details will be deemed to have been amended with effect from the date of such acceptance; 7.5.3 7.3.3 rejects the a Pre-Final First Claim Change, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of Homes England's notification to advise Homes England as to whether the Relevant Consortium Member wishes to proceed with the Firm Scheme on the original basis or to withdraw it. If: (a) the Firm Scheme is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member wishes to withdraw the Firm SchemeMember), Homes England will permanently withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Allocated Capital Grant as has then been received by it, such repayment to figure will be made within fifteen (15) Business Days of receipt of Homes England's written demand for the samereduced commensurately; or (b) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.3(a7.3.3(a) (Changes to Firm Schemes or the Consortium) shall apply.

If Homes England. 7.5.1 7.3.1 accepts the a Pre-Final First Claim Change in principle, it shall be entitled to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the proposed change. Where the result of that recalculation is a lower Firm Scheme Grant figure than that set out in the Firm Scheme Details, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of receipt of Homes England's notification to advise Homes England as to whether the Relevant Consortium Member wishes to withdraw the Firm Scheme from this Agreement, Agreement or proceed with the Firm Scheme it on the basisbasis of the (a) the Firm Scheme is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member), Homes England will permanently (subject to any invocation by the Relevant Consortium Member of clause 9.1 (Firm Scheme substitution and additions) and any resulting operation of clause 9 (Firm Scheme substitution and additions)) withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Allocated Capital Grant as has then been received by it (if any), such repayment to figure will be made within fifteen (15) Business Days of receipt of Homes England's written demand for the samereduced commensurately; (b) the proposed Pre-First Claim Change is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member), the Lead Partner shall reinstate in IMS the Firm Scheme Details ante the date of the proposed Pre-First Claim Change and, following Homes England's approval of such reinstated details in IMS, the Firm Scheme shall proceed on the basis of those reinstated Firm Scheme Details; (c) the Relevant Consortium Member wishes to proceed with the Firm Scheme, the Lead Partner must immediately amend the Firm Scheme Details in IMS to reflect both the Pre-Final First Claim Change and the recalculated Firm Scheme Grant figure and the figure. The amended Firm Scheme Details (together with any adjustments to the sum and percentages of any subsequent Tranche due resulting from the recalculated Firm Scheme Grant figure being lower than the original Firm Scheme Grant figure) will be deemed to be effective from the date of their acceptance by Homes England (through IMS). The remaining Tranches due to be paid to the Lead Partner in respect of the Firm Scheme (each a Remaining Tranche) will be adjusted downwards to take account of the recalculated Firm Scheme Grant figure in such proportions as Homes England shall determine. If such adjustment would result in any Remaining Tranches being a negative figure (and being therefore an overpayment of Firm Scheme Grant), the Relevant Consortium Member must pay Homes England a sum equivalent to the difference (expressed as a positive sum) between the negative figure and zero within fifteen (15) Business Days of receipt of Homes England's written demand for the same; (c) the Lead Partner (on behalf of the Relevant Consortium Member) wishes to retract the Pre-Final Claim Change, it must do so immediately via IMS and the Firm Scheme will proceed as contemplated ante the Lead Partner's submission of the Pre-Final Claim Change; or (d) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.1(a) (Changes to Firm Schemes or the Consortium) shall applyAgreement. 7.5.2 7.3.2 accepts the a Pre-Final First Claim Change (including any change to the Firm Scheme Grant figure) as proposed by the Lead Partner (on behalf of the Relevant Consortium Member)Partner, it will accept the change through IMS and the relevant Firm Scheme Details will be deemed to have been amended with effect from the date of such acceptance; 7.5.3 7.3.3 rejects the a Pre-Final First Claim Change, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of Homes England's notification to advise Homes England as to whether the Relevant Consortium Member wishes to proceed with the Firm Scheme on the original basis or to withdraw it. If: (a) the Firm Scheme is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member wishes to withdraw the Firm SchemeMember), Homes England will permanently withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Allocated Capital Grant as has then been received by it, such repayment to figure will be made within fifteen (15) Business Days of receipt of Homes England's written demand for the samereduced commensurately; or (b) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.3(a7.3.3(a) (Changes to Firm Schemes or the Consortium) shall apply.

If Homes England. 7.5.1 accepts the Pre-Final Claim Change in principle, it shall be entitled to recalculate the Firm Scheme Grant allocated to the Firm Scheme by reference to the proposed change. Where the result of that recalculation is a lower Firm Scheme Grant figure than that set out in the Firm Scheme Details, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of receipt of Homes England's notification to advise Homes England as to whether the Relevant Consortium Member wishes to withdraw the Firm Scheme from this Agreement, proceed with the Firm Scheme on the basisbasis of the recalculated Firm Scheme Grant figure or to retract the Pre-Final Claim Change. If: (a) the Firm Scheme is withdrawn by the Lead Partner (on behalf of the Relevant Consortium Member), Homes England will permanently withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Grant as has then been received by it (if any), such repayment to be made within fifteen (15) Business Days of receipt of Homes England's written demand for the same; (b) the Relevant Consortium Member wishes to proceed with the Firm Scheme, the Lead Partner must immediately amend the Firm Scheme Details in IMS to reflect both the Pre-Final Claim Change and the recalculated Firm Scheme Grant figure and the amended Firm Scheme Details will be deemed to be effective from the date of their acceptance by Homes England (through IMS). The remaining Tranches due to be paid to the Lead Partner in respect of the Firm Scheme (each a Any Remaining Tranche) Tranche will be adjusted downwards to take account of the recalculated Firm Scheme Grant figure in such proportions as Homes England shall determine. If such adjustment would result in any Remaining Tranches Tranche being a negative figure (and being therefore an overpayment of Firm Scheme Grant), the Relevant Consortium Member must pay Homes England a sum equivalent to the difference (expressed as a positive sum) between the negative figure and zero within fifteen (15) Business Days of receipt of Homes England's written demand for the same; (c) the Lead Partner (on behalf of the Relevant Consortium Member) wishes to retract the Pre-Final Claim Change, it must do so immediately via IMS and the Firm Scheme will proceed as contemplated ante the Lead Partner's submission of the Pre-Final Claim Change; or (d) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.1(a) (Changes to Firm Schemes or the Consortium) shall apply. 7.5.2 accepts the Pre-Final Claim Change (including any change to the Firm Scheme Grant figure) as proposed by the Lead Partner (on behalf of the Relevant Consortium Member), it will accept the change through IMS and the relevant Firm Scheme Details will be deemed to have been amended with effect from the date of such acceptance; 7.5.3 rejects the Pre-Final Claim Change, Homes England will notify the Lead Partner and the Lead Partner will have twenty (20) Business Days from the date of Homes England's notification to advise Homes England as to whether Relevant Consortium Member wishes to proceed with the Firm Scheme on the original basis or to withdraw it. If: (a) the Relevant Consortium Member wishes to withdraw the Firm Scheme, Homes England will permanently withdraw the balance of the Firm Scheme Grant allocated to such scheme and the Relevant Consortium Member must repay Homes England a sum equivalent to such part of the Firm Scheme Grant as has then been received by it, such repayment to be made within fifteen (15) Business Days of receipt of Homes England's written demand for the same; or (b) a Notification Failure occurs, Homes England shall be entitled (but not obliged) to treat such failure as a decision by the Relevant Consortium Member to withdraw the Firm Scheme from this Agreement and clause 7.5.3(a) (Changes to Firm Schemes or the Consortium) shall apply.