Common use of Management of the Project and Project Funds Clause in Contracts

Management of the Project and Project Funds. (a) The Funding Recipient agrees that a person specified in this clause 3.7 may not have a role in the management of the Project or the Project Funds: (i) a person who is an undischarged bankrupt; (ii) a person who has in operation a composition, deed or arrangement or deed of assignment with his or her creditors under the law relating to bankruptcy; (iii) a person who has suffered final judgment for a debt and the judgment has not been satisfied; (iv) subject to Part VIIC of the Crimes Xxx 0000 (Cth), a person who has been convicted of an offence within the meaning of paragraph 85ZM(1) of that Act unless: (A) that conviction is regarded as spent under paragraph 85ZM(2) (taking into consideration the application of Division 4 of Part VIIC); (B) the person was granted a free and absolute pardon because the person was wrongly convicted of the offence; or (C) the person's conviction for the offence has been quashed; or (v) a person who is or was a Director, or occupied an influential position in the management or financial administration, of an organisation that has failed to comply with the grant requirements or obligations owed to the Commonwealth. (b) Where a person falls or is discovered as falling within any of clauses 3.7(a)(i) to (a)(v), the Funding Recipient will be in breach of clause 3.7 (a) if the Funding Recipient does not immediately remove the person from his or her role in the management of the Project or the Project Funds. (c) The Funding Recipient agrees to notify GBRF if and / or when the removal of the person has occurred.

Management of the Project and Project Funds. (a) The Funding Recipient agrees that a person specified in this clause 3.7 3.6 may not have a role in the management of the Project or the Project Funds: (i) a person who is an undischarged bankrupt; (ii) a person who has in operation a composition, deed or arrangement or deed of assignment with his or her creditors under the law relating to bankruptcy; (iii) a person who has suffered final judgment for a debt and the judgment has not been satisfied; (iv) subject to Part VIIC of the Crimes Xxx 0000 Act 1914 (Cth), a person who has been convicted of an offence within the meaning of paragraph 85ZM(1) of that Act unless: (A) that conviction is regarded as spent under paragraph 85ZM(2) (taking into consideration the application of Division 4 of Part VIIC); (B) the person was granted a free and absolute pardon because the person was wrongly convicted of the offence; or (C) the person's conviction for the offence has been quashed; or (v) a person who is or was a Director, or occupied an influential position in the management or financial administration, of an organisation that has failed to comply with the grant requirements or obligations owed to the Commonwealth. (b) Where a person falls or is discovered as falling within any of clauses 3.7(a)(i3.6(a)(i) to (a)(v), the Funding Recipient will be in breach of clause 3.73.6 (a) if the Funding Recipient does not immediately remove the person from his or her role in the management of the Project or the Project Funds. (c) The Funding Recipient agrees to notify GBRF if and / or when the removal of the person has occurred.