Common use of Indicative Schemes Clause in Contracts

Indicative Schemes. 4.1 The Grant Recipient confirms that such details of each Indicative Scheme comprised within the Original Approved Bid as the Agency requires, including in each case, a Transition Date, have been uploaded onto IMS by the date of this Agreement. 4.2 The Grant Recipient shall be entitled to submit further Indicative Schemes to the Agency after the date of this Agreement and where it wishes to do so, it must submit to the Agency through IMS such details of such further Indicative Schemes as the Agency may require, including in each case a Transition Date. 4.3 The Agency shall be entitled to accept or reject the details submitted for any further Indicative Scheme. Where the Agency accepts a further Indicative Scheme into the Approved Bid pursuant to Condition 4.2 (Indicative Schemes), it shall confirm its acceptance to the Grant Recipient through IMS. 4.4 If an Indicative Scheme is accepted by the Agency in IMS, such scheme becomes subject to the terms of this Agreement from the date of that acceptance. 4.5 The Grant Recipient must use all reasonable endeavours to ensure that each Indicative Scheme: 4.5.1 is worked up so that it is capable of being brought forward as a Firm Scheme on or by the Transition Date (Scheme Transition); and 4.5.2 is uploaded onto IMS in accordance with the procedure and timescale set out in Condition 5.1 (Firm Schemes). 4.6 The Grant Recipient must notify the Agency in writing immediately upon becoming aware of any matter or circumstance which is likely to prejudice the Grant Recipient's ability to comply with its obligations under Condition 4.5 (Indicative Schemes). 4.7 On receipt of a notice under Condition 4.6 (Indicative Schemes) or on otherwise becoming aware of any likely delay to the relevant Scheme Transition the Agency (acting reasonably) shall be entitled either: 4.7.1 to extend the Transition Date by such period as it considers to be appropriate having regard to the circumstance giving rise to the anticipated delay; or 4.7.2 to withdraw the Indicative Allocation and in determining which option to pursue the Agency shall be entitled to take into account such factors as it considers appropriate including: (a) the proximity of the Transition Longstop Date to any extended Transition Date; (b) the likely availability of Agency resources in relation to any delayed delivery of the prospective Firm Scheme resulting from any extension to the Transition Date; and (c) the adequacy of the Grant Recipient's performance to date in respect of other Indicative Schemes and Firm Schemes. 4.8 The Grant Recipient shall be entitled to propose changes to any Indicative Scheme at any point prior to the date which is forty (40) Business Days before the relevant Transition Date. Any such changes must be communicated to the Agency in writing or by the Grant Recipient proposing changes to the Indicative Scheme Details through IMS. The Agency shall have a period of ten (10) Business Days (from the date of notification of the proposed changes) to consider the proposal and respond to the Grant Recipient. The Agency shall be entitled at its discretion to: 4.8.1 accept the proposed changes, in which case the Grant Recipient must ensure that the accepted changes are correctly logged in IMS. The changes shall be deemed to be effective from the point at which they are formally accepted by the Agency in IMS; or 4.8.2 reject the proposed changes, in which case the Grant Recipient shall (subject to Condition 4.10 (Indicative Schemes)) have a period of twenty (20) Business Days (from the point of notification of the Agency's rejection of the proposed changes) to notify the Agency as to whether it wishes to proceed with the Indicative Scheme on the basis originally submitted or to withdraw the Indicative Scheme from the Approved Bid. 4.9 If the Grant Recipient: 4.9.1 withdraws the Indicative Scheme from the Approved Bid; or 4.9.2 fails to notify the Agency within the period prescribed in Condition 4.8.2 (Indicative Schemes) as to which option it wishes to pursue the Agency shall be entitled permanently to withdraw the Indicative Allocation and the Allocated Grant figure shall be reduced commensurately. 4.10 Notwithstanding any other term of this Agreement, all Indicative Schemes must (unless otherwise agreed) either have achieved Firm Scheme status or have been withdrawn from the Approved Bid by the Transition Longstop Date. If an Indicative Scheme has failed to achieve Firm Scheme status by such date the Agency shall be entitled permanently to withdraw the Indicative Allocation and the Allocated Grant figure shall be reduced commensurately.

Indicative Schemes. 4.1 The Grant Recipient Lead Partner confirms that such details of each Indicative Scheme comprised within the Original Approved Bid as the Agency requires, including in each case, a Transition Date, have been uploaded onto IMS by the date of this Agreement. 4.2 The Grant Recipient Lead Partner shall be entitled to submit further Indicative Schemes to the Agency after the date of this Agreement and where it wishes to do so, it must submit to the Agency through IMS such details of such further Indicative Schemes as the Agency may require, including in each case a Transition Date. 4.3 The Agency shall be entitled to accept or reject the details submitted for any further Indicative Scheme. Where the Agency accepts a further Indicative Scheme into the Approved Bid pursuant to Condition 4.2 (Indicative Schemes), it shall confirm its acceptance to the Grant Recipient Lead Partner through IMS. 4.4 If an Indicative Scheme is accepted by the Agency in IMS, such scheme becomes subject to the terms of this Agreement from the date of that acceptance. 4.5 The Grant Recipient Relevant Consortium Member must use all reasonable endeavours to ensure that each Indicative Scheme: 4.5.1 Scheme is worked up so that it is capable of being brought forward as a Firm Scheme on or by within the applicable Transition Date Window (Scheme Transition); and. 4.5.2 4.6 The Lead Partner must use all reasonable endeavours to ensure that each Indicative Scheme is uploaded onto IMS in accordance with the procedure and timescale set out in Condition 5.1 (Firm Schemes). 4.6 4.7 The Grant Recipient Relevant Consortium Member or the Lead Partner (as applicable) must notify the Agency in writing immediately upon becoming aware of any matter or circumstance which is likely to prejudice the Grant Recipient's its ability to comply with its the obligations under Condition 4.5 (Indicative Schemes) or Condition 4.6 (Indicative Schemes). 4.7 4.8 On receipt of a notice under Condition 4.6 4.7 (Indicative Schemes) or on otherwise becoming aware of any likely delay to the relevant Scheme Transition the Agency (acting reasonably) shall be entitled either: 4.7.1 4.8.1 to extend the applicable Transition Date Window by such period as it considers to be appropriate having regard to the circumstance giving rise to the anticipated delay; or 4.7.2 4.8.2 to withdraw the Indicative Allocation and in determining which option to pursue the Agency shall be entitled to take into account such factors as it considers appropriate including: (a) the proximity of the Transition Longstop Date to any extended Transition Date; (b) the likely availability of Agency resources in relation to any delayed delivery of the prospective Firm Scheme resulting from any extension to the Transition DateWindow; and (cb) the adequacy of the Grant RecipientRelevant Consortium Member's performance to date in respect of other Indicative Schemes and Firm Schemes. 4.8 4.9 The Grant Recipient Lead Partner shall be entitled to propose changes to any Indicative Scheme at any point prior to the date which is forty (40) Business Days before the relevant Transition Date. Any such changes must be communicated to the Agency in writing or by the Grant Recipient Lead Partner proposing changes to the Indicative Scheme Details through IMS. The Agency shall have a period of ten (10) Business Days (from the date of notification of the proposed changes) to consider the proposal and respond to the Grant RecipientLead Partner. The Agency shall be entitled at its discretion to: 4.8.1 4.9.1 accept the proposed changes, in which case the Grant Recipient Lead Partner must ensure that the accepted changes are correctly logged in IMS. The changes shall be deemed to be effective from the point at which they are formally accepted by the Agency in IMS; or 4.8.2 4.9.2 reject the proposed changes, in which case the Grant Recipient Lead Partner shall (subject to Condition 4.10 4.11 (Indicative Schemes)) have a period of twenty (20) Business Days (from the point of notification of the Agency's rejection of the proposed changes) to notify the Agency as to whether it the Relevant Consortium Member wishes to proceed with the Indicative Scheme on the basis originally submitted or to withdraw the Indicative Scheme from the Approved Bid. 4.9 4.10 If the Grant RecipientLead Partner: 4.9.1 4.10.1 withdraws the Indicative Scheme from the Approved Bid; or 4.9.2 4.10.2 fails to notify the Agency within the period prescribed in Condition 4.8.2 4.9.2 (Indicative Schemes) as to which option it wishes to pursue pursue, the Agency shall be entitled permanently to withdraw the Indicative Allocation and the Allocated Grant figure shall be reduced commensurately. 4.10 4.11 Notwithstanding any other term of this Agreement, all Indicative Schemes must (unless otherwise agreed) either have achieved Firm Scheme status or have been withdrawn from the Approved Bid by the Transition Longstop Date. If an Indicative Scheme has failed to achieve Firm Scheme status by such date the Agency shall be entitled permanently to withdraw the Indicative Allocation and the Allocated Grant figure shall be reduced commensurately.